t XVI . . . Inland tea&-vessels (Amendment) Act - Legislative ...

h I

CONTEXTS

Pages

,: VII Appropriation Act . : VIII Appropriation (Railways) No. 2 Act . !' IX Requisitioned Land (Continuance of Powers) Amendment Act . $ X Delhi and Ajmer-Merwara Rent Control (Amendment) Act . !?XI Taxation on Income (Investigation Commission) Amendment Act . itxI= ~ p ~ r o ~ r i a t i o n (Vote on A-count) Act . &.XII~ Indian Tariff (Amendment) Act .

. . . $i: XIV Appropriation (Railways) No. 3 Act .

, xv Appropriation (No. 2) Act . ,t XVI Mlnimum Wages (Amondment) Act . : XVIJ Coal Mines Safety (Stowing) Amendment Act .

XVIII Supreme Court Advocat?~ (Practice in High Courts) Act . \

*' XIX Code of Civil Procedure (Second Amendment) Act . G 4:-'XX Indian Tariff (Second Amendment) Act .

Coal Mines Provident Fund'and Ronus Schemes (Amendment) Act Administration of Evacuee Property [amendment) Act .

X I I I . Finance Act . \ . <

Codes of Civil andcriminal Procedure ( ~ d e n d m e n t ) Act , . . Jellivwala Bag$ National Memorial Act . . . . Inland tea&-vessels (Amendment) Act . . . \ . Representation of the People (Amendment),Act . Tax on Newspapers (Sales and Advertisements) Repeal Act .

CXXIX Visva-Bharati Act <.. , .. . k XXX., President's Pension Act . ~ X X X I Hyderabad Public Companies (Limitation, of Dividends)J Repealing

Act . :*.

. . &XXXII Reserve Bank of India (Amendment) Act . 1.- . . 3;XXXIII Finance Comfnission (Miscellaneous Provisions) Act . - . $XXXIV -... Assam Rifles (Amendment) Act . . . . ~ X X X V . . Port Trusts and Ports (Amendment) Act . &XXXVI Delhi Laws (Amendment) Act . ~.$XXVII . Scheduled Aress (Assimilation of Laws) Act . . , . ,

XXXVIII Indian Boilers (Amendment) Act . . . \,,XXXIX Marking of Heavy Paclrages Act . . . [~.xL Indust~ial Disputes (P .nendment and Temporary Provisions) Act . l XLI Rajghat Samadhi Ark . . . ! XLII Indian ~ e r c h a n t ' a h i ~ ~ i n ~ (Amendment) Act . . a . !XLIII Representatio-, of the People Act . . .

Opiup and Revanue Laws (Extension of ~ p ~ l i g a t i o n ) Amendmeilt Act

. . . ..

No. of Act

XLV XLVI. XLVII

L LI LII LIII LIV LV LVI LVII LVIII LI : LX LXI -- . LXII LXIII LXIV LXV LXVI LXVII LXVIII LXIX LXX LXXI

Pntes

geiea Customs and the Central Excises and Sa,It (Amendment,) Act . 303 Punjab State Legislature (Delegation of Powers ) Act . 305 Assam (Alteration of Boundaries) Act . 307 Employment of Children (Amendment) Act' . 309 Government of Part C States Act . 313 Tariff Commission Act . 337 Railway Companies (Emergency Provisions) Act . 347 Indian Companies (Amendment) Act . 357 Employees' State Insurance (Amendment) Act , 3G7 Companies (Donations to National Rundo) Act . , . 37 7 Benares Hindu-University (Amendment) Act . 379 , P r e ~ s (Objectionable Matter) Act . 389. Punjab Appropriation Act . 403 Appropriation (Railways) No. 4 Act . 406 Delhi Premises (Requisition and Eviction) Amendment Act .. 407 Appropri~ltion (No. 3) Act . 499 All India Services Act . 41 1 , Aligarh Muslim University (Amendment) Act . 413 State Financial Corporations Act . 423, Evacuee Interest (Separation) Act 439 Industries (Development and Regulation) Act 451 Part C States (Miscellaneous Laws) Repealing Act . 467 ‘ Representation of the People (Second Amendment) Act . 46% Parliament Prevention of Disqualification Act . . Plantations Labour Act

473 [jl 476.

Displaced Persons (Debts Adjustment) Act . . . . . 489 Ancient and Historical Monuments and Archaeological Sites and Re-

mains (Declaration of National Importance) Act . . 616 Const:t.ltion (first Amendment) Acf . . . . . . 531

. ' LIST OF ABBREVIATIONS USED

: Am. . . . . . . . Amended. Ins. . . . . . . . . . . Inserted. Rep. . *. . . . . . Repealed.

.: Ss. . . . . . . Seotions. . - Soh. . . . . , Schedule.

Nm.-The date appearing in equere braoketa immediately dter the long tiue ol each Act i s the date on whioh the Bill was tweenbed tc by the Preeident under Artiole 111 of the Consti. bution.

8M.of Law.

THE CODE OF CRIXTNAE PROCEDURE (AMENDMENT ) ACT, 1951.

No. I OF 1951.

An Act fxrther to amend the Code of Criminal Procedure, 1898 4 23-

[17th February, 19811 1

BE it enacted by Parliamcnt cs'follows :- I. Short title and commencement.-(1) This Act nl i iy be c:~lled th6

Code of Criminal Procedure (Amendmcnt) Act, 1951. 9 (2) I t shall come into force on such date4as the Central Goaernmsnt 4 ;"

may, by notification in the Official Gazette, appoint. $

cod& of Criminal Code), for the shall be substituted.

~ect ion 1 of the said Code,-

(ii) clause (t t) shall be omitted.

-

Code of G~iminnl . P~ocecLzi~e ( A m e n d m e n t )

of section 25, A& V of 188i-ln iection 25 of : the ds and letter "except P3.rt H States" shall be omitted.

t of section 30, Act V of 1898.-In section 30 of the said

words "Punjab, Delhi, Oudh, the Central Provinces, ssam" the wo~ds "Assam, Madhya Pradesh, Punj.ab, a Bharat, Hyderabad, Mysore, Patiala and East Punjab and Bajasthci,~~, in all Part C States" shall be subskituted;

1898.-In clause (ii) bf sub- for the words "by the Central

row11 Representative in any past of India", the words rnment outside India" shall be substituted.

t V of 1898.-lp sub-section (1) of

he words and figures "declared under thu 03, to be % unit desertion from which iu 11 be omitted; ,

, the words and figures, "or under the " shall be omitted.

in Chapter VI, Act V of 1898.'--ln Part E consisting of sections 93A, 93B substitut,ed, namely :-

Processes in c e ~ t a i n cases.

rocesses in' certain cases.-(1) I n

e of its foreign jurisdiction or Kashmir or i2 the State of

that a summons to, or a rson issued by i t shall be

its of the jurisdiction of an s or warrant, in duplicate,

of that court to be served

. - \

\

g, '

s..'

OF lg511\ Code o f Criminal P~*ocedure ( A m e n d m e n t ) ' 3

i

ndment of section 194, Act V of 1898.-In sub-section (1) of

""'a i

section 194 of the said Code, for the word "ordcr" the word "law" shell .P be substitut d.

I?.. 1nsert:on of new section l97A in Act V of 18g8.-After section 19' the following sectioll &hall bc inserted, ualntlly . -

of Rulers of former Tndzan States.-(I) Tn

(a$<"former Indian State" means any such Indian State as the Cbntral Government may, by notification in t\he Official Gazette, specify tor the purposes of this section;

( h ) ' (~u le r" , i.n relation to a former Indian State, means the person who for the time being is recognised by the President as the Ruler of tkat State for the purposes of the Constitution.

(2 ) NO couj,.t shall take cognizance of any offence alleged to have been cornmitte&*by the Ruler of a former Indian State except with the previous sa6ction of the Central Government.

(3 ) The prov4ions of sub-seckion (2) of section 197 shall apply In relation to the pro ecution and trial of the Ruler of a former Indian State as they app& in relation to the prosecution and trial of n Judge. ' P

12 Amendment of sehtion 268, Act V of 1898.-In section 266 of the ssid Code, for the words letter "for a Part A State" the words an6 I

letters "for a Part A Stat\ or a Part B State" shall be substituted. - ! !

13 Amendment of sec&dq 269, Act V of 1898.-In sectio-n 267 of the qaid Code, for the word "orZ~r" the word "law" shall be substituted.

3 14 Amenclment of sectionp20, Act V of 1898.-In clause (aa) of seo-

tion 320 of the said Code, the w r d s and letters "Part A State or Part C" shall be omitted. !

15. Amendment of section i 2 4 Act V of 1898.-In sub-section (2) of sec*tion 321 of the said Code, the $ ~ r d s "and if the person is an European >r an American, the list shall mendp* the race to which he belongs" shall :;e omitted. 5%

16. Amendment of sections 364 a&& 365, Act V of 1898.-Tn sections 264 and 365 of the said Code, for tgv words and letter "for a Part A State", the words and letters "for s 3@rt A State or a Past B State" .hall be substituted. 2

?

15. Amendment sf section 369, Act V y f 1898.-In section 369 of the <aid Code, the words and letter "for a Pa l t A State" shall be omitted.

18. Amendment of sectiog 371, Act V sub-section (3) of section 371 of the said Code, the following be substituted, namely : -

i " ( 3 ) When the accused is sentenced to'death by any court and an

appeal lies f rod ~ u c h judgment as of right, %he cour6 shall inform him of the period within which, if he wishes to @peal, his appeal should be preferred ."

t

I ? Amendment d section 411A, Act V uf 189$<:--1n sub-sections ( I ) and ( 2 ) of section 411A of the said Code, for the words 'in "he Letters

. .

4 Code of C ~ i m i n a l P ~ o c e d z ~ ~ - e ( A m e n d m e n t )

High Court" the words "in the ~ e t i e r s Patent or law by Court is constituted or continued" shall be substituted.

23. Arne$xikent of section 426, Act < of 1898.-In sub-section (3) of section 426 6$ the said Code, the words "penal servitude" shall be omitted

21. ~ u b s t 4 u t i o n of new sections for sections 503 to 508A, Act V of . 1898.-For sed$ions 503 to 508A, inclusive, the following sectioils shall be substituted, pamely : -

a commission for the

1

reject the application. i i.

504. C o m m i s s i o n t o w h o m to't$e issued.-(1) If the witness is, within the territories to which this O ~ d e extends, the commission shall . be directed to the district magistrat$ or chief presidency magistrate, as the case may be, within the local$imits of whose jurisdiction the witness is to be found.

( 2 ) If the witness is in India, but area to which this Code does not extend, the commission shall to such court. or

Gazette, specify in this behalf. officer as the Central Government may, bfi,notification in the Official

p. ?+

(3) If the witness is in a country or pbce outside India and arrangements have been made by the Centra%<Government with the Government of such country or place for takink. the evidence of witnesses in relation to criminal matters, the comm?+sion shall be issued it. such form, directed to such court or officer, &qd sent to such authority for transmission, as the Central Government may, "by notification in the Official Gazette, prescribe in this bebalf.

505. E x e c u t i o n of commissions.-(1) Upon rece&t of the com- *

mission, the district magistrate, or such magistrate ofXkthe first class as he may appoint in this beha.lf, shall proceed to- the pike where the witness is, or shall summon the witness before him, and shall take

- down his evidence in the same manner, and may for th$ purpose exercise tLe same powers, as in trials of warrant cases under $his Cod$<

\ ,

i OF 19511 Code of ct'ris~b~ai Pracadvre ( A m e n d m e n t ) 5 1

il (2 ) Upon receipt of the commission, the chief presidency magis-

trate, or such presidency magistrate subordinate to him as he mag 4

appoint in this behaki, may compel the attendance of, and examine, I

the witness as if he %ere a witness in a case pending before himself. $ sz

506. Palties may* examine witnesses.-(1) The, parties t o ang proceeding under tlzig, Code in which a commission is issued may respectively forward &@y interrogatories in writing which the court ar magistrate directing tqe commission may think relevant to the issue, and it shall be lawful for the inngistrate, court or officer to whom the commission is *directed\ or to whom the duty of. executing it is delegated, to examine the 'witness upoil such interrogatories.

(2 ) Any such -part$\ may appear before such magistrate, court or ofticer by pleader, or if lpot in custody, in person, and may bxamine, cross-examine and r e -exh ine (as the case may be) the said witness.

507. Return of cornhission.--(1) After any commission issued under section 503 has bien duly executed, it shall be returned, together with the deposition\ of the witness examined thereunder, to the court or magistrate issuink the commission; and the commission, the return thereto and shall be open at all reasonable times to inspection of the and may, subject to all just exceptions, be read in evidence se by either party, and shall form part of the record.

1

- - - - - - before another - - court. _ '

508. "Adjourtzment colnmission is issued un

reasonably sufficient

508A. Execwtion of forez section 505 and so much of se the execution of a commissio

issued by an magistrates here- illafter mentioned as the ued under section 503.

(2) The courts, judg to in sub-section ( I ) are-

in the- Official Gazette, specify in

exercising jurisdiction India as the Central OfTicial Gazette, specify

in this behalf, and having authorit$ under the. law in force in that country or place, to issue commig ions for the examination of P witnesses in relation to criminal m a t t ~ s . "

22. Amendment section 554, Act V of 1$8.-1n sub-secdoll [ I ) of 3ection 654 of the said, Code, for the words an4 letter ' for a Part A \(,ate7', the words and letters "for a Part A Sta* or a Part B State" hall be substituted. 'it

-- - - - -

. .

Procsdure (Amendment) [ACT IT OF 19511

1898.-In section 558 of the State" the words and lettes

of 1898.-In Schedule 11 to the said Code, under the he s against ofher laws, " in the fifth. column relating to the after the words - "Except in mes" the words "not relati shall be inserted.

25 Repeals and savings.-(1) If immediately before the day on which this Act comes into force in a Part B Xtate there is in4force in that State any law which corresponds to the said Cbde, such oorr,wponding law shall

on that day stand repealed but not so as to restore any jurisdiction or form of procedure not then existing or followed or to render-unlawful the cmtinuance of any confinement which is then lawful.

(2) All notifications published, proclamations issued, powers oonferred, forms prescribed, local limits defined, sentences passed and orders, a-ulea and appointments made, under any corresponding law herebj repealed shall be deemed to have been respcctivcly- published, issued, oonferred, prescribed, defined, passed and made under the corresponding provisioll of the said Code.

(3) The provisions of the said Code shall apply to all proceedings butituted after thc coming into fosce of the said Code in any Part B State and, so far as may be, to d l cases pending in any criminal court in that State when the said Code comes into force therein.

(4) Where under any law in force in a Part B Xtate immediately before the commencement of this Act, a sessions judge has been empowered to exercise all or any of the powers of a district magistrate, then, notwith- skanding anything containcd in sub-section (I), that law shall, in so far as it purports to confer such powers on any sessions judge, continue to ' 'have effect as if enacted in the said Code, and' nothing in the said Code shall be deemed to transfer @ any district magistrate in that State any of the powers 60 exercisable by a sessions judge.

-, ---. " - k .

- - -- -- -- -,- .. a d " r - / f &,e* % &-.g ,t. ,769 A.., SW. L . ...

C%jd 2-4. /z. La). . * - + 7 . ,

\

-

THE CODE OF CIVIL PROCEDURE (ANENDMENT) ACT, 1951

No. 11 OE' 1951

An Act furtbsr to amend the Code of Civil Procedure, 1908. [icth February, 19511

BE it enacted by parliament as follows:- I 1. Short title and commencerflesat.-(1) This Act may be called the Code j

of Civil Procedure (Amendment) Act, 1951. , (9) I t shscll come into force on such da tyas the Central Governmen$ mag, I

by notific:~tion in the Official Gazette, appoint. I

"(3) I t extends to the whole of India except- (a) the Tribal Areas in the State of Assam;

(d) the State of Manipur :

- (iii) clause (21) shall be omitted.

- P @de of Civil Procedure (Ameadmant) AGT n

6. Amendment of section 7 , Act V of 1908.Tn section 7 of the said Code, after the words "said Act or law" the words "or to courts in Part B States exercising a ccirre mg ~urisdiction" shall be iuserted,

section for section 29, Act V of 1908.-For section 28 wing section shall be substituted, namely:-

reign summonses.-Summonses and other prooesses

r revenue court established in any part of India to s of this Code do not extend, or

revenue court established or continued by tho tral Government outsideb India, or

(c) any other ci341 or reyenue. court outside India to which tha Central Government "*as, by notification in the Official Gazette declared the provision&% of this section to apply,

may be sent 49 the courts the territories to which this Code extends, and served as if they were siqnmonses issued by such courts."

i 7. Amendment cf section SSA, &t V of 71908.-In the $st proviso to aub-

eection (8) of section 35A of the said Code,- (i) after the figures ''1887",s,G the words and letter "or under a

corresponding law in force in a Pa'd B State" shall be inserted; and (ii) for the words "under that &t" the words "under such Act or law"

shall be substituted. 8. Substitution of new section for secthn 48, Act V of 1908.-For sootion

&,of ths said Code, the following section khall be substituted, namely:- 4.

"43. Execution of decrees passed &g civil courts in places lo whioh thin Code does not extend.-Any decreexpassed by any hivil court established in any part of India to which the pkovisians of this Code do not extend, or by any courk established or con'qnued by the authority of the Central Government outside India, may,! if it cannolb be executed within the jurisdiction of the court by which was passed, be executed M the manner herein provided within the of any court in the tetTitories to which this Code extends."

9. Substitution of new section for 1906.-For section 44 of the stid Code, the followirag section shall

# # 44. Execution of decrees passed by this Code does not extend.-The State iu'the Official Gazette, declare that the any part of India to which the any dass of such decrees, may been passed by courts in that -t

10. Amendment of section 60, Act V of 1908.-In clause (j) of section 60 of the Code, for the words and figures "the Indian Army Acb, 1 9 4 , or the Burma h y Act", the words and figures "the Army Act, 1950" shallibe substituted.

? 11. Substitution of new section for section 78, Act V of 1906y-For section

78 of the s ~ i d Code, the following section ,shall be substituted, namely:- 'i

"78. Commis.sions issued by foreign courr;s.--Subject t&, such con- ditionrs and limitations as may be prescribed, the provisions 'FS to the execlition and retlirn of commissions for the examination of witneqses shall apply to commissions issued by or at the instance of-+ ':

(3) ~ o u r t s 9ituat,e,in any part of India to which the pdvf&~ .of this code do not extevd; or

c- , . . .

m 19'513 . , Coae of Civil Procedure (Amendment) . ; , 8

or continued by the authority of. the Oentsral . .

(c) courts of a,. y State or country outside India." S 12. Suhtitution of new !g,ections 83 to 8733 for sections 83 to 89, A.ct V sf

1908.-For the heading abo$e section 83, snd for sections 83 to 87, inclusive, of the said Code, the follow@g shall be substituted, namely:-

C . "SUITS BY ALIENS AND BY OR % C ~ A I ~ T FOREIGN RULERS, AMBASSADORS AND ENVOYS P

sue.-Alien enemies residing in Indig with t h e Government, and alien. friends, -may sue~~-in-~a.ny- to t q thesuit , as if they were citizens' of India,

in Iodin without such permission, oi. residing not sug in a n y such court.

Explanation.-Every $ erson residing 'in a foreign country, the Gov- P ernment of which is at w r with India, and carrying on business in t h d country without a licence &1 that behalf granted by the Central Government. shall, for the purpose of b e deemed to be an alien enemy residing, in a foreign

" "k 84. When foreign, Bta es may -sue.-A foreign State may sue iii any

competent court: .. 1 I Provided that the ob, ct of the suit is to enforce a private' right

vested in the Ruler of su$ State or in any oBcer of such State in his public capaci~y.

'5 85. Perrroits specia.!ly a&ointed by ~ o v e r n m e n ~ to prosecute o! defend

, o n behalf of foreign Rzilers%-($1 The Central Government mag, . at the request of the Ruler of a for.ign State or a t the request of any per- \ *on com- vetent in t,he opinion of t h e Central Government to act on behalf of such Ruler, bv order, appoint an$ persons to prosecute or-defend any. finit on behalf of such Ruler, and Gpy persons so appointed shallbe deemed. to b e the recognised agents bylwhom appearances, acts and application8 mder this Code may be ma r done on b.ehalf of such Ruler.

(21 A n nnpointment u this section may be made for .the purpose of a, specified suit or of specified suits, or for t h e pivpose nf rill'. such suits as i t mav from timt to time be necessary to prosecute or defend on behalf of such Ruler. a

(3) A person appointed unper this section may authorise or appoint; any other persons to make aEqpearances and applications and do acte iG nny sbrh suit or suits as if heiwere himself a party thereto.

86. S ~ R uqajn8t foreign $ulera, Ambassadors and Envoys.-(I) No ~Rnler of a foreim Stnts may 5 e sued in anv court otherwise compet.en% to try the suit except with the bonsent of the Central Government certified in writing by a Secretary to thdt Government:

2

Provided that a person ma,?, 89 R tenan5 of immovable proierty. sue, without such consent as sforesJd s Ruler from whom he holds or claims .to hold the property.

(8) Such consent mag be gi\en with respect to a specified suit or to ~evc-rnl ~pwified suits nr with retpecf' to all suits of any specific? class or classes, and may specify, in the $age of any suit or c l ~ s s of suits, the court ir?. which the Ruler may b 4 sued, but i t shall not; be given, unless it appears to the Central Govern4ent that the 'Ruler-

(a) ~ R S instikuted a suit ib the court against; the persoil' de?irina 2 to sue him, 08 ?-'q <. . ..,

i b ) 4 l~imwdf or , tradecj within fb 1- of $ha . ) d i e t i o n ot the couA7Y'r

jc) is powes"o~ \i irnmovabie property sitiiuk w i t h thw. lirpits and is to. be sued\with reference $0 such propes6y or for . money

. . charged thereoil, or 1

(dl ht-ib: expressly or i'mpiied!y waiveci tho privilege ii~cordeil $a him 'by this section. ' 4 ' '

(3 ) No Huhr o i a foreign &,ate &all be a.rrestsd under this C,ode and, woept wi t i~ the consent of $hdh Central Government certiiied in writing by 6 -8,euretary to that' Cfovemqpt, no decree shall be executed ayrthis& .$he property of any such Ituler. ,\ b ~ t .

(3 The prucedivg piovisions o\ this sbtion shall apply in relation $0-

(a) mly Ambbssador or lnjioy o i a Icreign State;

( b ) any High ~ommlssioner\oi a Commonwealth country; and

(c) al;y ljuch member qf khe\staLl or retinue of the @uler, Ambas- . sdoi, or Euvoy ol: a foreign s ta te or of the .High Compissioner of a Commonwealih country as $he 'entrd Government may,- by general - or special order, specify in .vhia bkliall, s

a they apply 111 relation to the Xuer ohla loreign State.

87. -style .of fp?eiiyn Rule~s a8 p ~ . ~ t i k ~ to suits.--The & . d e ~ of a foreign. - State may sue, aocl shall be sued, in th4 name of his State:

Provided that in giving the consent keferred to In seotion 86, ,the Centrul Qovernmcilt may direct that the! guler may be sued in $he name of tin %en$ or in any other name. !

87A. Defif~ilioris oj "foreign State" "Rzrler".-(1) I n this Part,,-

(a) "foreign State" means any Stpte outside India which has been recognised by the Central Government: and

1 (b ) "Huler", in relation to a f<reign State, means the person 1 who is for $h6 time being recognised l$y the Central .Government ;to i \.: be the head of that State. . i

. .

(2) Every oourt shall take judicihl notlce of the fact-

(a) that a State has or has not bee; recognised by the Central Government.

(b) that a person has or has not been recognised by the Central Government to be the head of a State:

87B. Application of sections 85 and 86 to RuEeT8 of f o m s r Indian Sta;t~s.--(2) The provisions of section 85, and of sub-sections (1) and (3) of section 86 shall apply in relation to the Bulers of any former Indian Stato as they apply in relation to the Ruler of a forelgn State.

(2) I2 this section- (a) for me^ Indian State" means any such Indian State as tho

Central Government mtiy, by notificatiom ,in the Official Gazette, spec:$ fcr the purposes of this section: and

* -

OF 19613 Code of Civii Procedure (Amendment), 6 ( b ) "Ruler", in relation to a former Indian State, means the

pers6alwho, for Lhe iiine being, is recogi~i~e d b( the I'resident as the liuler & that State for the purposes of the Con titution."

1s. ~ m e n d a d n t of section 92, Act M of 1908.-In sub-section (2) of sectim '

92 of t,ho said ($ode, after the figures "1863" the words "orbby any corresponding law in fcjrc:: in a Par t B State" shell be inserte@.

i4. &.rneac%rfie&t of heading of Part i~ i arld o f section 116, ~ c t 'PP of 1908.- i r i thz i12;ldirlg 6; Part 1X of the said Cocle, lor the words "C13Alt'L'ElI~D HlC;.Fl GO UHTS';' the words ,and letters ''kUUJ3 COUltTS FOli PAlYI' A - STATES AN11 YAIZT B ,S.!L'A'l'ES" shall be substituted, and in section 116 of the said Code,\after the words and letter "Par$ A States" the words and 1eti;er "and Part I$ States" shall be inse!ted.

f ~

15. Amendmema$ of sectiOn;22, Act V of 1908.-In section 422 of the. said Ccde, after the whrds alicl -letter "Part A States" the words and letter "aqd Pare C States" sqall be inserted.

16. ~meadme i ld~ of sectiola i23, Act V of 1908.-In sub-section (2 ) of section ' 123 of the said ~ o $ e , -

'. #(i) for claubes (b) and (c), the following clalise shall be substituted,

!j ;~smely :-.-,

i "(b) tp;ip 1ega.l practitioners enrolled in that Court", and

(ii) clauses \d) and (e) shall be re-lettered as clauses (c j and (d) respectively. \ 3 - . 17. Arnsndment of; sea;.$icn 129, Act V Of 1908.-Ill section 129 of the iaid

Code, after tlie words\a.nd letter ."Part A State", the words and letter "or a Par t B State" shall beinserted, and after t4o words "1,etters Patent or order", the words "or other 1@" shall be inserted.

18. Amendmsilt af 6 ~ ~ e r 2, Act V of 1908.-In rule 1 of Order L of the First Schedule to the said C de, after the words "said. Act or law". the words and letter "or to courts in 'art B Sta'tes exercising a corresponding jurisdiction" shall ba inserted.

P 19. Special provisions explaining Operation of Act I X of, 1922.-Notwifh-

standing a,ag'chiug contained in sub-section (2) of section 1 of the Civil Procedure (Amendment) Act, 1922 ( IX of 1922), but without prejudice to any action taken t he r ende r by any Provincial Cfovernmeilt or State Governmenb before t h e date referred to in ~ub-section (2) of section 1 of this Act, the amendsrlents made iff the said Code by sections 2, 3 and 4 of the said Act shall, with effect from that date, beconis operative throughout t,he teii-itories to which the said Code will then extend.

_I

23. Itopea!a an:! savings.--(1) If, inimerlintely before the dafe on which the said Code comes into force in any Par t B State, there is in force in that State auy law corresponding to the said Codc, chat law shall on tha$ date stand repealed :

Provided that the repeal shall not affect-

(a) the previous operation of any lam so repealed or anything duly done , or sufiered therzunr!er, or

(b) any right, privilege, obligation or liability acquired, accrued or incurred u d e r any law so repealed, or

(c) any investigation: legal proceeding or remedy in respect of any such right, privilege, obliga$ion, Liability, perialty , forfeiture or' pdnishmeuk as afo*&i ..

and any such investigation, legal proceeding or remedy may be institut.d, continued or enforcad, ,and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.

(2) Subjact fv the provisions contained in sub-section (I), notifications published, declarations and rules made, places appointed, agreements filed, scale& prescribed, forms framed, appointments made and powers conferred under any entrctrne;it hcreby repealed shall, so far as they are consistent _with the said Coda, have the same force and effect as if they had been respectively published, kade. appointed, filed, prescribed, framed and conferred under the said Code and by the authority empowered thereby in such behalf.

(3) In every law or notification passed or issued before the commencement of thls Act in which referelice is made to or to any Chapter or section of any lam hereby repealed, such reference shall, so far as may be practicable, be taken

be made to the said Code or its corresponding Par t , Order, seotioi3 or rule.

\ i 9 THE PART B ACT, 19 3 i i I

i

An Act to provide for the extensi ,n of certain laws to Part B States.

d I 6t

L22nd Feb?'uary, 1951.1

1 BE it enacted by Parliament as foI1ows:- '

1. Short title and commencement.-(1) s Act may be called Ghe Part B States (Laws) Act, 1951.

(2) It shall come into force on such da s the Central Government m ~ y , I

by notification in the Ofiicial Gazette, appoi t. P 2. Definition.-In this Act, "appointed ddY" means the date on which thii

Act comes into force. I I

3. Extension and amendment of certain f ~ c t s and Ordinances.-The Acte and Ordinances specified in the Schedule sha 1 be amended in the manner and to the extent therein specified, and the territo ial extent of each of the said Acts and Ordinances shall, as from the appo nt.ed day and in so far as any of the said Acts or Ordirlances or any of the p ovisions contained therein r e l a t ~ i to matters with respect to which Parliament has power to make laws, be as E stated in the extent clause thereof as so amended.

f 4. @onatruction of references to laws no in forcg in Part B §ta,tes.--An;y

reference iri,any Act or Ordinance spaoiS@d the, Schedule to a law which 1s . not in' force in a Part B Slate shall, in rela .ion to that State, be construed as i; a reference to the corresponding ,law, if any,, in force in that State.

5. Construction of references to authoritie where new authorities have been constituted.-Any reference, by whatever fo m of words, in any law for the time being in force in a Part B State to a? 1 authority competent a t the date of the passing of that law to exercise any pqwers or discharge any functions in that State shall, where a corresponding ew authority has been constituted by or under any Act or Ordinance now ext nded to that State, have effect ae 1 if i t were a reference to that new authority,. ,

i 6. Repeals and savings.-If immediate y before the appointed day, there

le in force in any Part B State any law f orresponding to any of the Acts or Ordinances now extended to that State, that law shall, save as otherwise expressly provided in -stand repe JG ~ 2 4

1

Provided that the repeal, shall not aff&t-- . f

(a) the previous operation of any /law so repealed or anything duly done or suffered thereunder, or

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

%, - t

Part B States [ACT 111

( b ) any right, privilege, acquired, accrued or incurred under any law so

(o) any pdnalty, forfeiture or l>i?\ishment incurred in respect of any osence committed against ally law so\ repeajled, or

- i (d) any investigation, legal proceeging or remedy in respect of any

such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; 'a,

- and any such investigation, legal proceedi + . ot remedy may be instituted, - continued or euforced, and ally such penalty, forfeiture or punishment may be

imposed as if this Act 11ad not been pussed:\ a

Provided further that, subject to the pre\eding proviso, dnything done or any hotion taken (including any appointmenttor -delegation .made, notification,

, order, instruct.ion or direction issued, rule, regblation, form, bye-law. or scheme framed, certificate obtained, patent, permit &r liceace granted or registration effected) under any such law shall be deemed t\ have beer1 done or taken under the corresponding provision of the Act or Ord$hance as now extended to $hat State, and shall continue to be in force a c ~ o r d i ~ ~ l ~ , u n l e s ~ and until superseded by anything done or any action taken under the said Act or Ordinance.

. $ 7. Power to remove difficulties.-(1) If any !difficulty arises in giving effeob - in any Part B State to the provisions of any &ct or Ordinance now extended

to that State, the Central Government may, b$ order notified in the O 5 c i d Gazette, make such provisions or give such d5rectiohs as appear to it to be necessary for the removal of the dif5culty. j

3

(2) In particular, and without prejudice ta khe generaliby of the foregoing power, any such notified order may- f

t (a)'specify the corresponding authoritjes within the meaning of

section 5 ; i i

(b) for the transfer of any rn h e r p ~ d ~ d & ~ before any court, tribunal or other authority, immediately baore the appointed day, to any corresponding court, tribunal or other authobty for disposal;

( 9 ) specify the areas or circurnst.ances i$ whicli, or the extent' to which or the conditions subject to which, allythin done or, any action taken (including any of the matters bpecified- in tde second proviso to fection 6) under any law rcpenkd by that s6btiori shqtl be recogniskd. or given effwt

; to under the corresponding Act or Oldinance as -now extended.

i 5 . .- . -- -

. . . .

, , THE S C H E D U L ~ f . .

(See section 3) t i

ACTS j The Caste Disabilities ~ e m d v a l Act, 1850 -

(XXI of 1860)j

Long title and preamble.-For "the territortes subject to the Government of the East India Company" substitute "India";.

Section 1.-For "tll'e territories subject to tbe Government of the East India Company" substitute "India" axid for "in the Courts of thc Easb lndia C o m p ~ n y and in the courts established by Royal Charbeer wit5in the said territories" aubstitute "in any court".

; i :'?

:I - - it .-

OF 19511 - . , After section 1, add the

~ c t may -be called the Cpste !

except the State of Jammu and I : I

. Henurnber seotior..~ as section 1A anh before s~c t ion l A , as so renumbered., insert the following, namely:- )

"1. 8hol.t title I Accidents Act, 1855. 1

(2) It extends to the i - I

Kashrnir: I' 1

(Act XLV bf 1660)'

Throughout the Code, unless otherwise expressly provided, for "the States': . ,;

, substitute "India". . -. - ' Preanrb1e.--Fer "thz whole of 1ndia.Iexcept P u t B s t a t e s " substituts "'India". i

. .&ctio~z 1.---F..>r"except Part B $t;$es" substitute "except the State ~f Jammu and l(-',ssiiruir''. f

Section '17.-Omit "Part A". i i For section 16, substitute :- !.

t '16. India.-"India" means the territory of India excluding the State of Jammu and I<Rshmjr.' i

j Section 75.-Omit, "or" at the end of -?lause (a) and omit clause (b). Section..l24..--For "Governor" where4er i t occurs substitute. "Governor or '

Rajpramukh". r i . . Soction 131.-In the Esplat~ation, f4 "the Indian Army Act, 1911'' and ''

"the Indian Air Force Act, 19321 subst$ute "the Ar.my Act, 1950" and '*$he ,Air F'orce A.ct, 1P50", . ressectively. I . - f

fieofion 139.-For "the Indian Arqg Act, 1911" mi3 "the Indian & Force Act, 1932" substitute "the Armyf Act, 1950" and "the Air Force A&, . l950 ", rtspt?ctivaly. E j

Section 216.--Omit "or under the Figitive Offenders Act, 1881".

Section 294A.-For "a lottery orgaQized by the Central -Government or the Government. ,of a - Part A State dr a. Part B State" substitute " a State

. .

lottery' ' . r i

Section 3665 .-After "any country [outsida India'' insert "or irom the &ate of Jammu and ICashmir" and om#t the, words beginning with "and whoever with such intent or knowledge" anp ending with "or by another person".

The Press and ~ e ~ i s t r a f i o n of Books Act, 1867

(XXV 4 1867) i

~ h r o u ~ h o u t the Act, unless atherwite expressly provided, for "the States" { substitute "India".

J A-2

1 6 ; 5, I k

3 ' 4 . Part B sDptes, (Laws) [ACT III cv \ \

Long title and preamble.-For "thelwhole of India except Par t B States" *$ substitute "India". I

i / Secticvz-1.-(1) After tlia definition of' "editor", insert :-

"India" means the territory of;India excluding the State of am mu' and ICashinir'.

(2) Omit the dsfinition of "States". \ i

Tlte Ilzdian ~ i v o r k e Act, 1869

Long title.-Omit "in India". Section 2.-For "except Par t B ~ ta te ; " substitute "except the State of

Jainmu and Xashmir". i $

Section 3.--(L) I n item (a) of clause (I), for "Part A State" substitute 'i'art A State or Part B State". ?

(2) In item (b), for "Ajmer" substitute! "Ajmer and Vindhya Pradesh". (3) After item (f), insert tlze following, bamely:-

I"(ff) in relation to Manipur and ~r !~ura , the High Court of Assam".

Ssction 17'A.-E'cr "The Stat6 Goverrim&at of any Stkte within xfiich any Righ Court established by Letters Patent exercises ~urisdiction" substitute "The Goverr~ment of the State within whickj any High Court exercises jurisdia- tion" and omit the second paragraph. L

I

Tlze Indian ~videyzc$ Act, 1872 9 t

(I of 187$

Throughout the Act, unless otherwise provided, for "the States" substitute "lndia".

i Section 1.-Fcr "except Par t B States"! substitute "except the State of

Jammu and ICashrnir". Section 3.-For the definitions of ' ' s t a te ( ' anti "States" s~tbs!itute:-

' "Iadia" means, the territory of InHia sxcluding the 'State of Jammu and ICashmir'.

, Bection 37.-For "an Act of the Legislatire i f a Part A State or a Pvrt C G t ~ t e " substitute "a State Act". i

kectvo?~ Y9.-For "in a Par t E State" s$bstitute "in the Stats of J a r n r ~ u ' snd Rashmir ". i

B e o f i o n 86,--(I) I n the first paragraph- ' (n) omit "a Par t B State or of "; '

jb) for "such Par t P, State or country" substitute "such country"; (c) for "that State or country" substitute "that country". -.

(2) In Bhe second paragraph, omit "a ParCu B State or" and for "in and for that l'art B State or country" substitute "in and for the country".

The Special Marriage Act, 1872

Bection 1.-Fcr "except Par% B States" zlubstitute "except t h e State o: Jzmmu and Kashmir ".

(IX of 18h)

Section 1.-For "except Part I3 State substitute "except the State of ammu and Kashmir". '1

Section 10.-For "Part A States and art C Stabs" substitute "India". f I i

The Indian Christian 4amiage Act, 1872 1 a (XV of 1672) 1

i Bection 1.-In sub-section (2), for ' ' ;ox~&~t Part B States" substitute

J r f 'except the States of Travancore-Dochin, panipur and Jammu and Kashmir". . . ' 6 . I , p - K L n C : C . . + ^ geYL..bdl ,LA.=& 1

- #sz a&-aG-J ' "India" means the territory cobprised in-tes to which this 1

Act extends'. e 1 i Section 5.-For "Part A States and Pqt .C States" substitute "India".

Section 27.-For "a Par t A State or a ;part#C State" substitute "India*'. i

I The Government savingl Bonks Act , 1873

i Section 1.-For "except Part B Statds" substitute "except the State of

ammu and Kushmir". i After section 1, insert the following as [section 2:- .

"2. Act not t o apply t o deposit$ in Anchal, Savings Bank.-ThiB Aat shall not apply to any deposits lllade in the Ailchal Savings Bank of the State of Travanoorc-Cochin, and, n{twithstrtnding anything contained - i ~ this Aot, any law in force in the sard State immediately before the commencement of the Part 13 States (Lads) Act, 1951, relating to such deposits, shall coztinue to apply thereto as if! that law had not been repealed."

i i

The Indian oaths Act , 1873

, (X of $73) Z

,Section 1.-For "except Part B Stabs" substitute "except the States of [anipur and Jamrnu and Kashmir". 2 ,

1

S e o t i o ~ 4.-In cla,use (2) of the provii;~, omit "in Part A States and l'art C ~tates".

\

he-~oteign Rec~uiting Act , 1874 i

(IV of 1874)

Long title, preanzble and section 3.-For "Part A States and Part C S'tatee'! itistitute_ "India' '.

Ssclion 1.-Omit "except Part B States".

The Indian Majority Act , 1875

(IX of 1875)

Pseambls and section 3.-For "Part A States and Part C States" substitute India ' ' .

-- - I -.&,&a 4 m- 17 IfBq/QcdL- cC

S e c f i o n l.-For "except Part es" substitute "except the Gtate of Jammu and Kashmir".

Sec t ion 4.-ln ~ ~ l h t r a t i o n s (a) ), for "a d~mici le in a Part h State or a Part C State" substitute "an 'domicile", and in all the Illustrations f.;r ''a Part A State or a Part C St ubstitute "India". -

I

Ssdion 1.--For "except P&rL 73 St4es" substitute "except the State of J emmll and Kashmir".

Sec~a ' (~ .n .~~~ . -Fo<< ,~~~ i$~$~~~? ,n ip r after by any High Court f ~ r Part A ~ ta te ' "Zbs t i tu te ' decided by any a Part A Statc or a Pa& '

B State".

Section 1.-For "except the State of Jamniu and I

2

Tlzs Ind ian ~ ? . r n I A c t , 18'98 (XI of 1478)

I

Sect ion I.-omit "except Part B ~ ta tb s" . - h Sec t ion 4.-In the definition of "military stores", for "the States" substi-

tute "India" and onlit the definition of 'fqtates". F

Sect ions 6 , 10, 27 a d 29.-For "the qtates" substitute "India".

Sect ion I 1 .-For "the States", where, they first occur, substilute ''lndiaVF and omit "or betwcon the States and any other part of India".

I Sec t ion 18.-For "Stateq"' substitute ':India".

The Legal ~ T a c t i t i d n e r s A&, A879 - (XVIII of;i 1.~79)

Sec t ion 1.-For "except Part B Sta$csJ' substitute "except the State of Jammu and Kashmir".

Sect ions 4 and 5.-FOP "Part A Stntgs and Part C states" substitute " ths territories to which this Act extends". . ,

\

Tlze Kaxis -4ct, 1880

(X4T of 1880)

Sect ion I,--For-"But the Government of any other Part A State or the Gov- ernment of a Part C State" substitute "But the Governmefit of any other State",

T h e Negotiable I n s t r u m e n t s A c t , 1881

(XXVI of 1881)

Sec t ion 1.-Fcr "except Part B States" substitute "ezcept the State of Jammu and Rashmir".

/ . 3

OF 1951] ' 7 19 Section 3.-For the

State of Jammu and Kashmir'. 4

?

Secfions 20; 136 a& 137.-For :/the StatesJ' sub,stitute "'~ndia.'.- -.

Section '75B.-dn the States" and "any of-the States!', sul;stitute "India.' '.

~ections 134 o ~ i d for "the States'' substitbte " lndia;"'

Section 137.-For "the State of Jammu a.nd Kashmiq' '.

The Indian hTI;~~sts Act, 1882

b (I1 f 1582) '

Section .I.-For "except Part B States" substitute "except $he State of Jammu a.nd I<ashm.ir": 1 . \ . .

Section 20.--(I) In blause: (d), for ./A& of the l~egis l~ turb of a Part A gtate?' substitute "State Act". f

(2) I n clause (e), f o ~ "a part A &ate or a Part C State'' substitute '(any part of tlze te~ritories to which this Abt extends ". . . Act, 1882. +

. .

Section 1.-In the Punjab or Delhi"-substitute "the said States". ,

-Sectioa:3.-In the definition of "rkgistered:', for "a Part A State or a art. C State" substitute "any Stat'e to which.'this Act- extends".,

Section 52.-For "within the linlit of Part A States and Part; C States" substitut:e "within tlze limits of India the Sta.te of Jxininu and Kashmir".

I - The Powers-ofiAtt~orney Act, 1882' .. - ..

(VI$ of 1882) f Sectioiz I .-%'or "except Part B iStates". substitute "except the State of

,Jammu and Kashmir ' '. 1 xplosives Act, 1684

Section 1.-In Part B States7'. .. .

Sections 4 and 5.-Por "Part A States and Part C States" substitut;e "India". . \ . f .

, - f he ~nd iun /~e le ,~raph Act, 1885

$111 of 1885). ( 'i - Section 1.-Omit ."&x&t the ktate of Hyderalad".

4 - , Section 3.-Omit clause. (8). ; Omit section 35: - 1

i Tho; Police Act, 1888

/ (111 of 1888) i .

Sectiqn 1.-For sub-section/ (a), substitute : - , .

"(2) If extends to t& whole of India except khhe Stdie of Jammu 1 and Kashmir, ancl to the ,extent to which jets provisions relate to the . -

Part B S t a t e s (,Laws) ' ,\ extension of t.he powers and jurisd of members of a police force belonging to any State to railway outside that State, it extends a190 to the 8late of Jainmu and Ra

Omit section 1A.

Throughout the Act, unless o for "the States" substitute "India".

Seot ion 1.-In sub-section ( tates" substitute "ex~ept the State of Jammu and Kashmir".

S e c t i o n $.-For clause (6), substitute :- 1 '(6) "India" means the territory of India, excluding the State of

Jammu and Kashmir.'

T h e -Cha~i tab le E n d o w m e n t s ct , - 1890 i. (VI .of 1690)

Sec t ion 1.-In sub-section (2), for "except Part B States" substitute "except the State of Jammu and Kashmir".

1 , T h e Guardians and W a r d s q c t , 1890

(VIII of 1890) 1 ' 8 e c t i o n Is.-In sub-section (2), Eor "except ;part B States" substitute

"except the State of Jammu and Kashmir". I Sec t ion 3.-For "Part A States and Part C st&es", wherg they first occur,

substitute "any State to which this Act extends" nd omit "established in Part A States and Part C States". +

Sec t ion 4.-Omit clause (7). "i 1 *

Omit section 5 . I t

Sec t ion 6.-Omit "who is not an European Br{kish subject". %

Sec t ion 11.-For "s Part A State or a parti C State" substitute "any State to which this Act extends". % 1

I Sec t ion 15.-Omit sub-sections (2) and (3). 1

3 Sec t ion 17.-Omit sub-s,ectioi? (4). : i

Sec t ion 19.-In clause (b) omit "subject to thk provisions of this Act with respect to European British subjects". I F

T h e Ind ian Rslilways A c t , '1890

(IX of 1890)

Sec t ion I .-In sub-section (2), omit "except the State of Hyderabad".

Sec t ion 47.-In sub-section (I), for "any State Government or the Govern- men+ of any Part B State" substitute "or a State Government".

Sect ion 59.-In sub-section (5), for "th'e Indian Territorial Force or of the Auxiliary Force, India" substitute "the Territorial Army or of the National Cadet Corps ".

Omit section 144. I .

I

\ y

. *-, , 5 , 2 1 0s 19511 Part -B 'States ( L a w s ) . ' +"A g

Section I .-In sub-section (a), for "$cePt Part B States" substitute "except the State of Jammu and lcajhrnir '.

The Partition t o t , 1893

(IV of 1 y 3 ) - \

Section 1.-In sub-section (2), for "dxcept Part B States" substitute "'except the State of Jammu and ~ashrni i" .

The Livestock Impor Ac t , 1898 - - 1

(IX of $98) 1 Section 1.-For sub-section (2) substit1te:-

I

"(2) I t exterids to all Part A stakes, Part C States and the Statee of Saurashtra and Travancore-Codhin. '' I 1

The Indian Tolls ( A m y an# Air Force) Ac t , 1901 I (I1 of l(01)

I

Section I.-~n sub-section (21, omit "+wept Part B Statesw. . '

Section 2.-(1) For clause (d), substitjte :-

'(d) the expression "the regular korces" means "the r.eegular Army" as defined in clause (xxi) of section $3 of the Army Act, 1950 (XLVI of 1950), and includes the "Air Force" bs defined in clause (iv) of section 4 of the Air Force Act, 1950 (XLV of jl950);'.

(a) In clause (f), for "the Auxiliary orce (India) or the Indian Territorial a I Force" substitute "the Territorial Army r the National Cadet Corps". I

(3) I n clause (g), for "Indian Regu ar Reserve of Officers" substitute "Regular Reserve of Officers". /

D Section 3.-(1) In clause (b), for "t e Auxiliary Force (India) or of the

Indian Territorial Force" substitute "t e Territoria.1 A m y or of the National Cadet Corps " .

l! I ! (2) For clause (d) (ii),_substitute:-

" (ii) the Territorial Army or t e National Cadet Corps". f ' (3) For "a Part A! State or a Part b StateJJ snbstitute "Indid"'

I I r !

The Ancient ~ o n u m e n f s Preservation A c t , 1904

(VII I f 1904) i

Section 1.-In sub-section (2), fbr "except Part B States" substitute "except the State of Jammu and ~akhmir" .

Saction 17.-For "the +erritories /or the time being comprised within Bart A States and Part C States" substitute "the territories to ~ which this Act

1 extends ". i

"- i

\ .I;: " 10 2 2 Par1 B X t a ~ s ( L a w s ) [ACT 111

T h a I n d i a n co in& A c i , 1906 (I11 of 1986)

S e c t i o n 1.-In sub-section (2), fof "eicept Par t B States" substitute "except the State of Jammu and ~ashmir". .

S e c t i o n 23.-For "the States" substitut$ "the territories to which this Acb extends ".

5

After section 23, insert the following, na@el,y : -

"24. Temporary provisions w i t h r h f p e c t t o certain P a ~ t ' B States ' coins.-Notwithstanding anything in sectpn 6 of the Part B States (Laws) Act, 1951, coins of such description as $ t the commencement of 'the said Act were in circulation as'legal tender id any P a t B S'tat,c shall continue to be legal tender in that State to the liQe extent and subject to the same conditions as immediately before the cotbmencement of the said Act for such period, not exceeding two years f r 4 n such commencement, as the Central Government may, by notification ig tlze Of%cial, Gazette, determine."

T h e Exp los ive ~ u b s t a n c & A c t , 1908 (VI of 1908)

Scc-tion 1.-In,sub-section (2), omit "ex$ept Par4 B .Statesn and for "wherever they may be" substitute "outside Zndia".

S e c t i o r ~ 4 . --For "e Part A or a Part State '? and "any sucll State" substitute "Inclia' ' . %

e

Tlze I n d i a n L i m i t a t i o n a c t , 1908 .

(IX of 1908) -- 3

Throughout the Act, unless otherwise expre$sly provided, for "the States" substitute "India". e - .

S e c t i o n 1 .-In sub-section (2), lor "except Pa r t B States" substitute "except the State of Jammu and Xashmir".

S e c t i o n 2.-(1) I n clause (6), for "any Par t $3 State" substitute "the State of Janimu and Xashmir". i

3 ?

(2) For clause (9A) substitute:-

'(9A) "India" means the territory of $ndia ' excluding the State of Jammu and ICashmir. ' i

After section 29, insert: - "30. Provis ion f o ~ S t a t e s for w h i c h t k e period prescribed i s shorter

t h a n t h a t p~.esc~dbed b y a n y l a w p~.eviozls ly$in force in a Part B State.- Notwithstanding anything herein contained,; any suit for which th,e period of limitation prescribed by this Act is shor tq~ .than the period of limitatien prescribed by any law corresponding to this Act in force in a Part B State which is repealed by the Part B States ' (Laws) A d , 1951, may be, instituted within the period of two years next, after the coming into force of tliis Act in that Part B State or within , the period prescribed for such suit by such corresponding law, whichever ' period expires - first."

Tlze I n d i a n Por t s A c t ; 1908

(XV of 1 9 0

Throughout the Act, 'unless otherwise expressly provided, for "the States" substitute "India".

S e c t i o n 3.-Omit clause (10.)

F*

.-- OF 19611 P a ~ t B (gt"&s (Laws) i:~" qf,% 23 11

The Indimi ~ e i i s t 6 l i o a Act, 1908 (XVI of 11908)

3

Throughout the Act, unless otherwisi expressly provided, for "the States" ,substitute "Iiidia". I

Section I .--For sub-section (2), subsdtute the following, namely : - "(2) It extends to the whole o[ India except the State 01 Jaminu and

Iiashinir : i I

Provided that, the State Government may cxclude any districts or tracts of country from- its operatio ." $

Section 2.-(1) After clause (6), ins&$: - - '(6A) "India" means the terfitorj. of India excluding the State of

Jammu and Kashmir ". s

(2) Omit clause (11). E Seztion 33.-(1) I n clause (b) of (I), for "resides in any other

part of the States" substit-ute of India in which this Act is not in force".

(2) After sub-section (I), insert t h follom7ing Explanation, namely :- 1 i

ans India, ,as defined 1897 ( X of 1897).' I

I 1

Section I.-In sub-section Part I3 States" substitute I "except the State of Jarninu

I Sectio?~ 35.-For sub-section (l), substitute :--- I "(1) The Central Goter may, for the whole or any part of the

4erritories to which this ,4ct s, and each State Government may, for the whola or any part 01 the , by no'cification in the Official Gazettp,

A

constitute an Advisory Board.

I Section 36A.-In sub-section ($),A r I (i) for "thirteen" substituie "twenty ";

1 (ii) for clause (b) substito(e :-

I "(b) one member t o c nomiiiated by the Government of each of the States to which this

Section 37.-For "the s for the tirne being comprised within Par6 A States and Part C y part of such territories" substitute "the whole or a,ny part of to which this Act extends".

I Tks Indian ~ n t j n t ~ and Designs Act, 1911

, k r ~ 1911) f

Section 2.-In clause (7)- / (i) in item (b), for " A j n ~ ~ r " substitute " ~ j r n e r and ?iridhSs ~:ad,esh";

(ii) in item (c), omit "aid Vindhya ~ r a d e s h " . Omit section 2A.. I

i

"" 24 rn

k .- , - 1p p&***>% -.

Part B Staleq\(Laws) .; -

4 After secticijl 79, inseit the follo&i:lg s section '80, namely :-

"80.- Repeals uru7 s6i7hys.-(l) f -immedi+tely before the 16th day of April,\ 1950, there was in force in z y Part State 'to which this Act \ extends :illy' lnm. coiresponding. th's Act, that corresponding law. shd l . be deemed to.havo been repealer1 on t e date a,foresaid: 14 Provided thnt tho repeal. sha;l not a, ect- , (r

(a) - ths prevjous operatior1 of a 'tg 12,w so repea1e.d or angthiug duly done or suffered thereunder, or "t

(b) ilni right, pri~~ilege, cjbligati liability tcquired, nccrued or incurredunder any law so repealed,

(c) an3 ~x;nalty,\ fcrfeiture or hment incurred in respect of any &fence comlnitted agajnrst. any

(d) any il:veit:igktion, legal pr any such right, y~tivilege, oblig$..ti punishinent as -aforesaid,

eind any siich i~l'i'e~tigation, legal proc continued or enforped, and any sucii p be imposed., as if this Act had not come cancel-ixed :

' , . ' Proviaed furthcr that, subjezt to or Fny action' iuke13, including any registration efiectetl under . any suc to have been dose pr taken updsr as now extended to that State 2nd unless and until supe~seded by my6 this Act.

(2) Nothing contained in,sectioil (5 of the ?art B fitates (1,sws) Act, :.,, 1961, shall ha+e effect ir: relationdo this Act. " 1 .

The Zndion Lunacy Act, 19'$2 8 ( IV of 1912) , ,

Throughout the Act, uilless otherwise expressly rovided, foe "the .States" substitute "lndia". - 4

't Section 1.-111 6u.h-section (2), for "except' Part, B Sthkes" ~ubst~i tute 'except the State of Jainrn~i and I<ashmir". i , .

- Sectitjn. 3.-(13 After clause (4) insert (4A) :- 6,

'(4A) "India" rneails the territory , of 1ndia\ex1uding the Stale of - Ja.mrnuandKashmir ' . \

(2) Omit clause (13). i

Sectiol~ 91.-111 clause (a) of sub-section (I), ornit; " or a ~ e i t A State". i The Olgicial Trustees Act, 1913t

i (I1 of 1913) , i r.

3 8actio.n I.-For "er:ccpt Phrt B States" substitute "except the State of

. Jammu and Kashmir'. i

Section 2.--(I) In clauso (19 for "l)nr? A State" suestitute ."'Part A State or a; Par t B 'State". . i

(2); I n clause (2)- ... (i) in iten1 (a;, for " P a r t A State" substitute; ':Pa,rt A State or a

Part I3 State" ;

< A

25 f

OF 19511 13

(ii) in iterr1 (b), for " ~ j m e r " s er and Viadhya Pradash'!;

-

"(h) 'in relation to Man ra, the High Court od Assam' .

\

Sectzon 1.--1= sub-sectlon (2 ) , States" substitute "bxcept the State of Jamniu and

Sectlojz $.-(I) For clause (3)

, '(3) "Government" or " State, the State Government'.

(2) I n clausa (12)-

(i) in item (a), for "P& State":

(ii) in item (b), for "Aj Vindhya Pradesh"; (iii) after item (g), insert :-

"(11) in relation e High Court of Assam".

Sectio~zs' 1:j and 16.-For ' (VIII of 1?11), or the Lndla~: Air Force Act, 193 "the Arhy and Aix Force (Disposal of Private Pr

Section 17.-(a) For "tjh "the Indian Air Force Act, 1932' , substitute posal 'of Private Property) Act, 1950 (XL of 1950)".

(b) For "an India11 colnmissioned offic r" and "Indian Air Forcen, substi.. tiita "a cqmmissionecl officer" and "Air orce", respectively. I Sect io~z 38.-For "a P a ~ t A or a Ear C; State" subst_itute "any State to which this Act extends", hnd for "India or in a Part B State:' ~ u b s t i $ ~ t ~ "India or in the State of Jam-mu and IZn hmir".

Section 57.--For "the territories com tiised within Part A States and Pad C' States", subbti4,ute "the tarritories to vhicli this Act extends".

Soctton 69A.-Omit sub-section (2). 1 TIze Indian

.... ! ;.?oughout the Act, unless othenvia expresslg provided, for "the States",

ssbsVLtute "lndia". L i

f s h'er;li'o,i. I.-TI, sub-pertion (3, $or except Part B St:,tes" .substitub 'except t8he State of Jammu and Kas mir."

, ' i Section 2 . 4 1 ) After clause (7), ia ert:- t

'(7A) "India" means the te itory of lndia excluding the State of Jsmmu and Kashmir.' i I

j i i ,

- P

14 ' Part B ~ t a f j e s (Laws)

(2) Omit clause (16A). \ . After sectlon 2A, insert : - t i ,

I "2B. P~ovisione as to compbmes regrstered in part B States belots

commencement of Part B States (Laws) Act, 1951.-Notwithstanding anything contained in this Act 01 in any other law for the time being in force, a company registered und$r any law corresponding to this Act ill forcs in a Part B State-immediately before the oommencemeut of the Part B States (Laws) Act, 1 9 a , ?hall be deemed for the purposes of this Act to be B company incorporatqd and registered under this Act:

Provided that the Cciltral C!?vernment may, by notification in the Official Gazette, except any company from any of the obligations imposed on companies by this for such period or periods not exceeding one year in the aggregate as

t . Section 144. -After sub-section (I), j~nsert : - "(2) Xotwithstanding anxthin$ contained in sub-section (1) but subjeat d to the provisions of rules made u *der sub-section (2A), the holder of a

certificate granted under a lam in &rce in the whole or any portion of a the Part B States companies in that

S-bate or any portion thereof to aot as lin auditor of campanies

.(2A) The Central Government in the bfficial' Gazette, make rules providing for renewal, suspension or cancella-

-tion of auditors' B States for the purposes of sub-section (2); and restrictions for such grant,

d

renewal, suspension i

Section 245.-After sub-section (I) , p t : - 'Ezp1anation.-In this. - sub-section "India" includes the S t n e of

- Jammu and Icashmir'. I The Destructive ~nsectb and Pests Act, 1914

f (11 of! 1914)

i Long title.--For "Part A States anb Part C States", substitute "India",

i

Prea~nble.--For "the territories combrised within Part A States and Part U [Jtates (hereinafter in t,his Act referreif to as the said territories)" mbgtitut+i "India". 2

Section 1.-Renumber section 1 as yb-section (1) of that section, nnd aft= sub-section (1) as so renumbered, insert!: -

"(2)' I t extends to the whole OF India except ths S t a t e of Jammu and Kasbmir."

Seclzo~z 2.-For clause (d), substitute : - '(d) "India" means the territoiy of lndia excluding the' State of

,Jarnuill and Iiashmg.'

Sectifin 3.-In sub-section (I), for "t-he said territories" substitute "India".

Section 4C.-(a) For "any Part B State" substitute "t8he Slate of Jammn and Kashmir".

(b) For "the said t8erritories", wherever they occur, aubstitute "India". -

*& 19511 ,

(c) For "such Part 53 9 ..iF Kg Section 5A.-For sul~stitute "from $ Lndict to the Stat(., of p: z:- Tlze Indran Cop$rig.ht Act, 1914 f $; g' - a, *

(131 o$ 1914)

Thloughout the-Act, unless otherwi4e expressly provided, for "the States" & substitute "lndia". I: t

Secfion 1.-In sub-section (2), for "e$cept Part B States" substitute "except R State of Jalnmu and Kashrnir:'. 3

I Section 2.-.(a) After clause (I), insprt : - '(1A) "India" means the terjitory of lndia excluding $be State-of

Jamem and Icashmir. ' i . ,

(b) ~ h t clause (3). i: . . . @<: . ?,> . .. ~

i%%. ;rlj he cin&natd$raph Act, 1918. ,,, . . 2. &*kL is% (11 & 1918) ,.P.

P'. >,ep, .**: s*.. w,: Section ?.--In sub-section (2), o 4 i t "Hydel.abad and". ,.a :.*;,-

The Charitable Re.gious Trusts Act, 1920 t &>, .. ,a*, ,CA. XI^ of 1920) -

b . .

Section I.-~n sub-section (2), f4r "except pa t t B StatesJ1 iubstituta "except the State of Jammu and Fashmir." .-

The Zrzdipn Red [ ~ s s Society Act, 1920

(x/Y of - 1920) , .

Section I .-For sub-section (2)/ substitute: - "(2) It extends to the the State of Jammu.

- . and Kashmir, and to the -matter in respect of which State, it extends also to

4, a> , The Indioh Passport Act, 1920

r - Section 1.-h sub-section the State of Eyderabed". 9mit section 6. i - i

t l'he- Maintenance: Orders Enforcement Act, 1921 I

d Throughout the Act, unl~ss~otherwise expressly provided, for "the Statepl'! substitute "India".

1,ong titla and prea,mble.- "Part A States and Part C States" .substi- Qute '.'Indiaw; and omit B States or".

Section 1.-In "except Part B States" substitute "except the State of

Seation 2.-(a? after the efinition of 'dependants:' insert:- f ' "India" iner,l,s tile t.etlitory of India uxcludilig the State of Jammu and Kashmir ;' ; i

(b) omit the definition of/ "States".

(1 'i!

' 1.m~ m 9 3 Section 3.-In of any Par$ B Gtate': ;i

and "or State". \

The lndian d P e s Act, 1923

(IV o\ 1923) . Section 1.-In. sub-section (2), for "except Part I3 States" eubstitute

"except the State of Iammu and Kaahm ". I i I Bection 3.-In clzuse (i), for "an A04 of the Legislature of a Part A state" 1

substitute "a State Act". I The Indian ~ o i l i r s Act, 192;

I

i i i

Section 1.--1n sub-section (2), Part B States" uiibstitute "except j the State of Jammu and Kashniir". !

Section 27A.-In sub-section (2),-- I

(a) for "tw&lve" substitute "nin een"; + (b) in clause-(b), for "of each art A State" substitute "of eacb

Part A State or Part B State".

I ~ ' I L I ? 'PCIo~krfi~n's Compeysation Ac t , 1923

(VIII of 1924)

b Section 2.-In sub-section (2), for "exce t Part B States" substitute "except the 'Stato of Jammu and I<a.shmir". B

Section 2.-In clause (i) of (I), for "Part A State" substitute "Pyrb A State or Part B State".

Section 15.-In sub-section "in I'art A ,States and Part C States".

Section 95.-In sub-section ( I ) , 1 (a) omit "to any Part B State $ry';

(b) for' "such State, part or c untuy" substitute "wich part or country"; . - 1

(c) for Part A State or Part C/State19 iri both the places where occur, substitute "any State"; and

(a) ornit "in any Part B State",. I

The l~tclian Cottoq~f Cesa A c t , 1923 1

(XTV of 11923)

Section 2.-In sub-section (2), for '!except I Par t B States" subst i tub I' except the State, of Jamrnu and Xashmi?".

s.ctiox 2.-Ia clause (e), for "the indian Factories Act, 1911' ' substitute "'the Factories Act, 1948".

I

Section, 3.-In sub-sections (1) and ,(a), for "territories comprised withi i Part A States and Part C States" substitut'e "territories to which this Act extends ".

Section 4.-In clause (i), for "Imperial Council of Agricultural Research's ~ubst i tute "lndjsn Council of Agricultural Research".

\- -Thi.6ugJfout the / &

rubstitute "India". i

I .

-- .

ession Act, 1926 r f . . - \ 1 , Throughout thz Act, \unless is3 expressly provided, 'for "the Stat&" . 2. ~bpt i tute "India". 4

Bection 2.-(a) aft 1.

I - *-$ '(&) "India': India excluding the ' strr&' , -\

Jammu and Kashmir;'; 'I ,

(b) for clause (g) substitute:- ] '"p '(g) "State" includes division ~f India having a oourj of the last ,

reaort ; '. .<; " * G 6

Bection 362.-For section 382 - j l

% ''382. Bffect of certifi r sztende by Indian ra&reseitt$ijds in foreign State and in casep,--W ere a certificate in the I

I form, M tsearly as c s u m it, bf 'Schedule VIfl has been graqkd i tb R resident within a far y ,the Indim represslltative ~ c r e d i w - i to thttt State or before th ent of the Part B - 8 t ~ t e (&ye):-&!i,

z* ?.P9&1,-to' a resident' wi%h$n te by a diatrict$dge of, th'&%' 68thte / I 1 er where a certificate so -has been extentled in such f ~ r i n ~ ~ ~ f f i @ ~

I .

; * : ;!< j-3 I j

1320 M, of Law. L I - *

a u*-__-> - -- -

T h e l n d i a n l 'rade

States" substitute ,, "except the State, of Jammu

,

I * ' " .&kctiort.l.~In States" substjijuttt "6xcept the'state

\

j. -

%ate of Jamniu

I

i - ( I 1 1 of 1930)

/ %

- Gection &--In sub-section (21, for "except Pa ubstitute "exwpl the s ta te of Jammu and Reshmir".

8,e~tion 3.-Omit "i T h e Ind idn i- 'artneyhiP ,'

5 . /,

'$?ctGn 1 .-Ip sub-siction. (2), ubstitute "eztcepCL @cS@te of J m m u L a n d Ka~hmir".

L> I

L - " --'. -.-

Ssctiort 1 .-In s es" substitute "ex- ept the Btate of J

T h e M o t o ~ ~ s A i o l a a Act, 1939

Throughout the Act, unless o ressly provided, for "the States': ubstitute "India".

Section 1 .-(a) In sub-secti xcept part B States" 'substituw 'except the State of Jammu an

(b) for sub-section (3), substitute :

"(3) Clzapter VII e effect in any Part B State to which this Act extends un Government, by notification in the Official Gazette, so di otwithstanding the repeal by section 6 of the Part B States 1951, of any law in force in that S t a b oorresponding to the les Act, 1939, the corresponding law, in

the insurance of motor v6hicles againnb ter VIII takes effect in that State, have

Section 2.-(a) After clause 9, in ert:-

'(9A) "India" means the te ritories to which this Act extends.'; t (b) omit clause (29A).

section 9.-(a) In sub-section for "in any Part B State", substitute "fin the S,hate of Jnrnmu &ad Xa

(b) in sub-section (4),- r

(i) for "any Part B St substitute "the State of ~ a ~ * r n n and Kashmir or a.ny" and

(ii) for "in any State" "in any such State" substitute "in t h e State".

Section 28.-(a) In (2), for "any Part B State" substitute "the State of Jamm.1 and Xashmir";

(b) in sub-section (5),- 1 (i) for "any Parb B St te or" substitute "the State of Jammu md

Rashmir or any" ; ! I I (ii) for "registration State" and "registration in any State" i eubstitute "registration t (iii) for "issued in "issued in the State"

(i) in clause (a), for Government of a Part A State" substitute !'a State Government" ;

(ii) in clause (h), "any Part B Stafe or" substitute "the State ol Jammu and Kashmir

. - - - -. r ., \,

34 .j

22 [AUT IU :I 41

ute the following :- i

P a 1

AS "Assam 1 *.

Bihar I BR Bombay 8 BM, BY Bladhya Pradesh 1

t CP, M F MD, MS Madras 9 !

Orissa \ O R i Punjab F PN \ . I !

UF, U 8 Uttar Pradesh \ %Test Bellgal WR, WG

, EfSderabad ! 3 HT, H Y

! Madhya Bharat I - MB

M ysore i MY :

Patiala and East Punjab States P U R J Rajasthan SS Gaurashtre

Travancore-Cochin TC Aj~ner i A J Bhopal 'i U S Bilaspur 1 I BL Coorg i CG Dolhi i DL

Hi~nachal Pradesh f HI. Kutch E K H Menipur f MN Tripura I TR Villdhya Pradesh Z

D V P f Andaman and Nicobar Islarids AN"

The lndian lVaval Reserve POT es (Discipttne) Act , 1939 d (Governor-GeneFal's Act)

%

Section 1.-In sub-section ( 2 ) , omit "Fcept Part 3 Slates".

The ~tondo;de of 1qeight Act. 1939

(IX of 6939) I

Section -1.-1111 sub-section (2): fcir ?except I'a~:t 1'3 States" slihstitute "except Llre State of Jammu and ~<ashrn$".

Gection 4.--ln sub-sectian (3), omit "part B State or": r

Tile Hegistrution of B/oreiqner.9 Act. 1939

(XVI 01 1939)

Sectioiz 1.-In sub-section ( 2 ) , omit "except the State of Hgderabad".

Section 2.-Omit clause (aa).

Omit section 9. !

S e c t i o ~ ~ I.-For "except Yart I3 Stat s and the States of", substitute "except the State of Jammu and Kashmir \ ".

Section 3.-In sub-section (3), for "in t territories for the time being ~ 0 ~ 5 -

prised in Part A States and Part C: States ubstitute "the territories to whioh this Act extends".

section 6.-For "imported into the said erritories from any foreign country or brought into the said territories from a r t B State" substitute "imported &to the said territories from'any place outsi * e the said territories".

T h e T i d e Marks ct , 1940 ti ( V of 1940

Throughout the Act, unless otherwise ex provided, for "the Staten" eubstitute "India".

s ~ c f , ~ o , c 1.-For " r s c r l~ t Par t H States" substitute "except the State of Jammu and Kashmir". 1

Section 2.-(a) for clause (d) substitute : !-- 1 ' (d) " High Court" means- I (i) ill relat~on to a Part A State or! a Par t B State, the High Court

for that State; 1 (ii) in relatioi~ to Ajnicr :ul~cl \;inrll,)~a l'radesll, tlie High Court :IG

Allahabad ; f (iii) iu relation to Ehopal, tha Hi (iv) in rclr\tion to Bilaspur, Del

Court of Punjnb ; (v) iu relation to Coorg, the Righ (vi) in relation to ICutch, the H (vii) in relation to Mnnipur and (viiii in relatioil to the Sndama

a t C a l c u t t ~ ;

(dd) "Inr'ia" ~rleans the territory f India ekcluding the State ot J ammu and Kashmir;';

(b) omit clause (kk). Section 10.-E'er "and either already o the register or already registered

in any Part B State to which section 82A fa' the time being applies" substitute "and already on the register". f

Section 19.-~mit "under this -\ct or &om the register of trade marks lo any Yart B State to which section 82A forfthe time beirg xpp!iesM. - Sectiori 21.-Omit sub-section (2). 1

Section 22.-In sub-section (3), omit or in any Part B State to whit& rection 82A for the time being applies". 1

Bsction 23,-Omit "or in aug Part B/ State to which section 82A for the tlme being applies ".

Section 46.-Omit- the Explanatio~t sub-section (2). I

Bection 57.-Omit rub-section (2). j I

\ 4 1 1 " 5

$ '! P a ~ t B #fate! (Lawn) [ACT IW /_

Bection 58.-In sub-section (3), omit "or in any Part B State to whiob eeotion 82A for the time being applies"%

Heotion 68.-(a) in clauses (a) and c) of sub-section (3), omit "a Part B 8ta te or of"; t

(b) in sub-section (4), omit clause (bj. F I

Omit section 82-A. I . Section 84.-ln clause (11) of sub-spct~on (2), omit "entered into with B

P m t B ~j.tate". !i J

The Arbitratio$, Act , 1040

( X of \940)

Sectton I.-ln sub-section (a), for 'bxcept P*rt B States" substituse "except the State of Jammu and I(ashrni2".

i The Drugs 4 c t , 1940

(XXIII 04 1940) f

Throughout the Act, unless otherwise$expressly provided, for "the State$" substitute "India". 5

f Section 1.-ln sub-section (2), for "ex ept Part B States" substitute "ex-

cept the State of Jammu and Kashmir". 1 i

Sectzon 3.-(1) After clause (b), inselit : - i '(bb) "India" means the territ,or~! of India excluding the State oQ

Jammu and Kashmir'. (2) Omit clause (f). i

i I

Tho Agricultural Produ$e C ~ S O Act. 1940 F:

(XXVII of $940) f

Section 1.-In sub-section (2), for "Iexoept Part B States" substitute "except the State of Jammu and ICashmit".

Section 3.-In sub-section (I), for "th:e territories for the time being comprised within Part A States and Part C Btates" substitute "the territoriee to which this Act extends". f

i The Mines Maternity ; ~ e n e f i t Aot, 1941

(XIX of i941) I

Section I.--In sub-section (2), for "kxoept Part B States" substitute "except the State of Jammu and Kashmit".

The Railways (Local ~ u t h o $ i e s ' Taza*tion) Ac t , 1941

(XXV oh 1941)

Long title and preamble.-For "Part iA State" substitute "Skate".

Scction 1.-In sub-section (2), for "hxcept Part B States" substitute "ex- ''

oept the State of Jammu and Kashmir'j.

The Coffee Market Eppansion Act , 1942

(TTII of : 1942) -.

Throughout the Act, unless otherniise expressly provicl?d, for "the States" au%stitute "India".

i

% " - -

s e c t i o n I.-Izi sub-section rt B States" substitute :?except the State of Jammu

section 3.-(a) after olau

'(El "India" ineang excluding the State of Jammu and Kashmir;';

(b) omit clause (11).

s e c t i o n 2u.-For "to a "to the State of Jammu (

and Kashmir".

B States" substitut,e

Sec t ion I .-In s States" substitute

ed, for "the States"

Bsction 1 .-In

section 2.-Omit clause (c).

f

7- - -. - - - - . " , ~-- ." . - i- - .?\.-- -->. ..----.. - --Cr-.l i

1

" The Industria I

#sotion 1.-'For "ex

.

t .-.- .- i I

-7---v- "7- "-------- --v-T--m ---- -a?---- - - - --- -- --* -? -,-- ----- - -- -

- OP 19613 1-1

I I

< \

(h) omit clause (k). 1 *

Sect ina 1.-In sub-\ection ( "except the State of o'a~nmu alld

Sect ion !?.-In clanse (bj, for ' erritories conlprised in Part -4 St<itat,es and Phrt C; States" substitute "the this Act extends.pA

I

Sec t ion 1 .-In sub-section except Part B States" substitute "except the State of Jammu a

Sec t iou 3.-In sub-section substituie "the tel.rltories to

Tlze Dock W o r k e r s

i - Pectiolt 1.--In sub-section

oept the Stat2 of Jammu an

i I

Sectiott 1.-In sub-c ' $he State of Jam12111

/ 1 i

Energy A c t . 1948 i - 3

i j - Bection 1 . I n sub ee i

''except the State of J a r i 1 : - I

*I Sect ion 1 .-h sub I

I

I LA-

1 -,

,- "---"- - --- . - --, -- --- A- - - - - -- - -7 - -- - - - --------,---r-, "- I I

Par t B 8Lai.e~ .(L [ACT -IIJ ,

'I'lze Afikzos arrd ? ! t r~e~ ,a l s ( R e g u l sve lopment ) A c t , 1848

- fieciton. 1.-111 sub sectioi: (2 he States of IIyderabilsed,

Jammu 'cl<ashmir, Mysore a in" substitute "except the State of Jammu and 1i:~r;hrnir".

'8

(LdV of 19

Seciio7z 1.-ln sub States" substitute "except the State of J

~hro&hout the Ac VIII of 1911)" substitute, "the .Army Act,, 1950 (XLVI of 1950)"

S e c t i o n 1.-In sub

S e c t i o n I.-111 su

Sec t ion 1.-lu su

. - S'ection 3.-In s

and Kashinir, Mys Jammu and Iiashinir".

' S e c t i c n 1 .-In

the States of Hyderabad, Jammu ' substitute "except the State of .

Jammu and Xashmir".

(XXXVTIT o 1949)

1 -

sec t ion 1.-Iu sub-section (2 ) , for "exc pt the States of Hyderabad, Jampa d iias!lmir, Mysoye and Travglco~-e-Coc in" substitute "except the 'State of mmu cmd K~sfimir ' , . - - -

/ .'The i l a n l n g Companies (Legal ~ ~ a c t i t i o n b ' Clients' Accounts) Act , 1949

Section 1.-Iq sub-section (2), for "e ept the States of Hyderabad, and Jemmu and Xashmir" substitute "except State of Jammu and Icashmir".

The Ind.ustrial Disputes (Banking and Companies) Act , 1949

Brzctio?z t . ~ - I r l sub-section. B Stztes" subsbit1.lte "ex- ipt the State of Jammu and

1 "~ l'hc Ezp lo i ves ( ~ e m ~ o r a d ~rdv i r ions ) Act , 1949 (LV of 949)

Sectioar 1.-In sub-section ( 2 ) , omit ' 1 except the State of 'JTyderabad". i

I " The Central R ~ s c r v e Poiice Force Ar t . 1949 I

I ! (LXVI 06 1949) I 1

Section 1.-In sub-section (2) , omit 'except the State of IEIyderabad". I ,

The Criminal Law ~rnedprnen t Ordinawe, 1044

Sec;tiorz I.-For sub section (2) "(2) It extends to the the State of J a n ~ m u and

ICnshmir. and applies also

(IV /f 1940) I

Section 1.-In sub-eection (29, fol "except Part B States" substitute :'except the Stata of Jammu and ~(akhmir".

I

Sectioiz 2.-For "tl?e tenitol.ies the time being compl-ised within Part A States and Part C Status" "the territories to which this Ordirlaiice pxtends".

After section 2 , insert the follow' g, namely :-- 6 wi th respect t o Hyderabail one-rupee

contained in section 6 of the Part B the denominational value of one rupee

said Act were in circulatioil as legal be legal tender in that

s ame c~ndit~ions, as iniinediately and for such period, not exceed-

Government may,

i .- - . ,

e?

[ACT III OF 195

rs) Ordinanoe, 1942

I Beotion 1.-In sub-section (2), omit: "except Pmt B States".

l'he Intarnotional Monetary Ifund and Bank Ordinance, 1946 I

(XI,$II of 1945) ; d

'Section 1.-In sub-section (2), oytt "except Py t B States". i 1

Bsction 5.-For "Part A States &td Part C States" substitute "IndSab". I

Z The Criminal Law A$tendment Ordinance, 1946

E Bection 1.-For sub-section (2) s6bstituie : - I

$ G

" (2) It extends to the wholb of India except the State of Jammu and '

Eashmir, and applies also to citjzens of India outside Indid."

THE PREVENTIVE D E T E N T I O N (AMENDMENT):

ACT, 1951

No. IV OF 1951

An Act further to amend the Preventive Deten'tion Act, 195@ [22nd February, 19515

B E it enacted by Parliament as follows:-

1. Short title.-This Act may be called the' Preventive Detention (Amendment) Act, 1951.

2. Amendment of section 1, Act IV of 1950.-In sub-section (3) of section 1 of the Preventive Detention Act, 1950 (hereinafter referred to as the said Act), for the figures "1951" the figures "1952" shall be substituted.

3. Amendment of section 2, Act IV of 1950.-In section 2 of the said Act,-

(a) the word "and" at the end of clause (a) shall be omitted,

(b) at the end of clause (b) a semicolon and the word "and" shall be added, and

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

'(c) "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 State Government or as respects a person detained under such order, the State Government.'

4. Amendment of section 3, Act IV of 1950.-In sub-section '(2). of section 3 9f the said Act, for clauses (c), (d) and (e), the following clauses shall be substituted, namely :-

"(c) the Commissioner of Police for Bombay, Calcutta,? Madras or Ryderabad,

(d) Collectors in the State of Hyderabad," I

Price anna 1 or l&d .

2 Preventive Detention (Amendment) LACT IV - 5. Insertion of new section 3A in Act HV of 1950.-After section 3

,of the said Act, the following section shall be inserted, namely:-

"3A. Execution of detention orders.-A detention order may be executed at any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1898 (Act V of 1898)."

6. Substitution of new sections for sections 4 and 5, Act IV of 1950. -For sections 4 and 5 of the said Act, the following sections shall, 8 e substituted, namely : -

"4. Power to regulate place and conditions of detention.- Every person ifi respect of whom a detention order has been made shall be liable-

(a) to be detained in such place and under such conditions, including conditions as to maintenance, discipline and punishment for breaches of discipline, as the 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 Govem- ment under clause (b) for the removal of a person from one State to another State except with the consent of the Gov- ernment of that other State.

5. Detention orders not to be invalid or inoperative on certain grounds.-No detentron order shall be invalid or inoperative .merely by reason-

(a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the Government or officer making the order, or

(b) that the place of detention of such person is outside the said limits."

'I. Amendment of section 7, Act IV of 195Q,-In sub-section $1) of section 7 of the said Act, for the words "against the order, i s a case where such order has been made by the Central Government, -to that Government and in a case where i t has begzn made by a State Government or an oscer subordinate thereto to the State Govern- ment" the words "against the order to the appropriate Government" shall be substituted.

8. Amendrnerzt of section 8, Act IV of 1950.-In section 8 of the -said Act,-

(i) in sub-section (2), for the word "two" the word "th~ee" shall be substituted; and

(ii) to sub-section (2), the following proviso shall be added, ~ a m e l y : -

"Provided that where, immediately before the commencement of the Preventive Detention (Amendment) Act, 1951, any reference under section 9 is pending before an Advisory

Preventive Detention (Amendment) S

Board, such Board may, for the purpose of disposing of that reference only, consist of two persons."

9. Substitution of new section for section 9,- Act HV of 1950.-For section 9 of the said Act, the following section shall be substituted,

"9. Reference to Advisory Boards.-(I) In every case where a detention order has been made under this Act, the appropriate Government shall, within six weeks from the date specified in sub-section (2) place before an Advisory Board constituted by i t under section 8 the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in case where the order has been made by an officer, also the report made by such officer under sub-section (3) of section 3.

(2) The date referred to in sub-section (1) shall be- (a) in every case where at the cominencement of the

Preventive Detention (Amendment) Act, 1951, the pQson is under detention in pursuance of a detention order-made under sub-clause (i) or sub-clause (ii) of clause (a) of sub- section (1) of section 3, the date of commencement of the said Act; and

(b) in every other case the date of detention under t h i

10. Amendment of section 10, Act HV of 1950.-In section 10 of the

(i) for sub-section (I), the following sub-section shall be substituted, namely : -

"(1) Th'e 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 the person concerned, and, if in any par'iicular case it considers it essential, after hearing him in person, submit its report to the appropriate Government within ten weeks from the date specified in sub-section (2) of section 9.";

(ii) after sub-section (2), the following sub-section shall be inserted, namely : -

"(2A) 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."

- 11.-Substitution of new sections for sections 11 and 12, Act IV of 1350.-For sections 11 and 12 of the said Act, the following sections shall be substituted, namely : -

"11. Action upon the report of Advisor?/ Board.-(I) In any case where the Advisory Board has reported that there is in its opinion sufficient cause for the detention of a person, the appropriate Government may confirm the detention order and continue the detention of the person conc'erned for such period as it thinks at.

4 Preventive Detent ion ( A m e n d m e n t ) [ACT IV OF 19517

(2) In any case where the Advisory Board has reported that there is in its opinion no suffikient cause for the detention of the person concerned, the appropriate Government shall revoke the detention order and "cause the person to be released forthwith.

12. Validity and duration of detention in certain cases.-For the avoidance of doubt it is hereby declared that- ,

(a) every detention order in force at the commencement of the Preventive Detention (Amendment) Act, 1951 shall continue in force and shall have effect as if i.b had been made under this Act as amended by the Preventive Deten- tion (Amendment) Act, 1951; and

(b) nothing contained in sub-section (3) of section 1 or - sub-section (I) of section 12 of this Act as originally enacted shall be deemed to affect the validity or duration of any such order."

12. Insertion of new section 14 in Act IV of 1958.-After section 13 of the said Act, the following section shall be inserted, namely:- -

"14. Temporary release of persons detained.-(1) The appro- I priate Government may at any time direct that any person

detained in pursuance of a detection order may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may at any time cancel his release.

(2) In diqecting the release of any person under sub-section (I), the appropriate Go~ernment may require him to enter into a bond with or without sureties for the due observance of the conditions specified in the direction.

(3) Any person released under sub-section (I) shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be.

(4) If any person fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.

(5) If any person released under sub-section (I) fajls 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."

13. Repeal of Act XLVIII of 1949.-The Transfer of Detained Pe~sons Act, 1949, is hereby repealed.

i -

- 1 i I -THE E MPLOYERS'LEIABILITY (AMENDMENT) ACT, 1951 i j

No. V OP 1951

An Act furthor to a!,icnd tho Employers' Liability Act, 1938. ! [28th February, 1951 j ;

BE it enacted by parliament as follows:- 1. Short title.-This Act may be called the Employers' Liability (Amend-

I ment) Act, 1951. I

2. Amendment of section 3, Act XXIV of 1938.-For clause (d) of section 3 of the Employers' Liability Act, 1938, the following clause shall be substituted, namely :-

"(a) by reasoo of the act or omission of any person in the service of the employer done or made-

(i) in the normal performance of the duties of that person; or (ii) in obedience to any rule or bye-law of the employer (not being

a rule or bye-law which is required by or under any law for the time being in force to be approved by any authority and which has been so approved) ; or

(iii) in obedience to particular instructions given by any other person to whom the employer has delegated authority in that behalf ;'!.

3. Insertion of new section 38 , Act XXIV of 1938.-After section 3 of the said Act, the following section shall be inserted, namely:-

" 3A. Contracting out .-Any provision contained in a dontract nt'

service or apprenticeship, or in an agreement collateral thereto, shall be void in so far as it would have t.he effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the negligence of persons in common employment with him."

Price anna 1 or l i d . QIPD-81-1~Q M of La w-2 1-14-5.-4,000.

: , ,?l I 2 & . 49 -

v.; 1 ..

THE APPROPRIATION (RAILWAYS) ACT, 1951.

No. VI os I951

11 1 Appropriation to Depreciation Fund ( 13,00,00,000 1 . . 1 13,00,00,000 1

Price anna 1 or l$d.

An Act t o authorise payment and appropriation of certain further B u m s from and out of the Consolidated Fund of India for the service of the year ending on the 31st day of March, 1951 for the purposes of railways.

[liE-Marqh, 1953 1 )B E it enacted by Parliament as follows:-

I. Shmt title.-This Act may be called the Appropriation (Railways) Act, 1951.

2. Issue of Rs. 24,16,57,008 out cvf the Consolidated Fund of India for the year 1950-51.-From and out of the C'olnsolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of twenty-four crores, sixteen lakhs and fifty-seven thousand rupees towards defraying the several charges which will come in course of payment during the year ending on the 31st day of March, 1951, in respect of the services relating to railways specified in column 2 of the Schedule.

3. 18ppmpPiatitm.-The sums authorised to be paid and applied from and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the year ending on the 31st day of March, 1951.

SCHEDULE ,

(See sections 2 and 3)

1 - No. of

Vote

4

6

6

7

8

2 --

Services and purposee

--- - Working Expenses-

Administration . Working Expense*

Repairs and Maintenance . . Workiag Expensee-

Operating St& . . Working Expense-

Operation (Fuel) . Working Expenses- .

Operation (other than st& anh

3 - P

Sums not exceeding

I Fuel) . 0 Working Expense*

Mi~cellaneous Expenses .

Total

-- Rs.

20,00,000

1,04,53,000

46,30,000

23,+2,03)

37,63,000

39,59,000

PP -- Charged

by Parlia- on the 1 Conw!idated rnent Fund

RE.

20,00,000

1,04,53,000

46,30,000

23,42,000

37,63,000

39,59,000

Rs.

. .

. .

. .

. . . . . .

2 Appropriation (Rni1,u~ags) [ACT VI. OF lml]

No. of

Vote Services and purposes

Sums not exceeding - Voted Charged

by Parlia- on the ment Consolidated 1 .Fund 1

RE. 14 Appropriation to Revenue Reserve

Fund . . 2,23,56,000 . . 16 Open Line Works-

Additions . . . 17 Open Line Works- . 4,21,04,000 . .

vmues . 71,154,000 . . GRAND TOTAL . 24,16,57,000 . .

--- Re.

2,23,56,000

1,28,9~,000

4,21,04,000

71,54,000

24,16,57,000'

THE APPROPRIATION ACT, 1961

- No. VII OF 1951

I

An Act to authorise payment and appro~riation of certain further sums from and out of the Consolidated Fund of India for the service of the year ending on the 31st day of March, 1951

r l s t M a ~ c h , 19511

B E it enacted by Earliament as follows :-

1. Short title.--This Act may be called the Appropriahion Act, 1951.

2. Issue of Rs. 33,18,05,000 out d the Consolidated Fund of India for the year 1950i51.-From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of -the Schedule amounting in the aggregate to-the sum of thirty-three crores, .eighteen lakhs and five thousand rupees towards defraying the se<eral ,

'charges which will come in course of payment during the year ending on the 31st day of March, 1951, in respect of the services speczed-in column 2 of -the Schedule.

. .

3. Appropriation.-The sums authorised to be paid a.nd applied from .and out of the Consolidated Fund of India by this Act Eftall be appropriated

- -for the services and purposes expressed in the Schedule in relation to the q

year ending on the 31st day of March, 1951.

F Price anna 1 or l4d.

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

-* . - I ) -i 5 2 '-,

''La: +I_,

-2 Appropriation \ - ,[ACT -JIB

SCHEDULB

(80s sections 2 and 3)

2 21 - 1 2. 1 Services and purposes

3 -- Sums not erceading

Vote

11

13

16

17

19

20

24

29

35

37

38

Voted by

Parliament

Rs. 77,000

16,53,000

75,000

2,61,000

------ Ministry of Home Affairs. . Ministry of Law . . . Ministry of Agriculture . Ministry of External AEairs . Ministry of Commerce . Ministry of Labour . . Ministry of Food . . . Payments to other Governments, Depart-

ments, etc., on account of the administration of Agency Subjects and Manage- ment of Treasuries.

Lighthouses and Lightships . . Tribal Areas . . External Affairs . .

39 Sun-ey of India . 48 Education . 61 Agriculture . - . . . 53 Industries and Supplies . . . 62 Joint Stoclr Companies ,

63 Indian Dairy Department . . 64 Miscellaneous Departments . . . 70 Territorial and Political Pensions ,

71 Superannuation Allowances and Pensions . 72 Stationery and Printing . . 73 Miscellaneous . . 74 Expenditure on Displaced Persons . . a 79 Grants-in-aid to States . .

I 80A Extraordinary payments , .

81 Resettlement and Development . . 83 Pre-partition payments . . , .

Charged on the Gonsoli-

dated Fund.

Rs. . . . . . . . .

Total

Rs. 77,000

16,53,000

76,000

2,61,000

3,66,000

l,a6,000

1,000

17,000

56,000

24,07,00O

16,09,000

1,000

1,80,000

1,000

1,000

67,000

26,000

24,06,000

1,48,000

11.67,OOU

43,17.000

14,82,23,000

26,61,000

30,71,000

1 0 , 0 0 , 0 ~

23,08,000

2,64,00,000

3,66,000 / . . 1,26,000 I ! . .

1,000 1 . , I

17,000 j . . I

1

56,000

24,07,000

16,09,000

1,000

l,SO,OOO

1,000

1,000

67,000

26,000

24,06,000

1,48,000

14,67,000

43,17,000

14,62,23,000

26,51,000

30,71,000

10,00,000

23,08,000

2,63;25,000

. .

. .

. .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75,000

r . - t

, Appmplz'ation

Services and purposes

. . .

Staff. Household and Allowances of th President .

8,00,00,000 8,00,00,000

Repayment of Debt . . 1,89,91,000 1,89,91,000

GRAND TOTAL . 23,27,32,000 ( 9,90,73,000 33,18,05,00@-

<g ,d

. - 55 g

r . f

1 AP]PROPRIATION (RAILWAYS) No. 2 ACT, 1951 J - t

No. VIII OF 1951 4 5

- 4 ..n A C ~ to authorise payment and approp~ia,'cion of certain su::n3 1

from .snd out af bhe Consolidated. ~i'uhd of Ilzdia fof the service of the year ending on the 31st day of March, 1952, for the pnrposes of railways,

r15th arch, 19511 BE it en2,cted by Perliemeat as follows:- - - -

1. Short title.--'rhis' Act may be called *he Appropriz,i;ion (R+ilways) No. 2 ' '

' - I i 8. bsue of I$. 348,28,35,000 out of the @onso~idated Fund 0 1 India lor Ihs . ,i

i b ~ l9M-B%.--Yron? r,nd out of the Consolid~~ted Yznd of India there may be paid I

~d applied sums not exceedins tlzose slpecified iri co11.1mn 3 of the Schedule .

nountil29 in the :3,.,::%reg3,te .b? 573e s u : ~ ~ of three hundpecl and forty-six crores, . . 7e;lty-eight lachs a,nd thirty-five thousmd rupees towards defraying the severa,l j .arges which will come in course of pz5y%enttdnrinn; the ye:v e~dii ig on the 31st ;y of M~,rcE1, I9.52, in respect of the services relzting to railways speoh5ed in

a ' Iumn 2 of the Schednle.

3. Apprapriaklsn.-The sqms ?iiuthorised to be paid slid applied from iizld out the Coqsolidcked Fund of Iil,dia by this Act shall be 8,ppropriated for the services td pu-poses expressed in the Schedu!e ln relatiox1 to the year end??% on ihe 31st

I

.y of March, 1952.

I SCHEDULE

(See sections 2 and 3).

- .__-__- _-__I_ I Same not exceeding

I Railway Board . - 30,QO,OOO 30,90,000

: - Audit . 30.84,OOO

Misoellaneous Expenditure . . . 77,84,000 77,84,000

1 Working E~penqce-Administration . . 24,23,71,000 24,23,71,000

0.

te

Worliing Expense. - Repairs nnd p i n t e n - 1 anre.

Scrvices and purposes - Voted Charged . I

by Parlia- on the

/ Working Expenses-Operating Staff . . . 38,36,16,000 I i , Working Expenses-Operation (Fuel) . 30,66,20,000

- -- - !

\

C

~ p ~ r o ~ r i a t i o n (Railways) NO, 2 [ACT VIII OF 19511

No. of

Votc

I I 2 3

--- Sums not exceeding

Xs. Rs . Rs. 8 Working Expenses-Operation (other 1 h t3nr

Staff and Fuel) . . . ~12.61.04~000 j . . JU.‘37,04,000


- - - - I - - - - -

Voted on the

, ment

, 10 ( Payments t o Indian Stattea & Companies . 1 29,98,000 1 . . 1 29,98,000

Exppnses-Miscellaneous Expenses.

$xpemes-~abour Welfare . 1?,79,66,000

3,39,96,000

1 2 ~ 1 Ope6 Line Works (Revenue) Labour ~ e l f a r i [ 2,28,04,000 \ . . 1 2,28,04,000

I 11 Working Expenses-Appropriation to Depre- I 1

oiation Fund. . 130.00,0~~?~0 I . .

1 2 ~ 1 Open L i e ~ o i k s (Revenue) Other than Labour Welfare.

13 Appropriation to Development Fund

14 Appropriation to Revenue Reserve Fund . 15 Construction of new lines.

16 Open Line Works-Additions . I

30,00,00,000

Open Line Works-Replacements. . 40.24.93,OOO . . Open Line Works-Development Fund. . 8,28,68,000 . . Capital Outlay on Vizagapatam Port . . 16,30,000 . . Dividend payable to General Revenues . 33,37,61,000 . .

,

GBAND TOTAL . 3,46,28,36,000 I

THE REQUISITIONED L A N ~ ~ (C,ONTTNUANCE OE' POWERS) AMENDMENT ACT, 1951.

No. IX OF 1951. I t 1

An Act further to amend the liequisitioned Land (ContinuanceA of Powers) Act, 1947

[2lst M a r c h , 19511 I BE it. e i ~ a ~ t e ~ . by Parliament as follows:-

1. Short title.-This Act may be called the Reqiiisitioned Land (Continuance of Powers) Amendment Act, 1951.

2. Amendment of section 1, Act XVII of 1947.-For sub-section (3) of secticn 1 of the Req!iisitioned Land (Continuance of Powers) Act, 1947, the , following sub-ssction shall be substituted, namely:-

"(3) I t shall cease to have effkct in Par t C States on the 1st day of April, 1952, and in Par t A States-

* (a) as respects the requisitioned lands which, a t the commencement of the Requisitioned Land (Continuance of Powers), Amendment Act, 1951, are subject to requisition by or under the. authority of the Central Government, on the 1st day of Aprii, 1952, and

( b ) as respects other requisitioned lands, on the 1st day of' April, 1951,

except as respects things done or omitted to be done before such cesser of operation cf this Act, and scct'ion 6 of the General Clauses Act, 1897 (X of 1897) shall apply upon such cesser of operation as if i t ha& then been repealed by a Central Act." -

Price anna 1 or l&d. GIPD -S1-1481 M of L~w-21-11 51 -,4030.

THE D E L H I AND AJMER-MERWARA R E N T CONTROL (AMENDT\IXNT) ACT, 1951

No. X OF 1951

An Act further to amend the Delhi and Ajmer-Merwara Rent Control Act, 1947.

L2lst M a r c h . 1'3511

BE it enacted by Parliament as follows :-

1, Short title.-This Act may be called the Delhi and Ajiner-R'Ierwars Rent control (Amendment)^ Act, 1951.'

2. Amendment of section 1, Act XLX of 1947.-In sub-section (3) of section 1 of the Delhi and Ajmer-Mermrara Rent Control Act, 1947,-

I I -fi) for the words "for a period of two years" the words "for a period

of six years from that date" shall be substituted;

(ii) the first proviso shall be omitted; and

'(iii) in the second proviso, the word "further" shall be omitted and after the word "areas" the words "or with regard to such classes of construction"

I ahall be inserted.

3

THE TAXATION ON INCO&4E>NVESTIGATION 1 COMMISSION) AMENDR4ENT h C T, 1951. .-=%----- -----"- -

No. XI OF 1951 't i 9

A11 Act further to amend the Taxation on Income (Investigation Commission) Act, 1949.

BE it enacted by Parliamenf as follows:-

1. Short title.-This Act may be called the Taxation on Incams (lnvestigation Commission) Amendment Act, 1951. I I

2. Amendment of section 4, Act XXX of 194'1.-In sub-section (3) of seotion 4 of the Taxation on Income (Investigation Commission) Act, 1947, for the words and figures "may extend its term of appointment for any period up to the 31st day of March, 1951" the words "may, if it thinks fit, extend its term of appointment from time to time and when the Central: Government a t any time extends the term of appointment -of the Com- mission, it ahall cause a copy of the ordcr of extension to be laid before Parliament as soon as may be after it is made" shall be substituted. -

Y7ice anna 1 OT l i d .

GfPD- i- 14 S; 1 c: I aw-21- 11-51-4000

THE APPROPRIATION (VOTE ON ACCOUNT) ACT, 1951.

No. ,XI1 OF 1951

An Act to provide for the withdrawal of certain sums from and out of the Consolidated Fund of India for the service of the year beginning on the 1st day of April, 1951.

1 BE it enacted by Parliament as follows :-

1. Short title.--This Act may be called the Appropriation (Vote on * Account) Act, 1951.

2. Withdrawal of Rs. 74,18;44,000 from and out of the ~onsolidatei Fund of India for the year 1951-52.-From and out of the Consolidated Fund of India there may be withdrawn sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of seventy-four crores, eighteen lakhs and forty-four thousand rupees towards defraying the several charges which will come in course of payment during the year beginning on the 1st day of April, 1951.

3. Appropriation.-The sums authorised to be withdrawn from and outi of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

SCHE1)ULE I

(See sections 2 and 3.)

'. I

I 1 Sums not exceeding

No. of vo te I Services and p ~ ~ ~ o s e s

-- --- ---- d Voted , Charged on ,

by the Consoli- ~ o t a l Parliament dated Fund

L_-

1 2 3 4 5

6 7 8 9

10 11 12

Price anng 1 or lad,

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

Ministry of C o m n ~ ~ r c e and 1nrtu~tl.y . Industries . . Commercial Intalligence and Stetistics Ministry of Communications Indian Poets and Telegraphs &pRr;-

mont (including Working Expenses). Meteorology . Overseas Co~nmunication Services . Aviation . Ministry of Dafence . . . Dafence Sxvicee-Eff 3ctive Army . Defence Services-Effective Navy .

__-- Rs.

6,57,000 10,17,000 5,06,000

49,000 2,76,58,000

7,62,009 6,16,000

27,32,000 2,14,000

11,68,65,000 79,32,000

Dsfence Servicee-Effective Air Foroe 2,08,12,000

- Rs.

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

--4

R e .

5,57,600 10,17,000 5,06,000

49,000 2,76,58,000

7,62,000 6,16,000

27,32,000 2,14,000

11,68,65,000 79,32,OW . . 2,08,12,000

- - -- - - - - - - -- - -- - -- - - - -,- - PC- " -

i -6 4;' q-->

' 2

2 App~opkatioll. (Vote on Account) [ACT X I I

I I No. of Vote

- 13

14 15 16 17 18 19 20 21 22 23 24

25 26 27

28 29 30 31 32

2


Defence Service,~Non-Effective Chnrges.

Ministry of Education . . . Archmology Other Sciantific Departments . . Education . Ministry of External Affairs . Tribal Areas . . External Affairs . . Ministry of Finance . . Customs . Unioli Excise Duties . . . Taxes on Income including Corpora-

tion Tax. Opium . Stamps . Payments to Other Government De-

partments, etc. Audit . . Joint Stock Companies . hliscellaneous Departments . . Currency . . Mint . *

\

3 --

33

34 35 36

37 38 39

40 41 42 43 44 45 46 47 48 49 50 61 62 63 64 55 66 57 68 60

Sums not +

Voted by Parliament

Re.

1,29,60,000

2,96,000 2,77,000

12,00,000 11,00,000 4,75,000

13,67,000 32,35,000 10,09,000 15,34,000 38,80,000 23,06,000

16,44,000 8,83,000

51,000

33,18,000 48,000

17,03,000 14,27,000

excedifig

Charged on the

Consolidated Fund

Rs.

. .

. . . . . .

. .

. . . .

. . . . . .

. . . . . . . . . .

1,07,000 . . . . . . .

. / 7,67,000 ! supers,nnuatiod ~ l l ~ k ~ ~ ~ & and Pen- 24,10,000

Total

Rs.

1,29,60,000

2,96,000 2,77,000

12,00,000 11,00,000 4,75,000

13,67,000 32,35,000 10,09,000 15,34,000 38,80,FCO 23,06,000

16,44,000 8,83,000

51,000

34,25,000 48,000

17,03,000 14,27,000

sions. Miscellaneous . . Grants-in-aid to States . Miscellaneous ~djustmenis between

the Union and State Governments. Resettlement and Development . Pre-partition payments . . Extraordinary paymenk . . Charged-Interest on Debt and Other

Obligations and Reduction or Avoi- dance of Debt.

Ministry of Food and Agriculture . Forost Survey oi~ndi ; Botanical Survey . Zoological Survey . Agriculture . Civil Veterinary Services . Indian Dairy Department . Ministry of Health . Medical Services . Public Health . Ministry of Home Affairs . Cabinet . Police . Census . Civil Defence . . Delhi . . . Ajrner . Andaman and Nicob'ar 1slands ' . Minibtry of Information and Broad-

casting.

. . 7,67,000 47,000 1 24,57,000

1,87,62,000 2,95,68,000

9,000

33,35,000 22,88,000 50,00,000

. .

3,82,000 2,08,000 5,13,000

7,000 25,000

6,73,000 2,03,000

60,000 63,000

3,70,000 5,57,000 6,64,000 2,07,000 8,16,000 8,33,000

10,000 27,09,000

7,95,000 10,18,000 8,03,000

64,75,000 . . .

4,000

4,50,<0,000

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

1,87,62,000 3,60,43,000

9,000

33,35,000 22,92,000 50,00,000

4,50,00,000

3,82,000 2,08,000 5,13,000

7,000 25,000

6,73,00Q 2,03,000

60,000 63,000

3,70,000 5,57,000 6,64,000 2,07,OGO 8,16,000 8,33,000

10,000 27,09,000 7,95,000 . . 1 10.18.000

. . 8,03,000

I % I Sums not exceeding

No. of Services and purposes

Broadcasting Ministry of Labour . . . Ministry ofLaw . . . . Administration of Justice. Ministry of Natural ~ e s o u r c e i and

Scientific Research. Irrigation (including working expen-

RCS) Navigation, Embanlrment and Drainage Works met from Rev@. nue.

Voted by Charged Parliament .I on the 1 Total

Consolidated 1 Fund - 1

Rs. I Rs. I Rs.

Geological Survey . . Mines

3,17,000 . - . . 1,97,000 Scientific Research - 13,56,000 D8part.ment of Parliamentary

Affairs 7,000

Ministry o i Rehe blhtation ' . Expenditure on Displaced Per~ons . Ministry of States Territorial end Political Pensicns . Kilt ch . . Himac1:aI Pradc-sh . Bilnspur . ' / ' . . Bhopal . . . Vindhya P r e d e ~ h . Manipur . . . . Tripura . Relation with States . Ministry of Transport . . Ports and Pilotage . , Lighthouses and Lightships . , Central Road Fund . . . Communication (including National

Hjghways). Ministry of Works, Production and

SUPP~Y. Supplies . . . . Salt . . . . Other Civil Works . . . Stationery and Printing . . . Parliament charged-staff; ~ o u s e h o l d and 'Allow:

ances of the President. Charge-Union Publio Service Corn.

m18810n. Capital Outlay on Indian Posts and

Telegraphs (not met from Revenue). Capital Outlay on Indian Posts and

Telegraphs-Stores Suspense (not met from Revenue).

Capital Outlay on Civil Aviation . Defence Capital Outlay . . . Capitol Outlay on the India Security

Press.

4 Appropriation, (Vote o n Account) [ A C T X T T OF 19511

No. of Vote -


I Sums s o t exceeding

Voted by Charged o s Parliament the Consoli-

99 100 101 102 103

Government. Cherged-Repayment of Debt . Capital Outlay on F o ~ e s t . Capital Outlay on Broadcasting . New Delhi Capitd Outlay Capital Outlay on Civil Works .

TOTAL

104 105

Capital Outlay on Currenoy . Capital Outlay on Mints . Commuted Value of Pensions . Payments to Retrenchd Personnel . Ca~i ta l Outlay on Sohemes of Govern-

k e n t ~rad i&. . Capital Outlay on Development . . 1 90,98,000 1 .. 1 90,98,000 Loans and Advances by the Central 97,52,000 5,21.79,000 6,19,31.000

- 3,000

2,82,000 7,75,000

28,000 1.14,00,000

. . . . . . . . . .

3,000 2.82,OOO 7,76,000

28,000 1,14,00,000

THE INDIAN__TAR_IFE -- -- .Q~v~BND~MENT) ACT 1951 No. XI11 OF 1951

A n Act furthkr to amend the Indian Tariff Act, 1934. [29th March, 19511

BE it engcted by. Parliament as follows:-

1. Short title.-This Act: may .be called the Indian Tariff (Amend- k t ) Act, 1951.

2. Insertion of new section 3 8 in Act XXXII of 1934.-After secgon 3 of 'the Indian Tariff Act, 1934 (hereinafter referred to as the principal Act), the following section shall be. inserted, namely:-

"3A. power of Central Goverlment to levy p-otective duties in certain cases.-(1) Where $he Ceutral Government, upon s recommendation made to it in this behalf by the Tariff Board set up under the Resolution of the Government of- India' in the Department of Commerce No. 218-'T (55)/45, dated the 3rd November, ' 1945, is sa,tisfied that circumstances exist which render it mcessmy to take immediate action to provide for the protection of the interests of any industry established in India, the Central Government may, by notification in the Official Gazette, impose on any goods imported into India in respect of which the said recommendation is made, a duty of customs of such amoilnt, not exceeding the amount proposed in the said recommendation,, as it thinks fit.

(2) Every duty imposed under sub-secbion (1) hall, for the purposes of this Act, be deemed to have been specified in the Fisti

.Schedule, and shall be in addition to any duty imposed under this Act or any other lam for the tiine being in force, bus shall not be . included in the duty of customs upon which .any additional duty imposed by section 6 of t h e Indian Finance. Act, 1942- (XI1 . of 1942), and continued, subject to certain modifications, by certain subsa~ quent Central Acts, is calculated, or operate so as1 in any way to sffeot , ' the amount of any additional duty. so imposed.

(3) Where a notification has been issued under sub-section (I), bhere shall be introduced in Parliament if it is sitting within Sfteen days after the issue of t b e notification, and if it is not sitting within fifteen days of its reassembly, unless the -notification is in the meantime rescinded, a Bill on beh2.U of the, Central Government to give effect tb the proposals in regard to t h e continuance of a protective duty of customs on the goods to wbich the notification relates, and the notification shall cease to h a v e effeot when such Bill becomes law, whether with or withol~t n~odifications, but without prejudice to the validity 6.f anything previously done thereunder :

Price anna 1 or l+d.

* ',,-. I

< --*$%*f$ k?,..

I \"t ,, 2 Indian Ta~if f (Amendment) [ACT X I ~ I

Provided that where for ally reasoil a Bill as aforesaid does not become law within two months from the date of its introduction in Parliament, the notification shall cease to have effect on the expiration of the said period of two months.

(4) This section shall cease to have effect on the expiration of two years from the commencement of the Indian Tariff (Amendmen%) Act, 1951.

' 3. Amendment of the First Schedule, Act XXXR of 1934.-In the First Schedule to the principal Act,-

(9 in Item No. 11(3), for the entry in the second column, the j words "Sago, Tapioca and Tapioca flour, not otherwise specified" shall 1 be substituted;

(ii) after I tem No. 11(5), the following Item shail be inserbd, namely : -

( b ) not manufactu- December red in a British 31st. 1952." ; Colony..

(iii) in Item No. 15(10), in the entry in the second column, tafter tne word "Stearine" the brackets and words "(Glyceride of Steario Acid)" shall be inserted;

(iu) in Item No. 26, to the entry in the second column, the words '"and antimony ore" shall be added;

, i " '11 ( 6 )

. .

(v) after Item No. 26, the following Item shall be inserted, namely : -

Sago globules and tapioca pearls-j

( a ) manufactured in a British CO- lony.

Docember 31st, 1962.

. . Protective

(vi) in Items Nos. 27(4) and 27(8)-

24 per cent. ad valorem.

"26 (1)

(a) in the entry in the second column, the words ''by Abel's close test" shall be omitted;

( b ) to the entry in the second column, the following Note '

shall be added, namely : -

(c) concentrates.

Antimony ore in any form such as- ( a ) lump ; (b ) powder or

fine ; and

"Note.-Flashing points will be determined in aocordance with the tests laid down in the rules made under the PAroleum Act, 1934 (XXX of 1934)";

. . Free 3 ) . .. 9 .. ..

.- (viii) for Item No. 28(20), the following Item shall be substituad, namely : -

(a) Acid oleic or any product containing 60 per cent. or more of free liquid fatty acids.

( b ) Acia stearic or any product contaihing 60 per cent. or more of free solid fatty acids.

Protective 30 per cent. ad valorem.

Protective

December 31st, 1961.


(c) Mixtures of ( a ) and ( b ) containing 60 per cent. or more of free fatty acids.

December 31st. 1951. .

December 31st, 1951." 1

Protective

(ix) in I tem No. 28(29), in the entry in the second column, after the word "phenol" the brackets and words "(carbolic acid)" shall be inserted ;

30 per cent. ad valorem

(x) ~ f t e r Item No. 28(30), the following Item shdl be inserted, namely : -

Calcium lactete- ( a ) of British ma-

nufactud.

( b ) not of British manufaoture :

Provided that caloium lactate manufactured in a British Colony shall be deemed to be of British manufacture.

December 31st. 1953.

Proteotive

Protective

(xi) for Item No. 30(7), the following Item shall be substituted, namely : -



"30 (7) Lead Pencils . . Protective

I higher.

30 per cent. ad valorem or 34 mnas per dozen, wh~ch ever is

. . . . December 31st. 1952.'';

# Indiun Tariff (Anzendment) [ACT XIII

-a (xii) after Item No. 45(3), the followiag Items shalL be inserted, namely : -

Colouied and copy- ~rotective 374 per cent. December * 4 6 4 / ing pencils. I I ad v a l m . I ' ' I . ' I 3lst. 1952.

46 (6) I Fountain pen ink I Protective 3 7 t per cent. I . . ( . . I I December ad valorem. 31st,1953.';

(xiii) in Items Nos. 46, 46(1), 47, 47(1) and 48, in the lash column headed "Duration of p r o t e c t h rates of duty", for the word, figures m d letters "March 31st, 1951", the word, figures and letters "March, 31&, 1952" shall be substituted;

(xiv) after Item No. the following Item shdl be inserted, namely : -

(xu) after Item ,No. 71(10), the following Item shall be inserted, namely : -

(xvi) in Item No. 72(d), in the entry in the second column, after the words "any machinery above specified", the words "and also with squirrel cage electric motors of one-quarter of one brake horse power and above", shall be inserted;

? '7 l(11)

(xvji) in Item No. 72(8), in the entry in the second column, after the words "seed and corn crushers", the words "seed and grain cleaners and graders" shall be inserted ;

Oil pressure lamps Protective 30 per cent. December of 100 to 400 1 - 1 ad v u h m . 1 I ' ' 1 31st, 1953."; candle power, all

(xviii) in Item No. 72(25), to the entry in the sezond column, the following proviso shall be added, namely: -

"Provided that articles which do not satisfy this condition shall also be deemed to be component parts of the machine or apparatus to which they belong if they are essential to its operation and are imported with it1 in such quantities as may appear to the Collector of Customs to be reasonable.";

(xix) in Item No. 75(1), in .the entry in the fifth column, for the figures "54", the figures "57" shall be substituted;

Indian Tariff (AmendmentJ

(xx) for-Item No. 85, the following Item, shall be su'bski&M, namely : -

a685 1 Buttons, studs and cuff Links-

(a ) made of metals other than gold or silver.

( b ) made of lain.

porce-

I I (c) pot otherwise I specified but ( excluding jewel-

lery, and arti- 1 cles made of glass or plated

j with gold or eil-

i ver or

Deeemk alst, am.

1

-- - - -

4. Amendment of Act I of 1949.-In the Indian Tariff ( A m e n h e $ ) Act, 1949,-

. .

. .

. .

i

(i) in sections 4 and 5, for the figures "1951' bhe figures !'IS&': shall be substituted; and

Protective

Protective , Protective .

. , - (ii) section 7 shall be omitted.


35 per cent. ad valolem.

30 per cont. ad vrclornm.

/

GIp~-S1-12 ht of Law -21-11-51- 4,000.

THE APPROPRIArI'ION (RAILWAYS) No. 3 ACT 1951

No. XIV OF 1951

An Act to authorise payment and appropriation of a certain' further sum from and out of the Consolidated Fund of India for the service of the year ending on the 31st day of March, 1951 for the purposes -of ra~lways.

B I3 i t enacted by Parliament as follows :-

1. Short title.-This Act may be called the Appropriation (Railways) KO. 3 Act, 1951.

2. Issue of Rs. 30,00,000 out of the Consol:.dated Fund of India for the year 1950-51.-From and out of the Consolidated Fund of India there may be paid and applied a sum not exceeding thirty lakhs of rupees towards defraying the several charges which will come in course of payment during the year ending on the 31st day of March, 1951, in respect of the services relating to railways speczed in column 2 of the Schedule.

3. Appropriation.-The sum authorised to be paid and applied from and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the year ending on the 31st day of March, 1951.

SCHEDULE

(See sections 2 and 3)

2 I 3 - -------- ---- - Sum not exceeding

. I of I Services and purposes

vote I

Toted by Charged Pariiament on the Total

Working Expense- ctperation (Fuel) .

-- d

Rs. I Re.

Price anna 1 or lad.

GIPD-SI- 102 N of Law-21-11-51-4,000.

THE APPROPRIATION (No. 2) ACT, 1951

No. XV ow 1951

: An Act to authorise payment and appropriation of certain sums from and out of the Consolidated Fund of India for the service of the year ending on the 31st day of March, 1952.

I 120th April, 19511

BE i t enacted by Parliament as follows:-

+ 1C Short title.--This Act may be called the Appropriation (No. 2) Act, 1951.

2. Issue of Rs. 20,72,24,55,000 out of the Consolidated Fund of India for the year 1951-52.-From and out of the Consolidated Fund of India there may be paid and applied sums not e~ceeding,thoae specified in column 3 of the Schedule amounting in the aggregate [inclusive of the sums specified in column 3 of the Schedule to the Appropriation (Vote on Account) Act, 1951 (XI1 of 1951)l to the sum of two thousand and seventy-two crores, twenty- four lakhs and fifty-five thousand rupees towards defraying the several char8es which will come in course of payment during the year ending on the 31st day of March, 1952, in respect of the services spe~ified in column 2 of the ~ T h e d u l e . ~

3. Appropriation.-The sums authorised to be paid and applied from and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the year ending on the 31et day oFMarch, 1952.

Price atzna 1 or l&i.

2 . Appropriation (No. 2) [ACT xv

THE SCHEDULE

- 1 --

No. of Voh

-...C-.l''

1 2 3

4 5

6 7 8 9

10 11 12

13

14 15 16 17 18 19 20 21 22 23 24

25 26 27

28 29 30 31 32 33

' 34 35 56

37 38 3 9

ernments. Resettlement and Development . Pre-partition payments . . Extraordin~ry paym6nts . Oharged-Interest on Debt and

Other Obligations and Reduotion

( X e e sections

2

" '


- '

Ministry of Commerce and Industry Industries . . Co'mmercial Intelligence and Statis-

tics. Ministry of Communications . Indian Posts and Telegraphs De-

partment (including Working Expenses).

Meteorology . Overseas comrnunicatiois seivice .

Aviation . . . . . Ministry of Defence . . . Defence ServicesEffeotive-Amy Defence Services-Effective-Navy Defence Services-Effcive-A

Forae. Defence Servioes-Non-effective

Charges. Ministry of Education . . Archaeology . Other Scientific Departments . Education . . Ministry of External Affairs . . Tribal Areas . External Affairs . Ministry of Finapce . . Customs . . Union Excise Duties . . Taxes on Income including Cor-

poration Tax. Opium . . . . Stamps . . . . . Payments to Other Governments,

Departments, eto. Audit . . . . . Joint Stock Companies . Miscellaneous Departments . . Currency . Mint . . . . Superahuation ~llowances ' and

Pensions. Miscellaneous . . Grants-in-aid to States . . Miscellaneous Adjustments bet-

ween the Union and State Gov-

- or Avoidance of Debt.

2 and 3)

a

Sums not exceeding -- Voted Cha~ged on

P y Parliament dated Fund

Rs.

65,09,0C0 1,21,09,000

48,41,000

5,77,000 32,85,40,000

85,72,000 73,67,000

3,19,01,000 25,38,000

140,23,74,000 9,51,83,000

24,97,49,000

15,55,19,000

33,56,000 32,63,000

1,43,30,000 1,26,82,000

56,18,000 1,57,45,000 3,79,78,000 1,18,37,000 1,83,41,000 4,54,69,000 2,72,80,000

1,95,33,000 1,03,34,000

6.10.000

3,98,20,000 5,61,000

2,03,18,000 1,67,46,000

91.20,OOO 2,89,16,000

36,84,92,000 12,82,71,000

1.13.000

. .

. . . .

1,27,'37.000

2,i'8,000 . . . . . . . . . .

7,000

. . . .

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

5,&,000 . . 12.86,OOO . .

2;k0,000

6,25,000

6,000 2,69,00,000 . .

65,09,000 1,21,09,000

48,41,000

5,77,000 34,12,77,000

85,72,000 76,96,000

3,19,01,000 25,38,000

140,23,74,000 9,5 1,83,000

24,97,49,000

15,55,26,000

33,56,000 32,63,000

1,43,30,000 1,25,82,000

56,18,000 1,57,45,000 3,79,78,000 1,18,37,000 61,83,41,00Q k,54,69.000 2,72,80,000

1.96.33.0~0 1.08.75 ,000

6.10.000

4,11,06,000 6,61~000

2,03,18,000 1,69,86,000

91,20,000 2,94,41,000 -

26,84,9 7,000 16,41,7 1,000

1,13,000

Appropr ia t ion ( N o . 2)

-- " " " ' ' ' 2- .- Sums not exceeding ---- ---

No. of Vote Services and purp~ses the Consoli-

I Re. I Rs. 1 Rs. - - --& - - - - - - . ---- Ministry of Food and Agriculture . 44,11,000 Forest . 24,47,000 Survey of India : . 68,69.000 Botanical Survey . 79,000 Zoologiaal Survey . 2,87,000 Agriculture . 1,42,32,000 Civil Veterinary Services . . 23,28,000 Indian Dairy Department . 6,98,000 Ministry of Health . 7,29,000 Medical Sarviccs . . 43,16,000 Public Health . . 63,64,000 Ministry of Home Affairs . . 78,58,000 Cabinet . . . 24,49,000 Police . . 96,92,000 Census . . 99,47,000 Civil Defence . 1,20,000 Delhi . . . 3,20,84,000 Ajlner . . 93,89,000 Andaknan and Nicobar Islands . 1,17,43,000 Ministry of Infomation and Broad- 82.23,000

casting. Broadcasting . . 1,94,29,000 Ministry of Labour . . 26,65,000 Ministry of Law . 1,87,37,000. Administration of Justice . 2,01,000 Ministry of Natural Resources and 8,57,000

Scientific Research. Irrigation (including Working Ex- 28,9r1,000

penses), Navigation, Ernbank- rnent and Drainage Works met from Revenue.

Geological Survey . . 36,40,000 Mines . , 22,80,000 Scientific ~ e s e a r c d . 1,62,76,000 Department of Parliamentary 88,000

Affairs. Ministry of Rehabilitation . Expenditure on Displaced Persons . Ministry of States Territorial and Political Pansions Kutch Rimachal Pradesh . Bilaspur . Bhopal . Vindhya Pradesh . Manipur . Tripura . Relations with States . Yinistiy of Transport . Ports and Pilotage Lighthouses and Lightships . Central Road f i n d . Communications (including National

Highways).

4 Appropriation (No. 2) [ACT xv OF 19511

No. of Servioes and purposes Vote

--- -- Sums ~ o t exoeeding

Voted Charged OD

Parliament dated Fund

Ministry of Works, Produ~t~ion and Supply.

Supplies . Salt 0 ther civi l works' : Stationery and Printing , Parliament . Charaed-Staff, '~ousbhold ' and

~i lowances of the President. Charged-Union Public Service

Commission. Capital Outlay on Indian Posts

and Telegraphs (not met from Revenue). -

Capital Outlay on Indian Posts and Telegraphs-Stores Suspense (not met from Revenue).

~ a ~ i t a . 1 Outlay on Ciyil kviation Dafence-Capital.Outlay . Capital Outlay on the India Secu-

fity Press. Cmpital Outlay on Lndustrial

i)avelopmen6. Capital Outlay on Currency . Capital Outlay on Mints . Comlnuted Value of Pensions Payments to Retrenched Personnel Capital Outlay on Schemes of

Government Trading. Capital Outlay on Development. . Loans and Advances by tha

Central Government. Chwged-Repayment of Debt . Capital Outlay on Foresta . Capital Outlay on Broadcasting . New Delhi Capital Outlay . ,. Capital Outlay on Civil Works .

'THE MINIMUM WAGES (AMENDMENT) ACT, 1951

No. XVI OF 1961

I ' ;An Act further to amend the Minimum Wages Act, 1948. 11231-d April, 19513

E i t enacted by P.arlia.ment a.s follows :- his Act may be called the bliniinum Wages (Amend-

2. Amendmen't 6f section 3 , ' Act XI of 1948.-In sub-section (I) of. ection 3 of the ivfinimum IVages Act, 1948,-

e (a), the following clause shall be substituted,

the r ~ i n j m u m rates of wages payable to e~nployees

(i) in an employment specified in Par t X of the .Schedule. at the commencament of this Act, before the 31st day of Xarbh: 1952;.

.(ii) in an &nployrnent specified .in ?art 11 of . the Sche-. dule a t the commencement of this Act, before the 31st day of 'December, 1953 ; a,nd

(iii) in an employment included in Par t I or Par t XI .of the Schedule by nctification under section 27, from ~ u i . h date as may be specified i ~ n this behalf in the notifjcatiorl; ";

(2) hfter .%he existing proviso, the following further proviso shall -ba inserted, n8rnely:-

"Prooicled furtiier tliat,. in the case of an employme?>t refer-, .red t o in sub-clause (iii of clause (a), the appropriateGovera- mcnt may fix r i i l ~ i r n u a ~ rates of wages only for a pwt of the State or for asg class or classes of s lxh employment." +

I

I T H E COAL MINES XAPLTY (B'I'OWING) A-MENDMENT --.--- i ACT, 1951

-- .-- ---- I

No. XVII OF 1951 I

I an Act further to amend the Coal Mines Safety (Stowing) Act, 1939 /

j [26th, April, 19611

I. 8hc~B title.--This Act may be called -he Coal Mines Safety (Stawing) ' A17zendment Act, 1051.

2. Amendment of section 5, Act XIX of 1939.-In sGtion 5 of the Coal Mine' Safe y (Stowing) Act, 1939, for the words " three arlnas " the wn:.ds " nine annas ' alzal I be subst itutod.

. - Price anna 1 or I@.

I

T H E SUPREME COUR'L' ADVOCATES (PRACTICE I N , HIGH COURTS) ACT, 1951

No. X V I I I OF 1951

f

An Act to autho,rise advocates of the Supreme Court to I practise a s of riglit in a n y High Courk. ,


1 1. Short title and extent.-(1) This Act may be called the Bup-o 1 Court Advocates (Practice in High Courts) Act, 1951. I

(2) I t extends to the whole of India axcept the State of J w u end Kashmir .

2. Right of Supreme Court Advocates to practise ie any Eigb Goapt.-8. Notwithstanding -anything contained in the Indian Bar Act, 19% (XXXVIII of 1926), ,or in a n y other law regulating the conc(itions subject to which a - person not entered in the-roll - - bf,&a~~pca1;~e.s . of_.~..a. .s.High_h_.-c~-u$ m a y bepermitted to prGf;iiie in- that ................... High Court, every - Advocate d the ...................

S~preme.~ourt. .sS1.y be entitled a s o f right to practise in any High Court whether or not be is an Advocate of that g igh Court: I

Provided that nothing in this section shall be deemed to entitle m y person, merely by reason of his being a n Advocate of the Supreme Cmd to. pr:~ct;se in a High Court of.n.b~ah he wss at any ti1t:e n J ~ d q c . if he hLd ;d,ivrn an u ~dertalring not t,o practise therain after ce;~sing to hold office 8,s E U C ~ .fudge.

i Ex21lanntion.-In this section, "High Court" includes the Court of 8

Judicial Commissioner.

TF.E C ND AMEND- ----,"---

No. XIX OF 1951

An Act further to amond the Code of Civil Procedure, 1908

BE it enacted by Parliament, as follows:- 1. Short title and commencement.-(1) This Act may be called the

Code of Civil Procedure (Second Amendment) Act, 1951. I

(2) It shall come into force on such d a W a s the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of Order V, rule 25, Act V of 1 9 0 8 . L ~ o rule 25 of Grder 'v' ill the Pirsl Schedule to the Code af Zivii Procedure, 1Y08, the following provisos shall be adde6, namely : -

"Provided that where any such defendant resides in Pakistan, the summons, together with a copy thereof, may be sent far service on the defendant, to any court jn that country (not being the High Court) having jurisdict.ion ii: the place where the defendant, resides:

'Provided further that where any such defendant is a public officer in I ' ak - i~ t~n (not belonging to the Pakistan military, naval or air forces) or is a servant of a railway company or iacal authority in that country, the sumii~ons, together with a copy thereof, may be sent for service on- the defsndant, Lo such officer or authpi ty in that country as, the Carltral Government may, by notification in the Official Gazette, specify in this behalf."

, , - q - / 9 5 / 2 ~ * - m - - %/34/, $1/4/s/; 9%-q- + 2

1955 '&; /<z, k . 3 +-/0+.57

Price anna 1 or l i d .

GTPD-S1-15 : &I of ' ~ a 7-21 -1' 51 -4,000

An Act further to amend t,he Indian Tariff Act, 1934.

1 [28th Ap~il, 19517 BE i t enacted by Parliament as follows :-

1. Short title.-This Act may be called the Indian Tariff (Second Amend- ment) Act, 1951.

2. Amendment of section 4Ain Act XXXII of 1934.-In sub-section (2 of section 4A of the Indian Tariff Act, 1934 (hereinafter referred to as t he principal Act), for the words " in session ", wherever they occur, the word " sitting " shall be substituted.

3. Amendment bf the First Schedule, Act XXXII of 1 9 3 4 . 1 n the Firrt Schedule to the principal Act,-

(i) for Item No. 8 (3), the following Item shall be substituted, namely :-

a' 8 (3) Fruits, candied and Protective . . December crystallised. ad valorem. ( ' I " I 3lst,

1952. ";

(ii) for Item No. 20 (I), the following Item shall be substituted, namely :-

Price anna 1 OT 14d.

." 20 (1)

. .



Fruit Juices, Squa- shes, Cordials and Syrups not otherwise specified-

(a) manufactwed in a British Colony.

Tr

(b), not manufactured in a - British

(iii) for Items NO;. 20 (3), 20 (4) and 20 (5),,the following Items sha ll be substituted, . . . namely :-

Revenue . Revenue .

/ Co!onj;.

. . . .

. . . . I

" 20 (3)

*

1 .

. .

.. -;

. . I in a British Colony.

. . . ~

Fruits, canned, bottled or otherwise packed, not o therwise specified-

(a) manufactured in a British Colony.

(b) not manufactured

. Protective

Protective . 26 pqr cent.

a d valorfl..

36 per 'cent. ad .valorem. . . 31st,,

1952.

f

. . . . -

. .

December alst, 105zi

Decembe~

(iv) for Items Nos. 20 (8) and 20 (9), the following Items shall be eub- etituted, namely :- -

$ I

. ($ " :,4 38.

i u'

i 2 Indian Tariff (Sacond A m e n d m e n t ) [ACT xx k !

The following fruits, canned or 'otherwise packed, namely r

Aprioots, Berries, Grapes, Plums and Prunes, and fruit salads com- posed not less than 80 per oent. in quantity and in value of the above named fruits-

(a) manufaotured i n Yrotective a British Colony. 1 -

' 1 (b)-not m a n u f a o m d

In a British - Colony.

40 per oent. ad valorem.

,

80 '~er oent. ad valorem.

36 per cent. ad ualorem

. .

. .

. .

Pineapples, oanned o r otherwim packed-

~ r o k c t i v e .

Revenue . Revenue ,

, 20(4)

20 (6)

Protective .

Jams, Jellies and Marmalades, oanned, bottled or otherwise packed.

Juioes either individually or in mixture, of the following fruits, namely :

Apricots, Berries, Grapes, Pineapple, Plums and Prunes-

. . (a) manufactured in

a British Colony.

(b). not manufactured ~n a British Colony.

I

36 per oent. , ad valorem.

. .

. .

. .

(a) manufactured i n Protective 28 per cent. December B British 1 0 1 1 a . 1 1 1 31,.

1952.

December 1 31sc. 195%.

I I i

. .

.. 3 1 ;

(b). not manufaotured Proteotive 36 per cent.. Deoember ~n 'a Britimh 1 . ) I* *. 1 1 1 318%. Colony. 1962.,";

- - - - - -- - . q ; t 3

k Z 1

- .? g :. .I <*

OF 19511 Indian Tar$ (Second Amendment) 8 -

(v) for Item No. 48 (I), tha following Item shall be substituted, name- - Iy i-

" 48 (1) Fabrios, not otherwise specified, aon- taining more than 90 per oent. of ~ltifioial silk-

(a) of British manu- Proteotive . 30 par oent. . . . . December facture. ad valorem 31st,

or 24 annas 1952. per square yard, whioh- ever is higher.

( b ) not of British Proteotive . 50 per cent. . . . . Deoember manufaoture. ad valorem 31st,

or four 1952." ; annas p3r square yard, whichever is higher.

I !

(vi) for Item Nos. 48 (4) and 48 (5), the following Items shall be sub- I stituted, namely :- i

(ix) for Item No. 72 (33), the following Item shall be sukstituted namely:-

,- --- --- -

8 f ' \ 3 t

.OF 19511 Indian T a ~ i f f (Second Amendment) , 6

(uii) in Item No. 45 (6), in the entry in the second column, after tha- wcrd "specified", the words "containing no silk or artificial silk or" shall be, inserted .

1

(viii) for Item No. 48 (7), the Following Item shall be substituted, namely:-

"4S(7)

Protective .

Protective .

Fabrics. not otherwise specified, containing not more than 10 per cent. silk or 10 per sent. artificial silk or ,10 per cent-. wobl, but containing more than 60 per cent. ootton and not more than

I

I

90 per cent. j ootton-

(a) of British rnsnu- facture.

( b ) not of British manufnotute.

-- - I 1 f

"72(33)

,c.e

*

25 peroent. ad valorem.


Pickers used in Protective . textile industries.

December 31st, 1952.'"

-- - . . 10 per cent.

ad valorem.

.

i

Decembev I

31st, 1 1952.

December ! 31st, 1952." ; - I

I

. .

. .

. .

. .

. .

THE COAL MINES PROVIDENT FUND AND BONUS 2 7 :%j

No, X T I OF 1961.

An Act further to amend the Coal Mines Provident Fund and Bonus Schemes Act, 1948 B , [28th April, 19511

B E it enacted by Parliament as follows :- i t 1. Shoat title,-This Act may be called the Coal Minea Provident Fund Lbnd 1

Bonus Schemes (Amendment) Act, 1951. 1 i 2. Insertion of new section 10A in Act XLV1 of 1948.-After section 10 of the I

Coal Mines Provident Fund and Bonus Schemes Act, 1948 (hereinafter referred 1 to as the principal Act), the following section shall be inswted, namely :- I

" l 0 A . Mode of recovery of nzoney due from an enzpl0yer.-Any amount" , due from ail employer in respect of any contribution or bonus under ally scheme framed undw this Act may be recovered by the Csiltral Govern- ment in the same manner as an arrear of land revenue."

3. Amendment of the First Schedule, Act XLVL of 1948.-In the First 8cbedulc t.) the principal Act,-

(a) for paragraph 2 , the following pazagraph shall be substituted and a

shall be deemed always to have been substituted, namely:-

"2. Payment of contributions to the Fund by employers and by, cr on behalf of, employees, the rate, time rrnd manner of such payment and the manner in ivhich such contributions may be recovered."

( b ) in paragraph 3, for the words "it shall be paid" the words "the payment shall be made" shall be substituted.

THE ADMINISTRATION O F EVACUEE P R O P E R T Y

No. X X I I or 1951

~n Act f~lrthsr to amend the Administration of Evacuee Property Act, 1950.

[28th A p 4 , 19511

BE it enacted by Parliament as follows :- 1. Short title.--This Act may be called the Administration of Evacuee

Property (Amendment) Act, 1951.

2. Amendment 01 section 2, Act XXXI of 1950.-In clause ( f ) of section 2 of the Administration of Evacuae Property Act, 1950 (hereinafter refened t o as ths said Act), after sub-clause ( I ) , the following sub-clause slid1 be inserted and shall be deemed always to have been inserted namely :- '

" ( 1 A ) belonging to a joint stock company of which not less than fifty-one per cent. of the shares are held by evacuees, notwithstanding that t h e registered office of such company is situated in any part of the territories to which this Act axtends, or".

3. Siibsiitution of new section for section 17, Act XXXI of 1950.-For section 17 ol' the said Act, the following section shall be substituted and shall be deemed always b have been substitutad, namely :-

"17 E x e m p t i o n of e v a c u e e ~ ~ ~ p e r t ~ f r o m pTOCe88e8 of oourt, etc.-(1) Save as otherw~se exprassly provided ill this Act, no evacuee property which has vested or is deemed to have vested in the Custodian under the provisions of this Act shall, so long as it remains so vesbed, be lihble to be proceeded against in any manner whatsoever in execution of any clecree or orcler of any court or otlier a u t h ~ ~ i t y , and any attachment or injunction or order for the appointme2t of 8

receiver in respect of any such property subsisting on the commencement of the Administration of Evacuee Property (Amendment) Act, 1951, shall cease to have eflect on such commencement and shall be deemed to be void.

(2) Where, after the 1st day of March, 1947, any evacuee property which has vested in the Custodian or is deemed to have vested in the Custodian under the provisiolls of this Act has been sold in executioil of ally decree or order of any court or other authority, the sale shall be set aside if an application in that behalf has been made by the Cus td ian to such court or aut.hority on or before the 17th day of October, 1950 "

Pr i ce nmza 1 07. 1Bd. QIPD -81 -167 M of Law -21-11 -51-4,000.

i, (& ;L&

!.&&Lz & * yw-f /?s.%rr+ 3.2 u"M- : / 7 q i C / S ~ p (@ -A'- -!,

THE PINANCE ACT, 1951

No. XXII I OF 1i51

An Act to give effect to the finanoial proposals of the Central Government for the year beginning on the Is$ day of April, -*-- 1951. .i.*r

[28th April, 19511 PIC it enacted by Parliament as follows:- ; 1. Short title.-This Act may be called the E'inance Act, 1951. . *

2. Income-tax and super-tax.-(1) Subject to the provisions of b-sections (3),. (4) and (5);for the year beginning on the 1st day

(a) income-tax shall be charged at the rates specified in Part I of the First Schedule, increased. in each' case by a .

surcharge for the purpdses oE the Union at the rate specified spect of each such rate df income-tax, and

@$;. hi: (b ) rates of. super-tax shall, for the purposes of sec t i~n @:;. '55 of the Indian Income-tax Act, 1922 (hereinafter referred. if 19191

=ST..' g ~ - , , , . to as "the income-tax Act"), be'those specified in. Part I1 of ~ c. 2 $ .,.. the First Schedule, increased i n t h e cases to which Para-

hraphi A, B qnd C of. that P i i t apply, .by a surcharge fqr . . p::. ' .*.,-,: : * the purposes of. the Union at the rate specified therein in $<*,~.' "@?. . . s,~:.. respect of each such rate of super-tax. . .

(2) In making any assessment for the year ending on the 31st 1

ay of March, 1952, there shall be deducted from the total *come of an assessee, in accordance with t h e provisions of see-

n 15A bf the Income-tax Act, an amount equal to one-fifth the earned income, if any, included in his total inrome but \

ot exceeding in any case four thousand rupees.

(3) In making any assessment for the year- ending on the . .

1st day of March, 1952,-

(a) where the total income of an assessee, not being a company, includes any income chargeable under the head

Price annas 2 or 3d.

"Salaries" as reduced by the deduction for earned income appropriate thereto, or any income .chargeable under the head "Interest on securities", or any income from dividends in respect of which by virtue of section 49B of the Income- tax Act he is deemed himself to have paid the income-tax imposed under that Act, the income-tax payable ,by the assessee on that part of his total income which consists of

. such inclusions shall be an amount bearing to the total amount of income-tax payable according to the rates applicable under the operation of the Finance Act, 1950, on his total income the same proportion as the amount of such inclusions bears to his total income :

(b) where the total income of an assessee, not being a company, iiicludes any income chargeable under the head '"Salaries" on M hich super-tax has been. or might have been

,deducted under the provisions of sub-section (2) of section ' 18 of the Income-tax Act, the super-tax payable by the assessee on that' portion of his total income which consists of such inclusion shall-be an amount bearing to the total amount of super-tax payable, according to the rates applicable under the operation of the Finance Act, 1950, on his total income the same proportion. as the amount of such inclusion bears to .his total income.

(4) In making any assessment for the year ending on the 31st day of March, 1952,-

( a ) where the totai income of a company includes any profits and gains from life insurance business, the super- tax otherwise payable by the company on the whole of such total income shall be' reduced by an amount which bears to that super-tax the same proportion as the amount of such inclusion bears to its total income or by an amount computed at the rate of-

(i) two annas in the rupee in the case OL a mutual insurance company as defined in section 95 of the Insurance Act, 1538, and

(ii) one-and-a-half annas in the rupee in the case of any other company

on the amount of such inclusion, whichever is less:

(b ) where the total-income of an assessee, not being a company, includes any profits and gains from life insurance business, the income-tax and super-tax payable by the assessee on that part of his total income which consists of such inclusion shall be an amount bearing to the total a~rlount of such taxes payable on his total income according to the rates applicable under the operation of the Indian Finan2e Act, 1942, increased in respect of each such rate by one-twentieth thereof, the same propoi;tion as the amount of such inclusion bears to his total income, so however that

the aggregate of the taxes so computed in respecth*of such inclusion shall not in any case exceed the amount of tax payable on such inclusion at the rate of^ five annas in the rupee.

(5) In cases to which section 17 of the Income-tax Act applies, the tax chargeable shall be determined as provided in that section, but with reference to the rates imposed by sub-section (I), -- and in accordance, where applicable, with the provisions of sub- sections (3) and (4) of this section.

(6) For the purposes of making any deduction of income-tax in the year beginning on the 1st day of April, 1951, under sub-section (2 ) or sub-section (2B) of section 18 of the Income- 1 tax Act from any earned income chargeable under the head "Salaries", the estimated total income of the assessee under this

i head shall, in computing the income-tax to be deducted, be re-

1 duced <by an amount equal to one-fifth of such earned income, but not exceeding in any case four thousand rupees; but no

i abatement shall be' allowed by the person responsible for paying the salary in respect of any donations made by the assessee to which section 15B of the Income-tax Act is-or may be

, ! j I

applicable. I I (7) For the purposes of this section and of the rates df tax 1 !

imposed thereby, the expression "total income" means total income as determined for the purposes of income-tax or super-tax, * as the case may be, in accordance with the provisions of the Income-tax Act, and the expression "earncd income" ha5 the - meaning assigned to it in clause ( 6 A A ) of section 2 of that Act.

3. Amendment of section 17, Act XI of 1922.-With eEnct from the 1st day of April, 1951, the following sub-section shall be substituted fcr sub-sezticn (1) of sqction 17 of the Income- tax Act. namely:-

"(1) Where a person is-not resident in the taxable territories and is not a company, the tax, including super-tqx, payable by him or on his behalf on his total income shall be an amount equal to-

(a) the incorneltax which would be payable on his total income at the maximum rate, plus

(b) either the super-tax which would he payable on his total income at the rate applicable in the case of an individual to the slab next to the slab exempt from super-tax, or the super-tax which would be payable on his total income if it were the total income of a person resident in the taxable territories, whichever is greater:

Provided that any such person may, on the first occasion on vvhich he is assessable for any year subsequent to the year ?riding on the 31st day of March, 1951, and before the 30th lay of Jime in that year, or where the first occasion on which le is so assessable falls during the year ending on the 31st day if March, 1952, before such date as the Central Board of tevenue may, by notification in the Official Gazette, specify in his behalf, by notice in writing to the Income-tax Officer &ec- are (such declaration being final and being applicable to all

assessments thereafter) that the tax, including super-tax pay able by him or on his behalf on his total income shall be determined with reference to his total world income, and thereupon such. tax shall be an amount bearing to the total amount of tax including super-tax which would have been payable on his total world income had it been his total income the same proportion as his total income bears to his total world income." .

: 4. Alteration of certain duties 'of customs-In the First xxx11 of Schedule to ,the Indian Tariff Act, 1934,-

1934. (a) in Item No. 27(5), for the entry in the fourth column,

the following entry shall be substituted, namely:- <

"Three annas per Imperial gallon or 15 per cent. ad valorem, whichever is higher.";

(b ) in Item No. 27(7), in the fourth column,

(i) for the entry against sub-item (a), the entry',

"Rs. 18- 12 per ton or 15 per cent. ad valorem, whichever is higher.", shall be substituted, and

(ii) for the entry against sub-item (b), tkie entry.

"15 per cent. ad valorem" shall be substituted;

(c) in Item No. 27(8), for the entry in the fourth column, the entry -

"Three annas per Imperial gallon or 15 per cent. ad ualorem, whichever is higher."; shall be substituted;

( d ) for Items Nos. 75(9), 75(10j, aiid 75(11), the foiiowing Items shall be substituted, namely:-

" 76 (9) The following articles, and part8 Preferen. 60% ad 67% US thereof, adapted for use as parts and tial re. ucalorerr~. valor.em, accessories of motor vehicles other venue. - s 'thanmotor cycles andmotor scooters :

(i) the following engine oomponents : rubber mountinge, hose pipes (other than fuel line hoses) with connections, fuel pump diaphragms, fan belt's, llluffiera, exhaust pipes and tail pipes ;

(il\ the following frame and body components : ompot6 [made to size or shapo), cushion springs, door and window fittings excluding glasscs, trim materials (leather, juto, canvas and ioather cloth) made to size or shape, bus bodies, station wagon bodies, truck bodies, stool cabs for - lorriob, pick up bodies rand parcol vnn bodier; ; and

Vii\ the following other components : gaskets all ecirts, rubber components not. oth~rwise specified and borna not otherwise speoified.

76 (10) The following articles, and parts Preferen. thereof, adapted for use as parts and tial re- accessories of motor vehioles other venue. than motor cycles and motor soooters :

(i) the following engino oomponents : crank shafts, cam shafts, oonnoct- ing rods, cylinder blocks and heads, mauifolds, valves, valve spring&, valve tappots, fly wheels, petrol tanks, radiators, fans, piston ns-

- sembly (namely, pistons, piston rings and gudgeon pins). water pumps, and timing g*ars and sprockets ;

(6j) the following electrical components : lamps other than head lamps, wire harness, battory and pther cables made to size and horns ;

&Xi) the following transmis~ion and suspension oomponents : front and rear springs other than ,

coil springs, king pins, shackle pins, shock absorbers, spring hanger brackets, shackles, transmission gear and gear box, cld&h housings, propeller shafts, universal joints including neodle bearings therefor, rear axle ~ssombly (axle housing, . ., axle shaft, ring gear, pinion and carrier differential), front axles,

' hubs and brake drums and front suspension exc!uding coil springs ;

* ( i v ) the following'l frame and body - oornponents : seat runners, short members of + w i s ffame and brackets ; and

(v) the following other components : brake hose pipes, ball bearings up to 2" bore, bl~sbings separately . a

imported (excluding oil impregnat- ed bushings) end bumpers.

; 76 (11) The following articles, and parts Prefer- thereof, adapted for use as parts and ential accessories of motor vehicles other revenue. than motor cycles andmotor scooters,

, namely:

( i ) the following engine components : thin wall bearings, cylinder liners, carburettors, oil pumps, air clean. . prs, oil filters, fuel pumps, and fuel line hoses with connections ;

( ei) the following electrical - components: . distributors, spar,king plugs, direction indicators, eleotrical panel instruments, wind 'shield wipers, starting motors, generators, head lamps including seded beams fuses, switches, ignition coils, and voltage and current regulators ;

( i i i) the following transmission and aspension components : steering meohanisms, pressed wheel, olutchea and aukpension coil springs;

00% d 87% od valorem. aalor)?n,.

30% ad 2 7 2 od valorem. vq rem

(dzl) tihe following frame and body corn- ,ponents : toughened glass aheets, body paneb including turret ' tops and sides for passenger cars and long %em- . bers .of chassia frames ; and

( v ) the following other romponents : roller bearings, bushings (oil im- pregqated), panel inStr~ments

, other than electrical, and brake cylinders.

76 (12) Articles [other than rubbertyres, Preferen- 30% ad 27% ad tubes, batteries and such other com- tin1 valorem. valorem. ponents as are specified in Items Nos. revenue- 75(9), 76(10) akld 75(11)] adapted for use as parts and accessories of motor *

vehicles other tho motcur cycles and motor scooters.

15 (13) Parts of mechanicaUy propelled Preferen- vehicles and accessorica not other- tial wise specified: revenue.

3,%vZ. 2 t P h e E

Provided that whore any articles rsfer - red to in Items Nos. 76(12) and 75( are also ordinarily used otherwi than as parts and accessories of motor vehicles, they shall be dutiable a t the rates of duty specified for auch articles.

5. Additional duties of customs.-When any goods charge- xxxIIof able with a duty of customs under the First Schedule to

1934; the Indian Tariff Act, 1934, or under that Schedule read with any notification of the Central Government for tne -

- time being in force, are assessed to duty, there shall, up to the 31st day of March, 1952, be levied and collected as an addition to, and in the same manner as, the total amount so chargeable-

(a) a sum equal to 155 per cent. of such amount, in the case of goods comprised in Items Nos. 22(2) and 22(4);

( E ) a sum equal to 55 per cent. of such amount, in the case of goods comprised in Items Nos. 48, 48(1), 48(2), 48(4), 48(5), 48(6), 48(7), 48(8), 48(10) and 51(2), and in the case of textile manufactures specified in Item No. 49 when made wholly or mainly of any of the fabrics specified in Items Nos. 48, 48(1), 48(4), 48(5), 48(7) or 48(10);

(c) a sum equal to 45 per cent. of 'such amount in the case of goods comprised in Items Nos. 47 (2), 59 (2); 59 (4) and 59(5);

(d) a sum equal to 25 per cent. of such amount, in the case -of goods comprised in any Item of the said schedule other than those specified in clauses (a), (b) or ( c ) of thie section, or in the Second or Third Schedule to this Act; and

( e ) a sum equal to 5 per cent. of such amount, in the case of goods comprised in any of the Items of the said Schedule specified in the Third Schedule to this Act:

Provided that in the case of goods comprised in Items Nos. 48 to 48<10), both inclusive, and i n the case of textile manufac- tjires specified in sub-items (a) and (b) of Item No. 49, if the

duty of excise for the timesbeing leviable on like goods or, the case may be, on the fabrics of which such textile manuf tures are wholly or mainly made, exceeds the sum of-

(i) the duty of customs chargeable under the First Schedule to the Indian Tariff Act, 1934, or under that Schedule read with any notification of the Central Govern- ment for the time being in force, and

(ii) the additional duty of customs chargeable under clause (b) or clause (d) of this section,

there shall, up to the 31st day of March, 1952, be levied and collected as a further addition to, and in the same manner as, the duties of custonls so chargeable an amount equal to the aforesaid excess.

6. Irnposition,and alteration of certain export duties.-k the XXXLI of Second Schedule to the Indian Tariff Act, 193'4,- I 19:'4.

,(a) in Item No. 2(i), for the entry in the last column, the entry "Rs. 350" shall be substituted;

(b) in Item No. 6, for the entry in the second column, the following entry shall be subsiituted, namely:-

'Cloth . %

"cloth" means cloth of any description manufactured either wholly from cotton or partly from cotton and partly from any other substance and containing not less than ten per cent. of cotton by weight, but does not include-

(i) cloth of handloom manufacture;

(ii) superfine and fine cloth, that is to say, cloth in which the count of warp yarn (whether single or folded) is 35s or finer; and

(iii) furnishing fabrics,, hosiery, apparel, ,

blankets, bed-covers, towels, dusters and napkins;'

(c) after Item No. 12, the following Item shall be inserted, namely : -

"13. Ground nuts . Ton of 2,240 11)s.

7. Amendment of Act I s f 1944, and alteration of certain duties of Central Excise.-(1) In the First Schedule to the Central Excises and Salt Act, 1944,- 1 of 1944

(a) in Item No. 4, in sub-item (a), after the words "motor vehicle". the words "or aircraft" shall be insertea, and

/

'Tobacco' means any form of tobacco, whether cured or uncured, and whether manufactured or not, and includes the leaf, stalks and stems of the tobacco plant, but does not include .any part of a tobacco plant while still attached to the earth.

I. Unmanufactured tobacco- Per lb.

(1) if flue cured and used in the manufacture of cigarettes containing-

( i ) more than 60 per cent. weight of imported tobacco.

Seven rupees and eight anilas.

(ii) more than 40 per cent. but not more Five rupees. than 60 per cent, weight of imported tobacro.

( i i i ) more than 20 per cent. but not more ' Three rupees and than 40 per cent. weight of imported eight annas. tobacco.

( i v ) 20 per cent. or less than 20 per cent. weight of impo$ted tobacco. -

Two rupees and eight annas.

(v ) no imported tobacco. . One rupee.

( 2 ) if flue cured and used for the manufacture Seven rupees and b of smoking mixtures for pipes and ciga- eight annas.

rettes. \

(3) if flue cured and not otherwise spxified. . One rupee.

(4) if other than flue cured and used for the Nine afinas ~snufacture of jaj cigarettes or (b j smoking mixtures for pipes and cigarettes.

( 5 ) if othor than flue cured, and not ordinarily Fourteen snnas. used for the manufacture of (a) cigarettes or ( b ) sm~king~mixtures for pipes and cigarettes, but capable of being used for the manufacure of biris.

(6) if other than flue cured and not otherwise specified. I

Rix ttnnas.

(7) if used for agricultural purposes . N i l .

(8) Rtalks . One anna. '

11. Manufactured tobacco-

(1) Cigars and cheroots of which the varue- Per hundred.

' ( i ) exceods Rs. 30 a hundred. . Twelve rupees.

( i i ) exceeds Rs. 25 a hundred but does not exceed Rs. 30 a hundred.

Ten rupees.

(iii) exceeds Rs. 20 a hundred but does not Eight rupees. exceed Rs. 25 a hundred.

( i v ) exceeds Rs. 15 a hundred but does not '

Rix rupees. exceed Hs. 20 a hundred.

Finance ' (v) exceeds Rs. 10 a hundred but does not

exceea Rs. 15 a hundr'ed. '

- (vi) exceeds Rs. 5 a hundred but does not '

exceed Rs., 10 la. hundrcd.

- (vii) exceeds Rs. 2-8-0 a hundred but does not exceed Rs. 5 a huncbred.

(viii) exceeds Rs. 1-4-0 a hundred but does : not exceed Rs. 2-8-0 a hundred.

(is) exceeds I4 annas a hundred but does not exceed ,Rs. 1-4-0 a hundred.

'Cigarettes of whichbhe value-

( i ) exceeds Rs. 50 a thousand .

( i i ) exceeds Rs. 40 a thousand but does not exceed Rs. 59 a thousand.

(iii) exceeds Rs. 30 a thousand but does not ' exceed RE. 40 a thousand.

(49)- exceeds Rs. 25 a thousand but does not exceed Rs. 30 a thousand.

( v ) exceeds Rs. 20 a thousand but does not exceed-Rs. 25 a thousand.

Four rupees. '

Two rupees.

One rupee.

Eight annas.

Four annas.

Per thousand.

Twelve rupees and eight annas.

Ten rupees.

Seven rupees and eight annas.

Six rupees agd four, annas.

Five rupees.

(vi) exceeds Rs. 16 a thousand but does not Three rupees and ' exceed Rs. 20 a thousand. twelve annas.

,(vii) exceeds RE. 10 a thousand but does not Two rupees and exceed Re: 15 a thousand. twelve annas.

'viii) exceeds Rs. 7-8-0 .a thousand but Ona rupee and does not exceed Rs. iG a thousand. . eight annas.

(is) does not exceed Rs. 7-8-0 a thousand. One rupee".

(2) The amendments made in the Central Excises and Salt t;1944, by sub-section (1) shall be deemed to have had :ct on and from the 1st day of March, 1951, and according- -

(a) refunds shall be made of all duties collected which would not have been collected if the amendments had come into force on 4Hat day, and

(b) recoveries shall be made of all duties w2iich have not been collected but which would have been collected if

, the amendments had so come intd force.

8. ~dd i t i dna l duties of excise.-When any goods chargeable h a duty of excise.under the First Schedule to the Central :ises and Salt Act, 1944, the 31st day cif March, lition to, and in the sa rgeable-

(a) as respects motor spirit as defined in Item No. 4 of that Schedule, a surcharge equal to 5 per cent. of such

' amount: .T-...-....------...,.... . _ _ _ . . - - . . ._ _._____l____.-_ a - * m.~-5.3yArtz?y/p/42~:

2 -9 -.+A. !7 7A-d f9FICt53, - ";r 3 *. %-s-lo9& ~ 7 + / 9 r n 4

Finance

(i) where the retail price is at a rate exceeding 2 annas, but not exceeding 54 annas per ten cigarettes, re surcharge calculated at three pies for every ten cigarettes, and

(ii) where the retail price is at a rate exceeding 5) annas per ten cigarettes, a surcharge calculated at the rate of six pies for every ten cigarettes.

.

9. Discontinuance of saIt duty.-For the year beginning on the 1st day of April, 1951, no duty shall be levied on salt manu: factured in, or imported by sea or land into, the territory of India excluding the State of Jammu and Kashmir.

THE FIRST SCHEDULE

(See section 2) - PART I ,

. Rates of Income-tax

'A . In the case of every individual, Hindu undivided familj unregistered firm and other association of persons, not being case to which paragraph B or paragraph C of *this Pa applies-

Rate Surcharge 1. On the first RR. 1,600 of Nil . Nil.

total income. 2. On the nekt ~ s . ' 3 , 500 of Nine pie^ in the rupee. One-twentieth of t

total income. rate specified in t preceding column.

3. On'the next RR. 6,000 of One' nnna and nine Do. total income. pies in the rupee.

$. q n the next Rs. 5,000 of Three annas in the Do. total income. mpee.

6. On the belance of total in- Four annw in the Do. : come . rupee.

Provided that-

, (i) no income-tax shall be 'payable 'on a total incor, which before deduction of the allowance, if ady, for earn. income, does not exceed the limit specified below;

(ii) the income-tax payable shall in no case exceed h: the amount by which the total income (before deduction the said allowance, if any, for earned income) exceeds t said limit;

r (iii) the income-tax paydble on, the total income as

duced by the allowance for earned income shall not exce , either-

i

(a) a sum bearing to half the amount by which :. total income (before deduction of the allowgnce

I

earned income) exceeds the said limit the same propup tion as such reduced total income bears to the unre- duced total income, or

(b) the income-tax payable on the income so reduced at the rates herein specified,-

whichever is lgss.

The limit referred to in the above proviso shall be-

(i) Rs. 7.200 in the case of every Hindu undivided family which satisfies as at the end of the previous year either ofl the following conditions, namely : -

(a) .that it has at least two members entitled to claim partition who are not less than 18 years of age; or ' (b) that it has at least two members entitled to claim partition neither of whom is a lineal descendant of the other and both of whom are not lineally descend- ed from any other living member of the family; and

'

(ii) Rs..3,600 in every other case: Explanation.-Bor the purposes of this paragraph, in the case

of every Hindu undivided family governed .by the Mitakshara lqw, a son shall be deemed to be entitled to claim partition 08 the co-parcenary property against his father or grandfather,. notwithstanding any custom to the contrary :

Provided further that- ,

(i) no surcharge shall be payable on a total income which before deduction of the allowance, if any, for- earned income does not exceed the limit specified below;

(ii) the surcharge payable shall in no case exceed half ' the qmount by which the total income (before deduction of the said allowance, if any, for earned income) exceeds

. the said- limit.

The limit referred to in the above pr'oviso shall be- (i) Rs. 14,400 in the case of every Hindu undivided

family referred to in the preceding proviso; (ii) Rs. 7,200 in every other case.

B. In the case of every company- Rate Surcharge

On the whole of total income . Four annas in the One-twentieth of the rupee. rote ~pecified in the

preceding column r Provided that in the case of a company which, in respect of

ts profits liable to tax under the Income-tax Act for the year ?riding on the 31st day of March, 1952, has made the prescribed irrangements for the declaration and payment within the ter- :itory of India excluding the State of Jammu and Kashmir, oi! he dividends payable out of such profits, and has deducted .uper-tax from the dividends in accordance with the provisions )f sub-section (30) or (3E) of section 18 of that Act-

(i) where the total income, as reduced by seven annas in the rupee and by the amount, if any, exempt from income-tax, exceeds the amount of any dividerids (including - ,

Finance

nds payable at a fixed rate) declared in rCspect o hole or part of thc previous year for the assessmen e year ending on the 31st day of March, 1952, and no has been made under sub-section (1) of section 23A Income-tax Act, a rebate shall be allowed, at the rate

of one anna per rupee on the amount oLsuch excess;

- (ii) where the ambunt of dividends referred to in clause (i) above exceeds the total income as reduced ' by seven annas in the rupee and by the amount, if any, exempt from income-tax, there shall be charged,on the total income an additional income-tax equal to the sum, if any, by which the aggregate amount of income-tax actually borne by such excess (hereinafter referred to as "the excess dividend") falls short of the amount calculated at the rate of five annas per rupee on the excess dividend.

For the purposes of the above proviso, the expression "dividend" shall have the meaning assigned to i t in clause (6A) bf section 2 of the Income-tax Act, but any distribution included in that expression, made during the year ending on the 31st day of March, 1952, shall be deemed to be a dividend declared in .respect of the whole or part of the previous year.

For the purposes of clause (ii) of the above proviso, the .-aggregate amount of income-tax actually borne by the excess dividend shall be determined as follows : -

(i) the excess dividend shall be deemed to be out of the whole or such portion of the undistributed profits of one or more years immediately preceding the previous year as would be just sufficient to cover the amount of the excess .dividend and as have not likewise been taken into account -to cover an excess dividend of a preceding year;

(ii) such portion of the excess dividend as is deemed to be out of the undistributed profits of each of the said years shall be deemed to have borne tax,--

(a] if an order has been made under sub-seetioh (1) of section 23A bf the Income-tax Act, in respect of the undistributed profits of that year, at the rate of five

,

annas in the rupee, and

(b) in respect of any other year, at the rate applicable to the total income of the company, for that year reduced by the rate at which rebate, if any, was allowed on the undistributed profits.

C. In the case of every local authority and in every case in which under the provisions of the .Income-tax Act, income-tax '

ds to be charged at the maximum rate-

. , Rate Surcharge

*On the whole of total inoome . Four annas m the one-twentieth of the rupee. rate qecified in the

preoeding oolumn.

Rates of Super:tax . A. In the case of every individual, Hindu undivided- family, unregistered firm and other association of persons, not being 3 case to which any other paragraph of this Part applies-

Rate Surohage 1. On tho firat RR. 25,000 of total Nil . . Nil.

income. 2 . On the next %. 15,000 of total Threo annm in the One-twentieth of the

income. rupee. ratu ~pecirGed in t h e preceding o o l w .

3. On the noxt Rs. 15,000 of total ~ncome;

4. Op the next Rs. 15,000 of total Income.

6. On the next Rh. 15,000 of total income *

6. Op the next RR. 15,000 of total income.

7. On tho next Rs. 50,000 of total . income. , - 8 . On the balance of total income .

Four snnm in the Do. rupee.

Six annm in the Do. rupee.

Sevon annm in tho DO. ~ rupee. Seven m d a half Do. annas in the rupoe.

Eight annm in the Do. rupee.

Eight and a half Do. annas in the rupee.

B. In the case of every local authority :- Rate Surcharge

On the whole of tot a1 income . Two and a half annaR Throe pies in the in the rupee. rupee.

^ C, In the case of an association of persons being a co-operative bciety (other than the Sanikatta Saltowners' Society in the *ate of Bombay) for the time being registered under the Co- perative Societies Act, 1912 or under any law of a State I of 1912 overning the ~egistration of co-operative societies-

Rate Surcharge .I. On the first Ra. 25,000 of total Nil . . Nil.

incdme. 2. On tho balance of total inoome . Two and a half annas Three pies in the

in the rupee. rupee. , D. In the case of every company: -

Ratv

On tho whole of total incoino . Four annas'and nine pies in the rupee :

Provided that-

(i) a rebate at the rate of three annas per rupee of the total income shall be allowed in. the case of any company which-

(a) in respect of its profits liable to tax under the Income-tax Act for the year ending on the 31st day of March, 1952, has made the prescribed arrangements for the declaratio~ and payment in the territory of India excluding the State of Jammu and Kashmir of the dividend payable out of such profits and for the deduc- . tion of super-tax from dividends in accordance with the provisions of sub-section ( 3 0 ) or ( 3 E ) o,f section 18 of -

I

, that Act, and

. .

ina

(b) is a public company with total income not exceeding Rs. 25,000;

(ii) a rebate at the rate of two annas per rupee of the total income shall be allowed in the case of any co'mpany which satisfies condition (a), but not condition (b), of the preceding clause; and

(iii) a rebate at the rate of one anna per rupee of the - total income shall be allowed in the case of any company

which, not being entitled to a rebate under either of the weceding clauses, is-

(a) a public company whose sharcs were offered - for sale in a recognised stock exchange at any time

during the previous year, or

(b) a company all of whose shares were held at the end of the previous year by one oi- more such public companies as aforesaid :

Provided further that the super-tax payable by a company the total income oi which exceeds Rs. 25,000 shall not exceed the aggregate of-

(a) th6 super-tax which would have been payible by the company if its total income had been Rs. 25,000, and

(b) half the amount by which its total income exceeds Rs. 25,000.

Explanation.-For the purposes of this paragraph of this Part, a company shall be deemed to be a public company only if it is neither a private company within the meaning of the

Y I of 1013. Indian Companies' Act, 1913, nor a company in which shares carrying more than fifty per cent. of the total voting power were, at any timeAduring the previous year, held or controlled by. less thar six -persons.

THE SECOND SC.HEDULE

(See section 5)

Goods on wiiich additional duty of customs is not levidble

Goods comprised in the following Items of the First Schedule S'YXT1 1934. Of to the Indian Tariff Act, 1934, namely,-

(See section 5 ) :oods on which additional duty of customs at five per cent. is

leviable Goods comprised in the following Items of the First Schedule

3 the Indian Tariff Act, 1934, namely,-

THE CODES OF CIVIL AND CRIMINAL PROCEDURE

~..-----."----"

No. XXIV o~ 1951

An Act further to amend the Code of Civil Procedure, 1908 1 3 and the Codc of Criminal Procedure, 1898 '

[ l a t May, 19511 i 3

B it enacted by Parlia~r~ent as follows :- 1 f

1. Short title.-This -Act may be called the Codea of Civil and Criminal f rocedure (Amendment) Act, 1951. 1

i 2. AmenLament of Act V of I908.-In the Code of Civil Procedure, 1

1908,-

(9 tm section 113, the following proviso shall be added, I namely : - I

'Pro~ided that where the court is satisfied that a case pending heforc it, involves a question a6 to the validity of any Act, Ordinance m Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination. of which is necessary for the disposal of the case, and is of opinion that; such Act,' Ordinance, Regulation or provision is invalid or inoperative, but has not heen SO declared by the High Court t o which that court is subordinate or by the Supreme Court, the aourt shd l state a case setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court.

Xspla*lation.-171 this sectio11, "Regulation" means any Regulation of the Bengal, Bombay or Madras Code or Regu- lation as defined in the General Clause8 Act, 1894. or in the General Clauses Act of a State. ';

(ii) in Order XLTrI: of the First Schedule,-

(a) after rule 4, the following rule shall be insert& xnamely : -

"4A. The provisions of rulcs 2, 3 and 4 shall apply to any reference by the court under the proviso to section 119 as they apply to a reference under rule 1"; and

(b) in rule 5, after the words and figure "under rule 1" the. words and figures "or under the proviso to section 113" shall ba inserted.

, 4,. 6 .

114 bb

h"' I

'f t

3, 2 Civil and Crimi~zal Procedure (Amendment) [ACT XXIV OF 1951,j

3. Substitution of new section for section 432 in Act V of 1898,-For seotion 432 of the Code of Criminal Procedure, 1898, the following section shell he ~nbsti!uted, namely :-

'432. Reference to High Court.-(1) Where any court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of apy provision oontained in an Act, Ordinance or Regulation, tho determination of which ie necessary for the disposal of the case, and is of opinion that suoh Act, Ordinance, gegulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that court is subord~nate or by the Supreme Court, the court shall state a cage setting out its opinion and the reasons therefor, and refer the same tor the decision of,the High Court.

Explanation.-In this section, "Regulation" meads any Regula. tion of the Bengsl, Bombay or Madras Code or Regulation as define& in the General Clauses Act, 1897, or in the General Clauses Act of a State.

(2) A pl-esidency magistrate may, if he thinks fit in any case pending bgfore him to which the provisigns of sub-section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.

(3) dny court making a\reference to the High Court under sub- section (1) or sub-section (2) may, pending the decision of the Higb Court thereon, either commit. tho accused to ]ail or release him on b d l t o appear when called upon.'

--. .- -. --

No. XXV OF 1951. I

I

n Act to provide for the erection and management of a National Xemorial to perpetuate the memory of those killed or wounded ' on the 13th day of April, 1919, in Jallianwala Bagh

[ l e t M a y , 19513 E it enacted by Par:iamc:nt as follows -

1. Short title.-This Act may be called the Jallianwala Eagh National, amorial Act, 1951. e

2. Bef lq i ' t i~ . - In this Act, u~iless the context otherwise requires,-

(a) ' "~~emor ia l" means the Jallianwala Bagh National Memorial to prpetuate the memory of those lrilled or wounded on the 13th 1 1 i y of April,

- 1919, on the site known as the Jallianwala Bagh, Amritsar; (b) "Trust" means the Trust for the erection and management of the

Memorial ; (c) "Tru~tees" mcans the Trustees of tho Jullin~lwulu Bagh Nu,ti~nal

Memorial. 3. obiects of the Trust.---'The objects of the 'Trust shal! be--

(a) to erect and maintain suitable buildings, structures and parks a t or oear the site of the Jalliallwala Bagh in the city of Amritsar, to perpetuate the memory of those who were killed or wounded on the 13th day of April, 1919, on the said site;

(b) L o acquire lerldh, builditlgs ~ r ~ d other properlies for the purposes of the Trust; and

(c) to raise m d receive funds for the purposes of the Memorial.

4. Trustees of the JaUiranwala Bagh National Memorial.-(1) The Eus tees the Jallianwala Bagh National Memorial shall be the following, namely:-

(a) Shri Jawaharlal Nehru, ( b ) Dr. Saifuddin Xitchlew, (c) Maulana Abul Xalam Azad, (d) the President of the Indian National Congress, (e) the Governor of the State of Punjab, 9-

( f ) the Chief Minister of the State of Punjab, and (g) three persons nominated by the Central Government.

(2) The Trustees shall' be a body corporate with perpetual succession by the ,

ne of the "Trustees of the Jallianwala Bagh National Memorial" and a

Price anna 1 or l ad .

@

2 Jallianwala Bagh National Memorial [ACT xx ,. common seal, and in that name shall sue and be sued, and shall have power I

acquire and hold property, to enter into contracts and to do all acts necessa.1 for, and consistent with, the purposes of this Act.

5. Term of office of Trustees.-(1) The three Trustees mentioned in ciausc [a), (b) and (c) of sub-section (I) of section 4 shall be Trustees for life.

(2) Every Trustee nominated under clause (g) of the said sub-section shall I: a Trustee for a period of five years, and shall be eligible for renomination.

6. Property vested in Trustees.-All the property and funds set out in t t k h e d u l e to this Act and all other property, whether movable or immovabll w'hioh may hereafter be given, bequeathed or otherwise transferred for th purposes of the Menlorial or acquired for the said purposes shall vest in t l Trustees.

"7 Power of Trustees to appoint eommittee of management.-(1) For tk purposes of maiiagiilg the affairs of the Trust, the Trustees may, by r,esolutic passed a t a meeting, a p p ~ i n t a committee of management, and entrust to it sur powers, duties and functions, under such diirectiolns and limitations, as may I defined by such resolution.

(2) The Trustees may appoint any persons as members of the committee management, whether such persons are Trustees or not, and may, from time time, vary or rescind any resolution passed by it under this section. . .

8. Validity of acts of Trustees not to be questioned by r e a m of vaearsc htc.--No act of the Trustees shall be deemed to be invalid merely by reason any vacancy in, or any defect in the constitution of, the body of Trustees.

9. Power to make rules.-(1) The Central Government may, by notific~tic b the Official Gazette, rnake rules to carry out the objects of this Act.

(2) I n particular, and without prejudice to the generality of the foregob power, such rules may provide for-

(a) the manner in which funds belonging to the Memorial shall be keg deposited or invested;

(b) the mode of authentication of orders for payment of money by .t Trustees ;

(G) the form in which accounts shall be kept by the Trustees and t' audit and publication of such accounts;

(d) the laying out, erection, improvement,. maintenance and manag ment of the Memorial and the care and custody of the properties thereof;

(e) the conditions under- which the public shall have access to t Memorial or particular parts thereof and the regulation of the conduot persons entering the precincts of the Memorial;

( f ) the preservation of, and the preveiition of injury to or interferen with, any property vested in the Trustees and the prevention of pertio from trespassing into any particular part of the Memorial.

(3) A rule made under this section may provide that a breach of any rx made under clauses (e) and (f) of sub-section (2) shall be punishable with fi which may extend to one hundred rupees.

10. Power of Trustees to make regulations.-The Trustees may ma, regulations consi-tent with this Aot for all or any of the following purposr namely:-

(a) the manner in which meetings of the Trustees shall be convene the quorum for tho lransaction c?f any business thereat and the procedu a t such meetings;

( b ) tho manner in which a majority decision of the Trustees shau b obtaiued by circulation to the Trustees of the matter requiring decision;

(cj the term of office of members of the committee of menib~emmt, -r thelr powers and duties, and the circumstances in which and the condi$iono eubject to which such powers and duties may be exercised;

(d) the appointment of such officers and servant0 as may be neoesmv ,' fur the purposes of the Trust, and their terms and conditions of serrics. 1

THE SCHEDULE (See bection 6 )

[Properties vested in Trustees at commencement of tfct.]

PART I-IMMOVABLE PROPERTIES.

1. The piece of land known as the Jallianwala Bagh, Amritsar, rneasurQ 49 lcanals 17 marlas, that is to say, 6;z6 acres or thereabouts.

2. Two pieces of land, one measuring 49q by 31 feet or thereabouts, and the ' other 35 by 9a yards on the east and by 8 yards on the west or thereabouts, and oonveyed to the then Trustees of the Memorial by a deed of salo, registered w the 20th September, 1920 as No. 5960, Bahi No. 1, Volume No. 1572, pagea 1P bo 46 of the office of the Registrar. Amitsar.

I 1

8. All the buildings and other structures standing an the lands referred to ia i &ems 1 and 2 above. I

p-

PLem No.

Description of inveatmenta Amount

Rs. A. F.

I., Uovernment of Madras, 3% loan, 1952, No. D.H. 000031. 25,000 0 0' 2. Government of Madras, 3% loan, 195ar No. D.H. 000035. 25,000 0 0 8. Fixed Deposit in the Central Bank of India, Ltd.,

Axmitsar. . 1,10,000 0 0 4. Interest aocrued on Itrm 3 up to 14th Xovember, 1950. 2,760 0 0

I n curmnt account in the Central Bank of India, Ltd., Amritsar . . . . .

Qovermont of Utter PrlEdesh loan, 1960, purchased through the Punjab National B nk, Amritsar .

Amount plaoed in sundries in the Punjab National Bank, Amritsar . . . . . . .

Fixed Deposit in the Rank of Nagpur, Ltd., Werdah, unc!er receipt No. 00515 . . .

Interest on Item 8 above . . . ( . . . 3,691 4 0 Fired Deposit in the Bcnk of N.-gpcr, LMi, Wardah,

under receipt No. 00619 . . . . . 40.330 13 0

Interent on Item 10 above . . . . . 1,810 14 0 In current acoount with Mescr3. Bachhsraj and Co., Ltd.,

Bombay . . . 9,573 6 0 Caeh in hand on 24th No\ ember, 1950 . , . 1,892 0 9

Monoys doe from Government by way of refund of exce& inoome-tsr . . Amount not known.

T H E ITNLAN D STEAM-VESSEL .i Z

v *--_____E______IP.___

No. XXVI OF 1951 t C - 4

An Act furlher to amendithe Inland Steam-vessels Act, 1917. 17, 1

[3rd M u y , 19511 1 i BE it enacted by Parliament as follows:- 1

1. Short title and commencement.-(1) This Act mag be called the 1 bland S team-vessels (Amendment) Act, 1951. i

(2j 'Phis section alld sections 2 and 9 shall come into force at once 1 and the remaining seetioils shall come into force on sucli dntt? a. th; -4 I Central Government mag, bg notification in the Official Gazette, appoinb.

3, Amendment of section 1, Act. % zi 191'7.-In section 1 of the Inland Steam-vessels Act, 1917 (hereinafter referred to as the principal Act), for sub-sections (2) and (3), the jollowing sub-section shall be substituted, . namely :--.

.'(2) It esieilds to the whole 9i India cxccpt the State of Jarnmtr and ICsshmir :

Provided that it shall ' not come 'into force' in the Statea of 'I'r;a~~~~licore-Cochin and Madras 01. jn - that part of the State of. Orissu which on the 31st day of blarch, 1936, was included ia the 6tat.e of IvTndres, unless the St,ate Government concerned, by natification i n the Official Gazette, so directs."

3. Insertion of new Chapter IIA in Act 4 of 1917.-In the principd Art, aftpi; Ciyapter IT, the fo1lo:i;ing s'n:ill be inserted, namely : --

"CHAPTER I I A

19A. llrland. sieanz-vessels n o t to proceed on- voyage or be used fo r sel'vice without certificate of registratio~z.--(1) An inland stes:;s 'vessel sbal; not proceed on any voyage or be used for ally ser-vice, unless i t ha's a certificate of registration in force in respect thereof ~ 7 ~ d graljtifd u1:dt.r this Act . .

Nothing in this sectioa ,.-lln'l .

(a) apply to any steam-vessel built a t any place other than a l~lace of registry and ma!ting her first Toyage to any such p l a c ~ fo r the ptirposz cf registration; or

." .;

nlana Steanz-uessels. (Amen,d,tnewt) . .LACT xxvr . , .- , , -- , -

( b ) be in derogation of the provisions contained in section 3.

IbB. Place of regastry and registennp authorities.-(1) The Sta te Government may, by notification in the OEcial Gazette,-

(-a) declare such places \\litl~in the territories under its ad- ministratioil as it thinlts fit to be places of registlry; and - <

( b ) appoint registering autliorities a t the said places for the i);trposes cf this Act.

(2) Every person appoirited as a registering authority shall, for the purposes of any registration irlzde by h ~ ~ n , be deeined t'o be a public servant within the l l~eani~lg of the lndinn I'ena.1 ('ode (Act XLV of 1560).

19C. UOOJ~ of registration.-Ah every place of registry, s book shall Ile kept by the registering auchority iri which all t he particulars contained In the form of the certificate of registration shall be duly entered and s u ~ h registering authoritg shall, immediately after regis. tering any inland stearn-vessel or within one nlollth a t the furtliest, send to t h s State Gororiiinent a true and exact copy, together with the number, of every certificate which shall be so granted by i t .

19D. ' Application for r8gistratiotq.-A.n application for registration X - of a,n inland steam-vessel shall b e m:lie by the o w n e r or master of

. . ' the vessel. in such form and shall c:octttin such perticulars a s ;nay b e

prescribed and shall be by. s copy of the carti6cat,e of , silrvey in force issued in respect of the vessel. -

19E. Places of reglstrc~tion.-(1) Every a.pplication for registra- tioil slia!l be made to a kegisteiing :il:t;hority within the local I l rn i ts of .ivl~ose'juri~dic:t,iori the owner of the inl3nd stea~ri-ve,ssel ordinarily resides or carries on businas .

( 2 ) Where the owner epp j~ ing . for n certificate of regist,rut,ion is a conlpaily registered under t ho Indi:*n C:oinl~n:liei; Act. 1913 (VII of 1913), the itppiicatio;~ nray be tilade to a registr!liag authority within . .

the local limits cJf whnne i11rid;~tion -the principal office of the cornpang is sit,uat,e.

(3) Notwithstanding allything co:ltei!>ei! in i.i.lis seei.ion, a n in-- land stearn-vessel n7:j.y bo registered I)p a registeriug anthority in nny Sta.te, althougl\ the oxvner does ilct orAirlnrilg reside or uarrg on business in tha t Sta.te .-or, if a r-ornjjnny, the principal p h c e of h l ~ ~ i - ness of the company is not situate i:i tIhak 8tnt:e:

9 9

Plsorided that the 'Governn~ent ot the Sta te in nhich the 0117uan ordinarily reside? or carries on business, or in t h e case of s compa?iy the Go\rerument of the State where the yriucipal place of busilleaa sf t h e cornpang is situate, has accorded its previous a p p r o ~ a l thsrefo.

19Y'. Grnnl of cerf i f ica t~ of registration.-(1) If, in respect, of any inland steam-x-esscl, the registzriny authority. after making suoh inquiry as i t tl~inlcs fit, is s,~tisfiad that the provisions of this Act or of a7?y ru!es made thereunder have been c:mlplied with, i t shall grant to t h e applicant therefor a certificate cf registration comprising suoh

- particulars a s may be prescribed on payment of the preficsibed fee.

(2) A registering authority may reiuse to register ail lllland steam- vessel, if she is found to be mechanicaliy defgetivc, or if the applicant fails to furnish satisfactory evide~lce In s ~ ~ p p o r t of 211y of the statements made in h ~ s appl~ua t i ,~n :

Provided that where the registering authority refuses to regiater any inland steam-vessel, it shall fwnish tjo the applicant a statemen9 in w r i t i ~ q containing the reasoris for such refusal.

19G. Automatic registration of inland steam-vessels regis~erdd , ,ruder the Merchant Shipping Acts.-Where an application is made

under this Act for the registration of all 1n13nd stearli-~essel registered u ~ d e r the merchant ,shipping Act, 1894 (57 and 56 Vict., c. GO), a8 amended by a n y subsequent enactment, the registering authority shall, on receipt of such application and any fee that may be prescribed, and on being furnished with satisfactory proof of the fact of such registration, grant to the applicant a certificate of registration un~ler this Act.

19H. ?..larking .of in,land steam-vessels.-Where an inland s team- vessef has been 'registered under bhis Chapter, the registering' autho- .rity shall assign Lo the vessel, t,o Ise displayed t!je?eon ~ ~ o i ~ s p i ~ u o u s l g :in the prescribed manner? a distinguishing mark, hereinafter in this Act referred, to as the registratior~ n-t1:r!z.

! 91 Pmhilritiotl against transfer of certificale o j ~eyls l~.r~f ian .- (I) A certificate of registr:~tion granted in rcspeoi of any icland steam- vessel shall be used only for the 1u:vful navjgatioiz of that vessel. .

(2) A certificate of registration in respect of an inland steam- -vessel issued by a registering s u t h o r i t ~ n i one State shall be valid for that State only, hut where any such vessel plies in illland waters of more than one Btate, nothing in this secthn shall be deemed to require the owner or master of the vessel to obtain a fresh certificate of registration in relation to the State or States in which the vessel is not so registered:

Provided - that the owner of the vessel has not ceased t o reside or carry on business in the S t a a in which the vessel was originally registered.

19J. Registration of a1te~ations.-(1) When ah inland steam. vessel is so altered as not to correspocd with the particulars relating t o her or the description enterzd i l l the certificate of registration then the owner of the vessel stlall, within such period as may bt prescribed, make a report of such alteration to the registering authori ty of the place where the vessel is registered.

( 2 ) The report under sub-section (I) shall b.: made in such form and shall contain such particulars with respect to the alteration aa md~ery be prescribed and shall be accompanied by the certificate of registration in farce in respect of tha ve~se l a t ills time of the report.

(3) The registering authority, on rweipt of the report under sub- section (I) and on payment of the prescribed fee, shall either cause the alteration to be registered or direct that the vessel bo registered me w:

Provided that where the registering authority directs that tb v m e l be registered anew, it shall either grunt a provisional ce&-

. '.ficate describing the vessel RS altered or provisionally endorse the partic~llars of the alteration on the existing ccl.tificate.

(4) Any provisional certificate granted or endorseniellt luads under the provisions oI this fiection shall be vajid a period of one t-c~onth from the date thereof, within which period the-owner shall cause ail necessary steps to be taker1 to Lave the vessai reaistered mew.

18K. Transfer of registry.-(1) The registry or an inland steam- vessel may be transferred frorn one place in a State la mother place in another State on the application by the owner or master of the vessel to the registering authority of the place where the ve~se l b registered.

(2) On recoipt of such applioation, the rregistering xutllority s i l~ t i fransmit notice thereof to the regiuljl.ring authoritg of the infended place of ~ e g i s t r ~ with a copy of all partic:uiars relating to the ~u:..sel.

(+The certificate of registra.tior; in respect of the vessel s~&llc be delivered up to the regisbering au~hcri tg kither- of the existis:; or- intended -place of registg, a~ici, if dsiivzrc-::.i' up to the former: shall be t rans~i t tgcl to the regist;?ring au"uilor.ity of the' intended i:;ac:t? of ~egiet-i: . .

(4) O r receipt of 'the documents, reierred to ill sub-section (2) sad (3) and Jhe prcscribecl fee, if any, the registering ~uii~.ori$y of the bt!ended plzce of registry shall enter in its register book all the pwti. culars so transmitted as aforesaid :lnd g:>nt 3 fresh :.ertificate of registratior~ in respect of tha vessel and thenceforth such vessel shalf

-be coilsidered ns registered a t the new piace of registry.

19L.. Chcingr, of rasidencs or place of b.usit~ess.-(1) TI the ownof b . of an inlanc? steam-vessei ceitses to reside or c ~ r r y on 'cl~siness a t thdj

address recorded iu the cectifksts cf rilgis(retjoil of thc mssel, he sbali, withjil thirty days of the change of address, i11oirn:~te tiis new nildress Co the registeying a~!t.horitg by w1~ic:h tlie ci?r.t.ilickt~e cf r g s t r u - . . ;;cn ma.; granted, or, I F !ihc new ;2ddres~ is witiiiil the jurisciiation of

; another registering authorihy, to that registering authority, an$ shall at the snme ;time fornlard the cei*tific:;.le of rqistratio~i to the register-' igg aut.hority in order-that the new fidd.:ri.ss ill2y !)a entered 'i?~$reon.

(2) ~ h e s e a registering authority other than the originol registering a.ilthority makes ally such encry, i t shsil co&;municnte the now

-. address to the criginp,! registering a11i;hority.

19M. Prohibition against' transfer of ownership of ~egle tarod vessel.-(1) An inland steam-vassel registered under this Act in one Sta,t,e shall not. be tra~isferred to n person rc~sident ir, another State in India or in any country outside 'India, wit!.~out the previous approval: of the (3cverninent of the State ill' w!:.ie,h thl? ves;:! is registered:

Provided tllat ..here ail inland s t ~ i l n l - v e ~ ~ q l is also registered under the Merchant Shipping Act, 1894 (57 and 58 Vict., c. 60), as amended by any subsequent enactme~lt, this sub-section shall have effect as if lor the worcls "the Goverilment of the State in which the vessel is registered ", the words "the Central Government" had been substituted.

(2) Subject to tho provisions of sllo-section ( I ) , the ownor of an inland steam-vessel reg;stered under this Act and :he trarisferee thereof sha!l. vrithili thirty days cf the transfer of olvnership of the

, aaid vessel to the tr:msieree, joilttly make a report rf the transfer to 1 the registering authority within the local limits of ~vhose lurisdiction the transferee resides or carnes on business and shall also forward the certificate of registration to that registering authority, together with the prescribed fee, in order that particulars of the transfer of r>m&ship may be entered thereon.

19H. Suspension of ccrtljicates of registration.-(1) A rsgister- ing authority may suspend, for such period and subject to such conditions as i t thinks fit, hhe certificate of registration of an inland steam- vessel, if it has reason to believe that after the gra~lting of the certificate the vessel has btcome unfit to ply in inland waters.

(2) SVhere the registration of o : ~ m!xnd st,earn-~~esse: is suspe~rded under sub-section (1) for a periad of not less than cino month, the registering authority ordering the suspension shall, if it is nob the origins1 registering authority, inform that other authority of the fat$ of scch suspension. y

(3 ) The registering authority suspending the certificate may re- . 1 quire the owner 01. inaster of the vcssel to ilsliver up the oertificake so- !

, eus;pen.clsd to itself or, if it is noC, the origiual registering ti.uthoadty,.. Lo tlizt other authority.

(4) A certificate of registration surr&dered under this ssction shall be returned to Chc owner when the order suspending the sarlii- fie,& has been rescinded or has ceaaca t,o operate. +

1.90. Culzce1latto.n o f ~ey i s t ra i i~ r , . - - (1 ) If an iniand $earr,-tressel. hsa been destroyed or has been rendered permanently unfit for serviaa, the 0,wne.r of the vessel shall, with the hast. prscticable delay, report- $he fact to the registerjng authority r ~ f t,he !,lace where 'the 'vessel is ,

- registered and. s h ~ l l also fo~ward t o that authority, along with the- r e p ~ r t , the certiEcate of registrati~n of Iha vessel and thereupon the- registering auti1orit-j shaU hsve the certificate of reg'tstratio~~ cancellad.

(2) Piny registering a.uth0ril.y may at ally tillre recj~iiro that any inland stea:n-vessel within the ioca.1 limits 'of its jurisdiction mag. be inspected by such autllority as the State Coverair~ent .may, by general or special order , a p ~ o i n t in this behalf and, if as n resuit of sueh inspection, the registering authority is satisfiecl Ghab tlie yeast$: is in such condition that i t is nor, fit $3: ~ l y in any inland water, the reg-i~t~ering authority n!a,y, after gi\ri::g !;ko ~?..i.at?;. QI the -,~i-sse! an opportunity of being heard, cancel the re gist ratio^ of the vsgsel acd re-quire the owner thcreo! to surrunder forthwit11 t o the registering

.iuthority, thc cc~tificnte of regishation in respect of that vessel, if-.@. ha8 . . not already been so surrendered.

19P- Appeals.-(7) Any pcrscln gggrie-ved by an order---

(a) refusing to register ally irilarid steanl-vessel under reotion 19F; cr

h

( b j suspending a certificate of . r o~ i s t r a t i~> r~ under sectior~ 1 9 N ; or

(s) . callct:!ililg a cercifitlr::-tte of registiration ui~der' aub-section (2) of section 190,

may, within thirty days of the date on which he receivss notica 01' such order, appeal against i t to the State Governlnent.

(2) The State Clover

manner as may be prescribed, imd after giving an opportunity to t h a t authority and to the appellant to be heard shall pass such order thereon as i t thinks fit.

19Q. .F ,kc fpro~~i fy . -T here the Central Government is satisfied that by the law or practice of any country oulside India, inland steam- ve~se l s having a certificate of registrhtioil in force under this A c t

(a) obtain by reason of such registration any spacial exemption in that country while plying in the inland wat-err thereof, or

( b ) are required as a condition of plying in the inland w ~ t e r a of that couiitry to comply with any special requirement, whekher by way of rcg~stration anew or payment of a fee or otherwise,

the Central Government may, by notification in the Official Gszette, for the purpose of reciprocity, direct that the same exemptioncor requirement, or an exemption or ab requirement as similar thereto as may be, be granted to, or imposed upon, inland steam-vessels registered in that country while plying in the,Inland waters of the territories h which this Act extends.

19R. Pozuel. to make rules.-(1) The St&te Governinant may $ make rules to carry out the objects of this Chapter.

I (2) Tn particula~, end wlthout prcjgdice to the generality of the foregoing power, such rules may-

(a) prescribe the powers, duties and functions of registering a

authorities and the local limits of their jiirisdiction; ( b ) prescribe the form of, and the particulars to be contained

in, applications for, and certificates of, registration ;

(c) provide for the form and manner in which books of registration shall be maintained under this Chapter;

(d) provide for the issue of duplicate certificates of registration to replace certificates lost, destroyed or mutilated;

(e) prescribe, subject to the approval of the Central (3ove1.n- ment, the fees to be charged for t \e registratio~l c 2 iillaild steam- vessels or for any other actio;i to be tnlien by fhc registering authority under this Chapter, and pruvide for the exemption of any person or class of persons Fro77 payment of th9 wholo or an3 part of any such fees;

(0 prescribe the period within which, and the manner M @ which, the owner of an inland steam-vessel shall make a repad

of any alteration in the vessel under section 19J;

(g), prescribe the manner in which appeals to khe StaQe Government may be preferred under this Chapter and the fees payable in respect of any such appeal;

( h ) provide for any other matter which is t o be or may ba prescribed under this Chap'ter."

BF 19511 ln lund Steam-wessels ( A m e n d m e

4. Amendment of section 55, Act I of 1917.-In section 65 of the- principal Acl, after the word and figure "section 3", in both the places nherc they occur, the words, figures and letter "or section 1YA" shall be inserted. i

5, Amendment of section 56, Act I of 1915.-111 section 56 of thk I ori~lcipal Act, after the words and figures "as required by section 10" the 1 rords, figures and letter "or if the registration mark is not displayed a8 sequired by section 19H" shall be inserted.

6. Substitution of new section for' section 57, Act I of 1917.-For see- ion 57 of the principal Act, the following sectioil shall be substituted, lamely : -

"57. Penalty for neglect or refusal to debver up OJ surrender certificates of survey or ~egSstl'ation.--If the owner' or master of an inland steam-vessel withdut reasonable caube neglects or refuses-

( a ) to deliver up a certificate of survey when required under *section 1 4 so to do; or a

( b ) to- deliver up a certific~te of registration when required under section 19N so to do; or

( c ) to surrellder a certificate of registration as required by section 190,

he sliall be punishable ~niith fine, c!:icll lllag extend to one hundred rupees. "

7. Zcsertioa of new sectior, 63A in Act X 04 1915.-After section 63 of le principal Act, the follo~~fing section shall be inserted, namely :-

"63A. Gensral provzszon f o ~ punishment of ofJen,cea no t otherwise provided for.-If auy person contravenes any of the provisions " '

of this Act for which no other penalty is provided in this Act, he shall. be punisliable with fine which may extend to two hundred rnpeds."

8. Aaendrnent of section 68, Act I of l9l.7.-In section 66 of tHe prin- pal Act, for the words a i d figures "Chapters T I and 111", the words, ures and letter "Chppters 11, IIk and III", shall be substituted.

9 . Easertiuli of new sectlo; 75 in Act 1 of 1917.-After section 74 of e principal Act, the fol1a:vilig section fihall be inserted, namely:-

"75. Rspeal and sawing.-(1) If immedi~-t,elg before t,he da-y on. wl~ioti Bhis Act i:.olrles i11t.o force in a Pert B State: there is in foros in thah State any law which corresponds to this Act; such corresponding law shall, on that d s ~ stand repealed.

(2) Notwithstanding such repeal, anything done or any actiou. taken in the exercise of any powers conferred by such corresponding. law shall be deemed to have been done or talfen in the exercise of the powers conferred by this Act, and any penalty incrirred or proceeding commenced under such corresponding law shall be deemed

~7 .. to bc a penalty irlu~~rred 01: proceeding commeliced under this Act, a s if this Act were in force on thc day on which such thing was done,

-action t,aken, penalty incurrzd , or proceeding commenced. "

An Act furtlier to amend. the Representation of the People Act, 1950

[ 5t72 May, 1951 ] BE it enacted by Parliament as follows :-

I. 8hwk title.-This Act may be called the Representation sf the People (Amendment) Act, 1951.

2. Insertion 02 now section 3A in Act XLIHI sf 1980.-After seclior, 3 of the Representation of the People Act, 1950 (hereinafter referred to as the pri~icipal Act), the following section shall be inserted, namely :-

"3A. Reseraation of seats in the House of t7he Pwple for scheduled mstee and sc7~eduEed tribes i n certain Part C States.-(1) Of the seats in tho House of the People allotted under section 3 to each of the Sta,tes of Qelhi, Himachal Pradesh and Vindhya Pradesh, one hall be reserved for the scheduled c~s tes ; and of the seats so allotted to each of the States of Manipur and Vindhya Pradesh, one shall be reserved for thz scheduled tribes.

(2) For the purposes of this Act, the castes specified In the Sixth Schedule shall he the scheduled castes in relation to the Part C Stste under which they are so specified, and the tribes specified in the Seventh Schedule shall be the scheduled tribes in relation to the Part C State under which they are so specified." 3. Addition of Sixth and Seventh Scbdubs to Act XEEII: of 1950.--

After the Fifth Schedule to the.plincipal Act, the following Schedules shall be inserted, namely :-

"SIXTH SCHEDULE

[See sectio~i 3A(2).]

(Scheduled Castes in certain Part C States.) Del7~i.

1. Adi-Dharmi. 15. Dhobi. 28. RIazhabi. 2. Agria. 16. Dom. 29. Megwal. 3. Aheria. 19. Gharrami. 30. Mochi. 4. Balai. 18. Jatya or Jatav 31. Nat (Rana). "

5. Banjara. Chamar . * 32. Pasi. 6. Bawaria. 19. Julaha (Weaver). 33. Perna.

- 7 . Baeigar. 20. Kabirpanthi. 34. Ram Dasia. S. Bhangi. 21. Kachhandha. 35. Ravidasi or Raidasi -9. Bhil. 22. Kaajar. 36. Rchgarh or Raigar. 10. Chamar. 23. Khatik. 39. Sansi. 11. Chanwar Chamar. 24. Koli. 38. Sapera. 12. Choha (Sweeper). 25. Lctlbegi. 39. Sildigar. 18. Chuhra (Balmiki). 26. Nadari. 40. S~ngixvala or Kalbolia 14. Dhanak or Dhanuk. 29. MaUah. 41. Sirkiband.

Price alzna 1 or 14d.

Himachal Pradesh

1. Ad-dhzrmi. 2. Ealmiki or C'nura or Ehansi

or Sweeper. 3. Bangali. 4. Banjara. 5. Barar. 6. Bawaria.

- 7. Bazi8a.r. 8. Resi. 9. Rhanjra.

10. Chamar. 11. Chaizal. 12. Dagi. 13. Daole. 14. Dhalri or Toori. 15. Doom or Dooinna.

16. Kabirpanthi or Jnlaha or Keer. 17. Koli. 18. Mazhabi. 19. Mochi. 20. Nat. 21. Od. 22. Pasi. 23. Phrera. 24. Ramdaai or Ravidasi. 25. Ramdasia. \

26. Rehar. 27. Sansi. 28. Sapela. 29. Sikligar. 30. Sirkibancl.

Vindhya Pradesh

1. Basor (Bansphor). 6. Dom. 2. Chamar. - 7. Domar or Doris. 3. Dahait. 8. Kuchbandhi;. 4. Dharkar. 9. Mehtar or Bhangi or Dha'nuk. 5. Dhor. 10. Mochi. .

SEVENTH SCHEDULE

[Xee section 3A(2).]

(Bcheduled Tribes in certain Part C States.)

Manipur

1. Any Kuki tribe. 2. Any Lushzi tribe. 3, Any Naga tribe.

Vindhya Pradesh.

1: Agariya. 2. Baiga. 3. Bhumiya. 4. Gond. 5. Kamar.

6. Kliairwar. 7. Majhi. -.' 8. Mawasi. 9. Panika

10, Pao."

n Act to provide for t h y repeal of certain State laws rn ao far as tbey sanction the levy of taxes on the ale or purcbase of newspapers and on advertisement,^ published therein.

[bth May, 19511

E it enacted by Parliament as follows:-

1. Short title.-This Act may be called the Tax on Newspapers (Sales d Advertisements) Repeal Act, 1951.

2. Madras Act I% of 1939 not to authorise taxes on sale of newspapers.- clause (v i ) of section 6 of the Madras Gendral Sales lTnx Act, 1939

[adras Act I X of 1939), the words "and of newspapers, that is tlo say, - periodical works containing public news cr commcilts on public news"

all be omitted; and so much of that Act as authorises the levy of a c on the sale of newspapers shall be deemed to have been repealed on 3 1st day of January, 1951.

3. Repeal of Paxt V I I of Bombay Act I1 of 1932.-Part V I I of the rmbay Finance Act, 1932 (Bombay Act I1 of 1932), shall be deemed to ve been repealed on the 1st day of April, 1951.

4. Savings.--For the removal of doubts it is hereby declared that sec- n 6 of thc General Clauses Act, 1897 (X of 1897), shall applp to the real by this Sc t of certain pi*ovisions uf the Madras General 6aies Tax t , 1930, and the Bombay Finance Act,, 1932, as it applies to the rta~sd enactments.

Piice anna 1 or l sd .

D -S1 -409 IM >f L?w - 21 11 51-4030.

- ---- .-7

/------------- -- -

THE VI~VA-BHARATI ACT, 1951

No. XXIX os 1951

ARRANGEMENT OF SECTIONS

1 Short title and commencement.

2 Declaration of ~i6;a-~haxati as an institution of national importance.

8 Definitions. THE UKIVERSITY

4 Incorporation.

5 Effect of incorporation of the hiversity in cer"u casw.

6 Powers of the university.

'7 Territorial jurisdiction of tho University.

8 University to be open to all races, creeds and clames.

9 Teaching a t the University.

THE P m t l ~ t s m (VISITOR)'

10 The Paridarsaka (Visitor).

THE PRADHANA (REUTOR)

18 The Pradhana (Rector).

O~munns OX T- UNIVERSITY

12 Officers of the University.

13 The Acharya (Chancellor).

14 The Upacharya (Vice-Chancellor).

18 The Artha-Sachiva (Treasurer).

16 he Karma-Sachiva (Registrar).

1'7 Other officers.

18 Authorities of the University. 206 M. of Law

?rice annas 3 OT 4cE.

SECTIONS] 119 The Samsad (Court).

20 Meetings of the ~s*&ad (Co,qrt,).

21 Powers and duties of the Samsad (Court).

22 The Karma Samiti (Executive Council).

23 Powers and duties of the Karma Samiti (Executive Counoil).

24 The Shiksha Samiti ( A c a d e ~ c Council).

25 Other authorities of the University.

26 Alumni Association.

STATUTES, ORDWANCES AND REGULATIONS

27 Statutes. ,-

28 Statutes, how made.

29 Ordinances.

30 Ordinances, how made.

31 . Regulations.

39 Residence.

A~MISSION AND EXAM~NATIONS

33 Admission.

34 Examinations.

35 Annual reports.

36 Annual accounts.

-37 Conditions of service of oEcers and hichers.

\ 38 Tribunal of Arbitration.

39 Pensiun and pruviderlL s funds.

40 - Pilling of casual vacancies.

41 Remaval from membership of the University.

4 2 Disputes as to constitution of any University authority or body.

43 Constitution of committees.

44 Proceedings of the University authorities not invalidated by vacancies.

45 Power to remove difficulties.

THE FIRST SCHEDULE

THE SECOND SCHEDULE

A n Act to declare the institution known as C C Vidva-Bharati " I fo be an institution of national imporfa;nce and Bo provide' for its functioning as a unitary teaching and residential I

univergity. - [9th May, 19511 I

1

BE i t enacted b j Parliament as follows :-

1. Short title and cornmencement.--.~l) This Act may be called the Vifiva-Bharati Act, 1951. I I

Z -7 (2) It shall come into force on such date as the Central Government mtby,

b y notification in the Official Gazette, appoint. I

2. Declaration of ViBva-Bharati as an institution of national impor- 'tame.-Whereas the late Rabindranath Tagore (Thakur) founded an institution known as Vi6va-Bharati a t Santiniketan in the district of Birbhurn in West Bengal the objects of which are such a i to make the institution one of national importance, it is hereby declared that the institution known as "Vibva-Bharati" aforesaid is an institution of national importance.

3. Definitions.-In this Act and in all Statutes made hereunder, unless t h e context otherwise requires,-

'3

(a) "Shiksha Samiti" (Academic Council) means the Shiksha Samiti (Academic Council ) of the University ;

( b ) "Alumni Association" means the Association of the Alumni of the University constituted under the provisions of this Aot and the Statutes ;

(c) "Samsad" (Court) means the Samsad , (Court) of the Uni- ~versity ;

( d ) "Karma Samiti" (Executive Council) means the Karma %Hamiti (Executive Council) of the University ;

(e) "Bhavan" (Hall) means a unit of residence with provision for -tutorial instruction for students prmided or recognised by the Uni- versity ;

(f) "Chatravasa" (Hostel) means a unit o i residence for students provided or recog@sed by the University ;

(g) "Statutes", " Ordinances" and " Regulations" msen respec- .tively the Statutes, Ordinances and Re,gulations of the University for :the time being in force ;

(h) "teachers" meqns such psrsons as arz engagad in imparting instruction and guiding students in practical wark or otherwise in the University and in the institutions under its control, and include3 pro- ifessors, readers, lecturers, demonstrators and other grade3 of t3a?h?:3 .appointed by the University ;

i

incorporated as a University under this Act. +

T H ~ UNIVERSITY

4. Incorporation.-The first Acharya (Chancellor) and Upacharya (Vice- - Chancellor) of the University who shall be the persons ap~ointed in this

behalf by the Central Government by notification in the Official Gazette, ~ n d the first members of the Samsad (Cow$) and, all persons, who may hereafter become or be appointed as such officers or members, so long as they continue to hold such office or membership, are hereby constituted a' body corporate by the name of Vi~va-Bhgrati, and shall have perpetuak succession and e, common seal, and shall sue and be sued by that name.

5. Effect of incorporation of the University in certain cases.--On and from the commencement of this Act,-

(i) all references in ahy enactment to the Society of the name of Vidva-Bharati registered on t h e 16th May, 1922, under the Societie~ Registration Act, 1860 (XXI of 1860) shall be construed as references to the University ;

(ii) any will, deed or other docbment whether made or executed before or after the commencement of this -Act, which contains any be-. quest, gift or trust in favour of the said Society shall, on the corn- '

mencement of this Act be construed as if the University was therein named instead of the said Society ;

(iii) subject to the provisions of this Act, every person employed immediately before the commencement of this Act in the said Society

, shall hold employment in the University by the same tenure and upon the same terms and conditions and with the same rights and privileges as to pension and gratylty as he would have held undor the said Society, if this Act had not been passed :

Provided that if tho University decides to alter the terms and conditiom of service of any such employee, a fresh contract shall. be executed for the purpose, and if the employee is not agreeable to serve under the new term5 and conditions, his services may be terminated in accordance with h h original contract of employment or, if no provision b mad? therein in this ' behalf, on payment to:him by way of compensation of an amount equal tcb' his salary for six months.

8. Powers of the 'University.- The University shall exercise the following powers and perform the following duties, n 9 e l y :-

i (a) to provide for research and instruction in such branches of learn- ,, fng as may be deemed desirable and be found practicable and for the

promotion of understanding of cultures between the East and the West and for the advancement of learning and disseminrution of knowledge generally ;

(b) to maintain schools, colleges and Bhavans (halls) or rccognise schools, colleges and Bhavans (halls) not maintained by the University and to withdraw such recognition ;

(c) to organise, establish, carry on and maintain, or dissolve or give Gp, new branches, or affiliate, carry on and maintain or-disaffiliate associated, institutions having objects similar to those of the Uni- versity

-ducive to the attainment of all or any of the objects of the- University, and in particular the attainment of the objects set out in the F'irsB

,Schedule for which the institution known as Vi~va-Bharati was founded

8. University to be open to all races, creeds and classes.--The University U-1 be open to all persons irrespective of sex, nationality,.race, creed;> ;e"r class, and no test or condition shall be.imposed as to religious belief -> - .piofession in admitting or appointing members, students, teachem; ' . j kcrs, or in any other connection whatsoever, except in respect of any > I

icular benefaction acdeptod by the University of which such test is I e a condition by. the instrument creating such benefaction : I

. , I - j ~rovided that no benefaotion shall 'hereafter be accepted which in the ~'

io~l of the authorities of the University involves conditions or obligatiom sea to the spirit and object of this'section : " 1 Provided further that nothing in this section shall be deemed to prevent i i ous instruction being given in any manner approved of by the authorities

, : rncd to those who have -given their consent thereto by teachers duly - j ~roperly authofiscd for that purpose.

j . Teaching at the University.-All teaching in the ~niqersiby shall^ be cted by and in the name of the University in accordanoe with the ' ; ;es and Ordinances made in thii behalf.

J . ,

THE PBRIDARSAU (VISITOR) !

!..The Faridamaka (Visitor).-(1) The president . shall be the Pdd- I > '

a. (Visitor) of the University. , . . , . : . . i

(4) The Paridarsaka (Visitor) msy address the Upacharya (Vice-Ch~n- cellor) with reference to the result of such inspection -and inquiry, and the Upacharya (Vice-Clianccllor) shall co'mmunicate to the Karma Samiti' (E~ecuti.ve Council) the..views of the Pariaarsaka (;Visitor) with such advice as the Paridarsaka (Vjs;i$or) mey offer upon the action to be taken thereon.

THE PRADHANA (BEGTOR)

OFFICBRS OF TECE UNIVERSLTY , - i . . . .

( i ) the Acharya (Chancellor),

(iii) the Artha-Bachiva (Treasurer), ' !, (iv) the Karma-Sachiva (Registiar), and I

. . ! ' I (v) such other offic~rs &s may be deolhr~d by the S t a t u h - to $&:: I officqrs of the Un~hersity. ., '

. . I j 13. The Acharya (dha&eIlor).--(2) The successors to the firsti Ach?@%j

( Q & ~ ~ i l ; ~ ~ ) bh&u be &feckd by the &*sad (Go&,) t& &&dr $+&iib&& ,,

; by the Statutes. . . = I ;:.: . j

. ,

, ,: ../ j

he Acharya (~ha:d& , . - ~6Pd %@26 for three years, and by ,

Birtueof his o.fficej b? the Head.of t h e Universi63.. . . . . . . . *

,. (3) The Achibba (~h~;&&hllb~j, sbsi, i f~ i j r ' e~e~t ;~ brxeid6 at tfid c8h$bca- tion of the ,University and, a t meetings of ,the Samsad (Court).

,ur ' p :.,

(4;) Evgn proRisai, ibz; the:. ~onf&ment of an - honorary tl6gree sfia;ll be '

sukject to the confirmation of thle Acha?ya (Chtmcellor). t5:) Th& &&arye (C&a;ncGllbr) have su,ch other pd%.e& aB be ,

oonferred on him by this! Act or the3Statutes. 14. The Upachakya (V?ce-cB&hceilbi),(l) The Upacharya (Vice-Chan-

ellor.), shall be the prjncipal academic And executive officer of t,h6 Univer- sity, a i d the'%erms and conditiotis of service of the tJpacharya (Vice-Clian- cellor) shall .be as laid down by the Staktes..

Th:,: e UpacEa?j& . . . ., : ( ' i ~ i c e : ~ h ~ ~ c & l l ~ ~ ) . &ail &&*e such. p0Gers and p&~&& siieb f~dt ibriB a;a +gjr htgs~mib;ed 6j; the st.atut;es.

(3),, The mode of appohtment of the successors to the first.. upaLharya. (vz&6-ch&fieelh) Be a,g l&id dG- St;Atdte6.

15.. The Artha-Saihiva (Treasurer).-The Artfi&S&chiv& (Treascrer) shall be appointed in such manner, upon such conditions and for such period as may be laid down in the Statutes, and shall exercise g e ~ e r a l supervision over the funds of the Ubiversity and shall perform such functibns as may be prescrj:j6eb by the St.atutes,~nd the Ordinances. . .

13' The KarmakSachiVa (Registrar).-The Karma-Sachiva (Registrar) " ahall aott as .the Secretkry to the Samsad (Go&) and the E a m a S'$@ti (Exe- outlm, Council) , of the. University and shall perform such functioim as may .. be prescribed by the Statutes and the Ordinances and the manher and the

: tees and Goodditions of hppointdent of the Karma:S'achiva- ehall be laid down by the Sthiltes.

17. Other $,@@?is.-Thk p m k h of &&kefs qf the ~?iveriit> &hi$ tk$i _ the Acharja (Cliancellor), -the Upacharya (Vice~.Cbancellor) and the. ~ r t h t i - Sachiva (Treamer)"shall be as prescribed by the Stiitutes.

A ~ ~ * ~ ~ ~ ~ ~ ~ O$.TH ~ &*&

18. AnthoritieL df the Uniir6rsity.-The followg shall be &uthorihi&i tif : the University:-- * . . .

, . (I) the ams sad (Court),

: (2) 'the Karma ~i 'mi t i (Executive Coimcilj, (3) the 8hikuhrt Samiti (Academic Council), and (4) such otlier autboriti'6b zs may b6 decla~ed b$ the St&%ut& t o

. be' authoYities of the University. ! : 19. $!g fjaiiieaa (d&)lL(l) The &m$ad (Court) cc,hgfj df && .

fB"owg p6kljb:ns, ii&k&lj;:-

Class I-Ex-officio members - (a) thd dc&.jra (Ch.&fio.er~p), I

@) the Upacharya (vicekhancellor), . '(iio') the Ministet of Education in the Go%-eFiid6rik elf' W&t hnga),

(jd the .Ai.th*&Skt!hi$a (~ieir.~ut.&), . . . . :. , . . . .. . . . . :. (@). b&6@&j #& cBll&gig$ ., . . . . . . i, . '

. . - . / . . (m.,g$bp&21 4 . x . , L - L , of.:'~e$a&8ri'&, . . ,..>

, . 6;. ~:e'8.va- h.qat+ . . . . . . . . . . . . C A ~ . , ;: 3$i3, !

. . - , ~ G s s I I - U ~ ~ :mem5eyq,. . , . . . . . . . I . . .

. . . . . . . . . . . . . , , > . .' . . . . . . . . . - . . . . . (vii) persons who. have been p&& df t& Vi4va-~harhti ~ocie6y:

immediately before $he commenwment' of .this get, , . ... - . ., , . t i . '

(viii) such persons ad may be appb&d by the :~ad&a3ia'(v~jitd-i) : i' , either on, his. own m6tion or on . the ~6enuimnda.tign of the " -Karq?a

Samiti (Executive Council) to be life members of the Sapsai i ( C o d ) ' : on the ground that they-have rendered eminent service toL.edubat.ion. , i

, .

C h s - III-Other 'ntembera . . . .

- . : . . (k) .represent?tives o f the Alumni h c j a t i o n elected from among- . - *. its. own . member&

. . . (x) persons elected from imong tlieir own body by donors' of suoh . '

amounts i s 'may be prescribed by the Statutes to or for the purposes of-. $he University, . . . . -

.. , .

(ii) peisohs &lected by the Shiksha gamiti (Academic Councg) fro* among its own members,

. . (xii) : reprksentative.8 of parliament elected by:& i , -. , .

(xi$ persons co-opted by the . ams sad . (Court), . , .

(xitr) persons nominated by. the Paridarsaka (Visitor), . . - .

(xvj fiersons n_omi*aied by- the Pradhana (Redtor), . ".,

(xvi). persoag-nominated by the Acharya (Chancellor ). . .

. .

. . (2) The number of members t o be $ppointeh, elected, co-opted or nominated undei. clauses (viii). to ( x ~ i ) of sub-section (I) and the tenure of OBI% of members to be elected, -co-opted or nominated under each clause of C h a D.1 of that sub-section and the mode of election of members to be elected. sliall be prescribed by the Statutes.

: ,I,_ I . 20. Meetings b! the Samsad (Court).-(I) he Samsad (Court) shall, ,on

R date to be fixed by the Upacharya 1Vice-Chancellor), meet once a year a t ,

a meeting to be called tbe'annual meeting. of the Samsad (Court). . . . - . ,

(2) The' Upacharya (Vice-Chancellor) map, wheneve? he thinks. fit, andi shall, upon a requisition in writing signed'by.not 'less than one-third of the ,

-- members of the Samsad (Court); convene aspecial meeting of the Samsad - : (Court). . . . . .

: 21; Powers a n d duties of th9 Samsad (Court).-(I) The Samsad (Court) shall be the supreme governing-body of the' University and shall exercise all tqe- powers:. of the University, not otherwise provided for by, this Act, the ;

Statutes, ' the Ordhiances and the Regulations, and shall have.power to 'review the acts of the Karma Samiti and ShikshaSamiti (Executive and

; AcademicCouncils).

(9) Subject to the other .contained in this Act,- the Samsad (Court) may-

. . . ., . - (p)makeStatu&j . .- , .

, , . . . . . . . . .

'

(b ) consider the ordinances* &ndl We Regulations ; , . , (e) consider and sych resolutions. on the . a swa l repoh, the

. . annual accounts and the h a n c b l @timat@, as .it $W. f i t ; : a ' j..

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

,y '- 19511 FiSva; . A Bha~ati 7- '

(d) elect such persons to serveLon authorities of the University and ' appoint such officers as may be prescribed- by this Act or the Statutes i j' and A

(e) exercise such other powers and perform such other duties ae - may be conferred or imposed upon it by this Act or the Statutes. '

22. The Karma Samiti (Executive Council).-The Karma Samiti ( ~ x e c u - %ive %Council) shall be the executive body of the University and its wristitution and 'the term of office of its mem5ers shall be prescribed by the Statutes. .-

113. Powers and duties of the Karma Snmiti (Executive Council).-The karma Samiti (Executive Council)-

(a) shall hold, control and badminister the property and funds of . the University, and for these, purposes i t shall have a Standing Finance

Committee whose constitution and powers and dutias shall be defined by the Statutes ;

( b ) shall determine the form, prqvide for the custody and reghate ' the use, of the Gpmmon seal of- the University ;

(c) shall submit to the Central Governmsnt annuauy a-full s t a b ment pf the flpancial requirements of the University ;

(d) shall administer any funds placed a t tihe disposal of the Ud- versity for specific purposes ;

(e ) subject to the provisioqs of this A& and the Statutes, aha1 appoint the officers [other than the Acharya (Chancellor), the Upacharya

, (Vice-Chancellor), and the Artha-Sachira (Treasurer)] teachers and other servants of the University, and shall define their duties and the condt tions of their service, and shall provide for the filling of temporary v a m - - aies in their posts ;

.(f) shay have power to acce$ on behalf of the University transfer6 I of any movable or immovable property ;

(g) shsll appoint examiners after consideration of the recommends- - tions of the Shiksha Samiti (Academic Council) ;

(h) shall arrange for the holding of, and publish the results of, the University examinations ;

. > , , i ) may deleg~te, subject to such conditions as may be prescribed

by the Orltirlailces i b power to appoiut officers, teachers and other ser- '

- vants of the University to such person or authofity as the Karma Samiti - - (Executive Council) may determine ; /

(j) shall pxercise such other powers and perform such other dati& as may be conferred or imposed on it by this Act or the Statutes :

Provided that no action shall be taken by the Karma ' Samiti . (Executive Council) in respect of the number, qualifications and status of - teachers, otherwise than on a recommendation of the Shiksha Samiti (Academic Council) ;

4 (k) shall exercise all other powers of the University not o themiq " provided for by this Act or the Statutes. 24, The S,hikrrha Ssmiti (&ahemic Council).-(1) The ~hiksha sa'mit5

tA&demic Coancil) shsll ba the.academkc Kody of the Uhiversity, atld shall h

sdbje'ct t'o the pro+ib?oiis of ' t ~ 6 Ad, the-~Gt;'ies aiid the grdins"iices, have the Cbntrbl a'nd 'gdrikral iegbIatio"n, akd bc r<qci%ibie foi thii &a?hf&h"Bnce- of standards of instruction, education ar.d exmination within the Uni- versity, and shall exercis'e such other powers and perform such o t h e ~ duties as may be conferred or imposed upqn i t by the ~Stbhutes ~ n d Bhall have the right to advise the K a ~ m a Samiti (fixecutive Council) on all academio 3mtk&.j \ (2) The constitutioh of the Shikshh Eamiti (Acadcrnic Council) &nd tthe terms of office of its members shall be prescribed by the Statutes.

, 25. Other authorit.ies of the University.- The confititution, power& and *s. a , duties of such other authorities as may be decldred by the SthtuM to b&

authorities of the University shall be as provided for in the Statutes.

26. Alunini Assacidion.-The university shall have an Alumni A ~ b c i a - tion op'en to past students and Fast workers of the University: incltlding - members of the As1amik.a Eangha of the foimer Viiva-Bharati Fodiety, o a such conditions as may be laid down in the Statutes. .

I _ STATU'C~S, ORD~ANCES AND REGUT~TIONB

27. Statutes.-Sdbject to the provisiohs, of this Act, the Stitutks may provide for all or any of the fdY6wing inatt&$s, n&&ly:-

- (a) the conferment of honorary degrees ;

( 6 ) the institution of fellGwships, scholarships, exhibitions, medals and prizes ;

(c) the designations and powers, functions and duties of tbe, office& of the University ;

- (d) the terms of office and the method and conditions of election or appointment of the officers of the University .;

9 - ( e ) the constitution, powers and duties oT the authoritih of t h e University ; -?.

(f) the classii?cation and @e of appointment and the- deterqina- tion of the terms and conditions of service of teachers ~f t he Uhivehity ;

(g) the' institution and rna&nance of Bhawanas (a;&) and Chatravwhs (Hostels) ;

(h) $he constitutjon of pension, insurqnb and provi&m;t fi@d for the benefit of the officers, teachers and other servants of the Univer* sity ;

(d) We. conititution and actiqities of (he AlGni &ciatioh ;

(9) the discipline of studexiks : and

( ),any 06her~ihatbi.s which by ibis Act are to be or may fie prea- ' ' Gibe ' k b'i the StatdG.

~ .. -

meeting. The Samsad (Court) may approve such dmft afid pass the 8t.a-- t u b , or may 'reject it or return i t to the Karma Samiti (Executive Council)$ .. for reconsideration, either in the whole or in part, tdgethcr with any amend-. ments which the Samsad (Court) may suggest.

(5) Wher0. any Statute has been passed or a draft of p Statute or part thereof has been rejected by,the Bamsad (Court), it shall Ee sutmitted to, the Paridarsaka (Visitor), who may refer the Statute or draft back to t h e Samsad (Court) for further consideration or, in the case of a Statute p a s a d - b y the Samsad (Court), assent thereto or withhold his assent.

(7) The Kmma Samiti (Executive Council) shall not proFofe the draft of , . any St.atute affecting the status, powers or constitution of any authority , of the University until such authority has been given an op~ortunity of , expressing an opinion upon the p10~05a1, and any opinion so expressed shall be in writing and shall be considered by the Samsad (Court), and shall be submitted to the Paridarsaka (Visitor).

(8) The Samsad (Court) may of its own motion take into consideration the draft of any Statute :

Provided that in, any such case before a Statute is,'passed affecting the powers 'or duties of the Acharya (Chancellor), the Upacharya (Vice-Chan- cellor) or- the Artha-Sachiva (Treasurer) or any authority or board, the opinion of the Karma Samiti -(Executive Council) and a report from the i +reon or body concerned shall have been taken into consideration by the I Samsad (Court).

29. Ordinances.-Subject to the provisions of this Act and the Statutes, the Ordinancek niay provide for all or any of the following matters, namely:-

(a) the admission of st~idents to the Uliiversity ; (b) the courses of study to be laid down for all degrees an6 diplomaris.

of the University ; (c) the conditions un'der which students shall be admitted to the .

degree or diploma courses and to thg examinations of the University,. arid shall be eligible for degrees and diplomas ;

(d) the conditions of the award of the fellowships, scholarship^,. exhibitions, medals and prizes ;

(e) the conditions and mode of appointment and duties of examjn- ing lioclica, - e x a m ~ q and moderators ;

(f) the conduct of examinations -; (g~) :)he doidi6ions of rd idend of the s tud0ts .of the Uni.yedty

. .- iLnd the,.le$j&& of fq* fd?. f&idencb * .Bb$v&&S (H&lh)' ;&yjd a&?~ v w s (H,mtela) and of other. charges.;

(h) -the fees to be charged -for courses of study - - in the University and for admission to the examinations, degrees, and diplomas of the

, - Uriiversity ; *

( i ) the maintenance of discipline among the students of the Uni.

(j) the number and qualifications of teachers of the University ; -.

(k) the formation of 'departments of teachers ; and ( I ) any other matters which by this Act or the Statutes are to be

.'

or may be provided for by the Ordinances. - 30. ~rdinanc&, h& made.-(1) Save as otherwise in

section, Ordinances shall be made by the Karma Samiti (Executive Coun-:

Provided thak-

(a) no Ordinance shall be made affecting the admission or enrol* . , ment of students, or prescribing examinations to be recognised- as

. equirral:nt to the University examinations unless a draft of. the same has been proposed by the Shiksha Samiti (Academic Council) ; and

( b ) no Ordinance shall -be made affecting the conditions and'mode .of appointment or duties of examiners or the conduct or standard of axaminationa or any course of shudy, except in accordance.with . a pro-. posal .of the Shiksha Samiti (Academic Council) and unless a draft -af such Ordinance has been proposed by the Shiksha Samiti (Academia

, - Council) in the manner prescribed by the Statutes ; and

(c) no Ordinance shall be made affecting the conditions of resi- - dence of students, except after- compliabe with such conditions as

may be prescribed by the Statutes.

(2) The Karma'samiti (Executive Council) shall not have the power to :amend any draft proposed by the Shiksha Samki (Academic Council) under the provisions of sub-section (I), but may rcject it. or return it to the Shikshe Sa,m%ti (Academic Council) for reconsideration either in whole or in part, , together with any amendments which the Karma Samiti (Executive Council)

(3) All Ordinances made by the Karma Samiti (Executive Council) .shall have effect from such date as i t may direct, but every Ordinance so: madc ahall be submitted,. as soon as may be, to the Paridarsalra (Visitor) and the Samsad- (Court), and shall be considered by the Samsad (Court), a6 i t s next succeeding meeting.

(4) The Samssd (Court) shall have power by a resolution passed by :a majority of not less than two-thirds of the members present a t such meet. ihg to modify or cancel any such Ordinance and such Ordinance shall, from %he date of such resolution, stand modified or cancelled, as the case may

( 5 ) Tne Peridarsaka (Visitor) may, a t any time after any Ordinance :has boon considered by the Samsad (Court), signify to $he Samsad (Court) .and the Karma Samiti (Executive Council) his disallowance of such Ordi-

t .nance, on the ground that it is repugnant to or contravenes any bf the pro- I Pisions of this Act and from the date of receipt by the Karma S ~ m i t i (Execu-

$ve Council) of intimation of such disallowance, such Ordinance shall 1 %ecome void. . . . . . . . j

( 6 ) The Paridarsaka (Visitor) m % ~ direct that the operation of any - Ordinance .shall be suspended until he has had an op~ortunity of exercls- ing his power of disallowance and any order of suspepsion under this sub- section shall cease to have effect on the expiration of oner month from the date of such order, or on the expiration of fifteen days from the date o f consideration of the Ordinance by the Samsad (Court), +whichever period

expires later.

' (7) Where the Karma Samiti (Executive Council) has rejected the draft of an Ordinance proposed by the Shiksha Samiti (Academic Council), the Sliiksha Samiti (Academic Council) may appeal to the Samsad (Court) which, after obtaining the views of the Karma Samiti (Executive Council), may, if it approves the draft, make the Ordinan~e and submit it to the Paridarsaka (Visitor), for approval.

31. Regulations.-(1) The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinanoes-

(a) laying down the proceduro to be observed at their meetings' and the number of members r,equired to-form a quorum ;

(b) providing for all metters which by this Act, the Statutes or I 1

the Ordinances are to be prescribed by the Regulations ; aGd

(c) providing for all other matters solely concerning the authorities -i or committees appointed by them and not provided for by thb Act, the Statutes and the Ordinances.

I 5

(2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered a t meetings and for tho keeping of a record of the proceedings of meetings.

(3) The Karma Samiti (Executive Council) may direct the amendment, in such manner as it may specify, of any Regulation made under this section or tile amendment of any Regulation made under sub-section (I).

32. Residence.-Every student of the Uiliversity shall reside in a Bhavan (Hall) or Chatravasa (Hostel) or under such oonditioru as may be prescribed by the Statutes and the Ordinances.

33. Admission.--Admission of students to the University ahall be made I

Sn such mamer as may be prescribed by the Ordiuanm.

34. Examinations.-Subject to the provisions of the Statutes, all, arrangcmcr,ts for the conduct of examinations shall be made by the ICarma Gamiti (Executive Council) in such manner as may be prescribed by the 1

Ordinances. -.

ANNUAL REPORTS AND ACCOU'NTS \

35. Annual reports.-(I) The annual report of thg University shall be prel~a~ed under the directions of the Karma Samiti (Executive Council), and shall be submitted to the Samsad (Court) on or before such date as rnay be prescribed by the Statutes, and shall be considered by the Samsad (Gout) at its annual meeting.

(2) The Samsad (Court) may pass resolutions on the anpual; r e p ~ t and ,communicate the same to the Karma Samiti (Executive C~uncil) which ;shall take such action as it t$i*s fit, and tbe Karma Samiti (Executive qGounci1) shall inform the Samsad (Court) of the action taken by it, and, . when no action is taken, of its reasons therefor. '

39. w p @ ~ c c o w ~ s . - ( ~ ) The annual accounts and balance-sheet of - the UniverBitjr shall be prepared under the direction of the Karms Ssmiti :(Executive Council), and; sM, -be - subd t f ed to the> Cent~al: Governmspt, ,

(2) The audit of the accounts of the University shall be ca.rried opt - .-according t o the directions of the Central Government.

(3) Copies of the audited accounts together with copies of the audit - -report, if any, shall be submitted to the Samsad (Court) and to the Pqi-

.damaka (Visitor). I (4) The annual accounts and the financial estimates shall be considered

by the Samsad {Court) a t its annual meeting, and the Samsad (Court) may pass resolutions thcrcon and communicate the same to the Karma Samiti

.&(Executive Council), which shall take them into consideration and take such action thereon as i t thinks fit or inform the Samsad (Court), when no action is taken, of its reasons therefor.

37. Conditions of service of officers and teachers.-Every. salaried officer - .and teacher of the Universitjr shall be appointed under a written contract,

which shall be lodged with the University, and a copy of which shall be furnished to the officer or teacher concerned.

38. !J!ribunal of Arbitration.-Every dispute arising out of a contract between the University and any of its officers or teachers shall be referred to a Tribunal of Arbitration -consisting of one member appointed by the Karma Samiti (Executive Council), one member nominated by the officer or teacher 'concerned and an umpire appointed by the Paridarsaka (Visitor), and the decision of the Tribunal shall be final.

39. Pension and provident funds.-(I) The University shall constitute, for the benefit of its officers [including the Upacharya (Vice-Chancellor)], teachers, and other servants, in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, insurance and 1.

provident funds as i t may deem fit.

(2) Where any such pension, insurance or provident fund has been so -constituted, the Central Gbvernment may declare that the provisions of the Provident Funds Act, 1925 (XIX of 1925) shall apply to such fund as if it were a Government Provident Fund.

40. Filling of oasual vacancies.-(I) Subject to any provision in this Act and in the Statutes, the Karma Samiti (Executive Council) shall appoint, with the approval of the Paridarsaka (Visitor), a person to fill a casual vacancy in the office of the Upacharya (Vice-Chancellor), and the person so appointed shall hold office till the next meeting of the Samsad (Court).

(2) All-casual vacancies among the members (other than ex-ofipio members) of any authority or other body of the University shall be filled,

- as soon as conveniently May be, by the person or body who appointed, elected - or co-opted the mem3er whose place has become vacant, and the person .appointad, elected or co-opted to a casual vacancy shall be membar of such

+g& 4 : r

7 Vidva- B,&rati 18 4

a,utForjty or body for the residue of theterm for yhich the perston whose place he fills mould have bees a, member.

41, Removal from %embership of the University.-The Samsad (Court) play, on the recommendation of not less than two-thirds of the m-,mbsra of the Karma Samiti (Executive Council) remove any person from membership of any authority or board of the University in case of a serious ,offence involving moral turpitude, or if he has been guilty of scandalous conduct and for the same reasons may withdraw any degree or diploms conferred .or granted by the University.

42. Disputes as to constitution of any Universi~y authority or b9dg.-If any question arises whether any person hgs been duly elected or appointed as, or is entitled to be, a member of any quthority or other body of the University, the matter shall be referred to the Paridarsaka (Visitor), whose .debision thereon shall be final.

43. Constitution of committees.-Where any authority of the University i s given power by this Act or by the Stalutes to appciint committees, such committee shall, unless there is some spscial provision to the contrary, .consist of members of the authority concerned' and of'such other persons (if any) as the authoritx in each case may think fit.

44. Proceedings of the University authorities not invalidated by vacan- .ties.-No act or proceeding of any authority or other body of the University shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.

45. Power to remove diffic~1ties.-If any difficulty arises with respect to the establishment of the University or any authority of the Univereity or in connection with the first meeting of any authority of the University, the Paridarsaka (Visitor) in consultation with the Upacharya (Vice- 'Chancellor) may, by order, make any appointment or do anything which appears to him necessary or expedient for the proper establishment of the Wniversity or any authority thereof or for the first meeting of any authority .of the University.

THE FIRST SCHEDULE

[See sectton 6 (k)]

[The objects for which the late Rabindranath Tagore founded the Vi4vh- Bharati a t Santiniketan.]

(i) to study the mind of Man in its realisation of different aspects of truth from diverse points of view,

\ (ii) to bring into more intimate relations with one another, through patient study and research, the different cultures of tha East on the basis of their underlying unity,

(iii) to approach the West from the standpoint of such a unity of the life and thought of Asia,

,(iv) to ~ s e k to realise UI a common fellowship of study the meeting of the East and the West, and thus ultimately to strengthen the fundamental conditions of world peace through the establishment of free communication of ideas between the two hemisphereu, and

fl (v) with such ideals in view to provide a t -~antinikelan afop&id ;ca,

Centre of Culture where research into and study of the religion, Literature, history, science and art of Hindu,

. Buddhist, Jain, Islamic, Sikh, Christian and other civilizatioae may be pursued along with the culture of the West, *. that simplicity in externals which is necessary for true ~ p m - tual realisation, in amity, good-fellowship and .cooperation between the blinkers and scholars of both Eastern and Wea- tern countries, free from all antagonisms oT race, nationality, . creed or caste.

THE SECOND SCEIEDULE

(See section 7)

The territorial Eimik of the University.

The area known as Santiniketan~in the District of Birbhum in Weski Bengal, adrneasurhig 11.6 square miles, bounded-

on the north by the Kopai River,

on the west by a line running from Balla,vpur and Bonuri villages to. Bandgora,

on the south by a line running from Bandgora via Bolp& Dak Bun- :

galow to the bridge over the East Indian Railway cutting and

on the east by the Xast Indian Railmay line. .

THE PREZSIDENT'S PENSION __ .... _~ ACT, '1951 -. ,

No. XXX OF 1951 _.------ - .

An Act t o provize for the payment of pensions to rebring Presidents

[13th May, 19511 E it enacted by Parliament as follows : - 1, Short title.-This Act may be called the President's Pension Act, 1951.

I 2. Pension to retiring Presidents.-There shall be paid to every person- who I

I ,ses to hold office as President, either by the expiration of his term of cffice i by resignation of his office, a pelision of fifteen thousand rupees per silnum I

the remainder of his life : I

Q I

Yrovided that, where any such person is re-elected to that office, no pension ,11 be payable for the period during which he again holds office as President. 3. Pension to the last Governor-General.-The provisions of section 2 shall )ly to the person who held office as the last Governor-General of India as they dl apply to any person who ceases to hold office as President. 4. Pensions to be charged on the Consolidated Fund of India.-Any pension ,able under this Act shall be charged on the Consolidated Fund of India.

LING 'ACT, 1951 - - No. XXXI OF 1951 ii

An Act t o repeal the Public Companies (Limitation of Dividends Regulation, 1358B of Hyderabad.

[13th May, 19511 BE it enacted by Parliament as follows : -

1. short title and commencement.-(1) This Act may be called the Hyderabad Public Companies (Limitation of Dividends) Repealing Act, 1951.

I (2) It shall be deemed to have come into force on the 1st day of April, 1950, 1

2. Repeal of the Public Companies (Limitation of Dividends) Regulation 041 Hyder&bad.-The Public Companies (Limitation of Dividends) Regulation, 1358P, made by the Military Governor of Hyderabad on the 11th day of Ja.nuary, 1949,

I is hereby repealed:

Provided that section 6 of the General Clauses Act, 1897 (X of 1897), shall apply in relation to such repeal as if the said Begulation were an enactment.

I GIPD -51 -253 M of Law --21-11-51-4000

- - s- - 9

, .L? ?$ - < . . sGJ

' . .a 7 7 %=

x

/Lr 36 7- ' 152

-- - y 3 4 P*

3 No. XXXII OF 1951 1 - 3

115th May, 19511 4" B E i t enacted by Parliament as follows : - , 1

! 1. Short title and commencement.-(1) This Act may be called the

Beserve Bank of India (Amendment) Act, 1951. (2) It shall come into force on such dat&as the Central- Government

may, by ilotification in the Official Gazette, appoint in this behalf.

2. Substitution of "India" for "States" in Act I1 of 1 9 3 4 . T - the , Beserve Bank of.India Act, 1934 (hereinafter referred to as the principd Act), unless otherwise expressly provided, for the words "the States", wherever they occur, the word "India" shall be substituted.

3. Am.endnient, of section 1, Act If of 1934.-In sub-section (2) of section 1 of the pdncipd Act, for the words and letter "Part B States" the words "the State of Jammu and Kashmir" shall be substituted.

4. Amendment of section 2, Act 11 of 1934.-In section 2 of the principal Bet ,-

(2') clause (bb) shall be relettered as clause (c);

(ii) the existing clause (c) shall be relettered as clausa (f) end that olause, as so. relettered, shall be inserted after clause (e) ;

(iii) clause ( a ~ ) shall be omitked ; . (ivl) after clause ( f ) , as relettered, the following clause shall be

inserted, namely : - '(g) the expressions "State Government" and "State Govern-

ments ", unless otherwise expressly provided, do not include the Government of the State of Jammu and Kashmir.'

5. Amendment of section 9, Act 33 of 1934.-In section 7 of the principal Act, for sub-section (3) the followjilg shall be substituted and shall (be deemed to have been substituted with effect from the 1st day of , T ~ m i ~ r y , $949, neme1y:--

"(3) Save as otherwise provided in regulations made by the Central Board, the Governor and in his absence the Ueputy Governor nominated by him in this behalf, shall also have powers

Reserve Bank of India (Amendment) [ACT XXXIF

of general superintendence and direction of the affairs and the buslnesa of the Bank, and may exercise all powers and do all act^ and things which may be exercised or done by the Bank."

6. Amendment of section 11, Act 11 of 1934.-In section 11 of the

(u ) in sub-section (I), for the words "any other Director" the words "any other Director or any member of a Local Board" shall be

(b) in sub-section (5), for the words and letters "of a Part A S t a b or a Pa,rt C State", the words "of any State" shall be substituted.

7. Amendment of section 17, Act I1 of 19344.-In section 17 of bhe principal Act ,--

use (I), the words and letter "Tart B States" shall be

(2) in sub-clause (a) of clause (R), after the words "scheduleta bank" the words "or a State co-operative bank" shall be inserted;

(3) in sub-clause (b) of clause (R), for the words "nine months" the words "fifteen months" s p l l be substituted;

(4) in subalause (c) of cyause (2), the words and letter "or such securities of Part B States as may be specified in this behalf by the Central Government on the recommendation of the Central Board" ahall be omitted;

(5) in clause (4) , - (a ) the n-ords and letter "Part B States" shall be omitted; (b) in sub-clause (a), for the words "which have been trans-

ferred" the words " such documents having been transferred" shall t)e substituted;

se (6), the following clause shall be substitubed,

"(6) the issue of demand drafts, telegraphic transfers and other kinds of remittances made payable a t its own offices or agencies, the purchase of telegraphic transfers, and the making, issue and circulation of bank post bills;"; (7) in clause (8),-

e words and letter "or such Part B States" shall be

(b) in the first proviso, for the words "authority or State", in- both the places where they occur, the words "or authority" shall be substituted ;

(6) the s e m d proviso shall be omitted; (8) in clause (11),-

(a ) the words and letter "or any Part B State" shall be omitted; and

(b) after the words and figures "established under the Indus- t(ria1 Finance Corporation Act, 1948", the words "or the Govern-

, ment of any such country outside India or any such person a31

may be approve1 in this behalf by the Central Government" shall be inserted;

n* %

- - ___ _ _ _ -- - -- - - -

P -4 ;.:'j #? f . - ::$ $ 3 8 ; f93 $j $3 2

19511 Reserve Bank of InZia (Amendmefit) 8 -4 Ti 3

(9) in clause ( I s ) , for the words "in the shares" the words "in the A,$

shares and securities" shall be substituted; $ (10) in the second proviso to clause (Id), for the words " s h ~

eapital" the word "capital" shall be substituted; 4 %a

(11) for clause (75Aj. the following cltijuse shall be substitutedr 4 namely :- J

"(1cA) tha performance of the funotions of the Bank under fhe. 'I International Monetary Fund and Bank Ordinance, 1945 (XLVIL 4

S ef 1945), the Foreign Exchange Regulation Act, 1947 (VII of 1947), the Banking Companies Act, 1949 (X of 1949) or any other law for the time being in farce;".

8. Amendment of section 18, Act XI of 1934.-In sub-section (1) of see. ~n 18 of the principal Act, for the words "Central Board" the word

1 B

3enk" shall be substituted and shall be deemed to have been substituted " \ h effect from the 1st day of January, 1949. I 9. Amendment of section 19, Act 11 of 1934.-For clause (2) of section of the principal Act, the following clause shall b e substituted, nely :-

"(2) purchase the shares of any banking company or of any other oanipany, or grant loans upon the security of any such shares;".

10. Amendment of section 20, Act 1% of 1934.-In section 20 of the

I ~cipal Act, for the mrords and letter "the St-ate Governments and such b E States as may be approved of and notified by the Central Govern- lt in the Gazette of India" the words and letter "and the Governrrlentrr 'art A States" shall be substituted. L1. Amendment of section 21, Act II of 1934.-To section 21 of the Cip611 Act, the following sub-section shall be added, namely:-

'(5) In this section, the expressions "State Government" and "State Governments" do not include the Go~rern~nent of any Part B State. ' &. Insertion of new section 218 in Act I1 of 1534.-After section 21 e principal Act, the following seetion shall be inserted, namely:-

"21A. Bank to transact Govenzment business of P a ~ t B. States on qtsement.-(1) The Bank may by agreement with the Government C an7 Part B State undertalre-

(a) all its money, remittance, exchange and. banking transactions in India, including in particular, the deposit, free of interest, crf all its cash balances with the Bank; and

(b) the management of the public debt of, and the issue of any new loans by, that State.

(2) Any agreement made under this section shall be laid, as s o o ~ I may be after i t is made, befor,e Parliament."

Amendment of section 26, Act I1 of 1934.-In sub-section (2) of 126 of the principal Act, for the words "save at an office or agency Bank", the words "save at such office or agency of the Bank and

L extent as may be speoified in the notification" shall be substitutedl. Amendment of section 33, Act I1 of 1934.-In sub-section (3) of 33 of the principal for the words and figures of section 18"

rds, figurss and braokets "of sub-section (1) of section 18" shall be ltea.

Reserve Bank of India (Amendment) [ACT XXXII

15. Amendment o$ sections 36 and 37, Act I1 of 1934.-In sections 36 and 37 of the principal Act, for the words "sterling securities", wheravar they occur, the words "foreign securities" shall be substituted.

16. Amendment of section 42, Act II of 1934.-In section 42 of the principal Act,-

(1) for sub-section (2), the following shall be substituted, name 1y:-

" ( 2 ) E v a y scheduled bank shall send to the bank a r e t m signed by two responsible officers of such bank showing-

(a) the amount of its demand and time liabilities and the amount of its borrowings from banks in India,

(b) the total amount of legal tender notes and coins held m

by it in India, (c) the balance held by it st: the Bank in India, (d) the balances held by it a t other banks in curren)

account and the money at call and short notice in India, ( B ) the investments (at book value) in Central and State

Government securitiee including treasury bills and treasury deposit receipts,

(j) the amount of advances in India,

(9 ) the inland bills purchased and discounted in India, s t the close of business on each Friday, and every such reburn ghall be sent not later than five days after the date to which it relates :

Provided that where Friday ia a public holiday under the Negotiable Instruments Act, 1881 (XXVI of 1881), for one or more offices of a scheduled bank, the return shall give the preceding working day's figures in respect of such office or offices, but shall nevertheless be deemed to relate to that Friday:

Provided further tha'r, where the Bank is satisfied that the furnishing of a meekly return under this sub-section is impracti- cable in the case of any scheduled bank by reaeon of the geogra- phical position of the bank and its branches, the Bank may allow aoch bank-

(i) to furnish a provisional return for the week within the period aforesaid to be followed up by a final return not later than ten days after the date to which it relates, or

(ii) to furnish in lieu of a weekly return a monthly return to be sent not later than E o ~ t e e n ~ d a y s after the end of the , month to which it relates giving the details specified in thie sub-section in respect of such bank at the close of business for the month,"; l

(2) in sub-section (3A) , in clause (a) and in the Explanation, the words "managing agent" shall be omitted;

\ - (3) in sub-section ( 4 ) , for the words "shall be liable to pay to the : Central Government or to the Bank, as the case may be, or to each," the words "shall be liable to pay to the Bank" shall be substituted,;

. . - ...

. .

. .

Reserve B a n k of IGl.ia ( A m e n d m e n t ) -

(4) in sub-section (5 ) , for the words, brackek and figure "by' the Central Government in the case of A failure to make a return under sub-section (2) to the Centra.1 Government, or by the Bank with the previous sanction of the Central Government in other cases", the words "by the Bank" shall be substituted;

(5) in clause (a) of sub-section ( 6 ) , for the words "in any State of India" and "outside the States of India", the words "in India" and "outside India" shall respectively be substituted ;

(6) after subsection ( 6 ) , as so amended, the following rub-ee~chicsr, shall be inserted, namely: -

1 1

"(7) The Bank mdy, for such period and subject fo duch I conditions as may be specified, grant to any scheduled b ~ n k such ! exempticns from the provisions of this section as it thinks fit with reference to all or any of its offices or with reference to tho whole or any part of its assets and liabilities." !

17. Amendment sf section 44, A& B of X934.In section 44 of %he principal Act, the words and figures "with which i t has any transwtim adder section 17" shall be omitted.

18. Amendment of section 51, Act 11 d 193k.-1n seetion 51 of &a principal Act; for the words "Auditor General" the words "Comp%roUw and Anditor General" shall be substituted.

10. Amendment sf the Third Schedule, Act IX of 1934.-331 p ~ r a ~ a p b $ of the Third Schedule to the principal Act, for the words "the Sfab~'? the words a.nd lebters "Pn~t A skate8 and Park 0 Gtafe~" uhdl be a1ihati94hBad

i )q THE FINANCE COMMISSION ($ISCELLANEOUS 9

I PROVISIONS) ACT, \1951 d 4

No. XXXIII OF 1$51 i

An Act to determine tho qualSoations 'equisite for appok~t- ment as members of the ~inanooq~orumission and the mannor in which they shall be sele ed, and to prescribe their powers. 9"

I" [16th lWay, 19511 3 E it enacted by Parliament as follows: - !

1. Short title.-This Act may be called fthe Finance C~rnrnission I

I Miscellaneous Provisions) Act, 1951. 1 , i

2. Definition.-In this Act, "the Cominiss ' means the Finance :ommission constituted by tho President purs t to clituse (1) of article

1 :8U of the Constitution.

3. Qualifications for appointment as, and t i e manner or selection of, aernbers of the Commission.-The Chairman bf the Commission shall be elected from among persons who have had in public affairs, nd the four other members shall be selected persons who-

C (a) are, or have been, or are qualifiedjto be appointed as Judgee

I of a High Court; or --

(b) have special knowledge of the Enanees and accounts . of , Government ; or 1

! P (c) have had wide experience in finan ial matters m d in a h i n i s - .tration; or '

1 (d) have special knowledge of econo4ica. *

4. Personal Merest to disqualify wem rs.-Before appointing a laon to be a member of the Commission, President shall satisfy mself that that person will have no such nancial or other interest as likely to aftect prejudicially his functions $ e nember of the Corn- ~ssion; and tho President shall also satisff himself from time to time th respect to. every member of the ~omrnissjon that he has no such w e ~ t and any person who is, or whom !he President proposes to mint to be, a member of the commission^ shall, whenever required by , President so to do, furnish to him suchjinformation as the President lsiders necessary for the performance by im of his duties under this . tion. P 1

Frioe anna 1 OT Igd. t

. .-. ~..

behalf, determine.

, ,., A. I

An Act to amend the Assarn Rifles Act, 1941 4 I

I P' 117th May, 1961T :J BE i t enacted by Parliament as follows :- 2J 3

1. Short title.-This Act may be called the Assom Rifles (Amendment) Ad, ,951. - 1

3 2. Amendment of section 2, Act V of 1941.-In section 2 of the Assam Rifla 1

ict, 1941 (hereinafter referred to as the principal Act), to clause (4) the following rords shall be d d e d tpf the end, namely : -

"and a non-combatant appointed its such, whether before or after -&e oommencement of the Assam Rifles (Amendmenh) Act, 1951;".

I 3. Substitution d new section far section 6, Act 9 of 1941.-For section 8 I

i i %he principal Act, the following section shall be substituted, namely :- 1

"5. Classes and rank.--(1) There may be all or any of the clasaee I riflemen specified in the table hereunder, namely : - I

(i) SubadaH-Major. (i) Hospital attendam&.

[li) Subt~dars.

tii) Jemedare and Transport Jemader~.

(ii) Cooks.

(iii) Water-carriers.

v) Hevildsrs-Major. ( i v ) Cart-men

v) Havildars and Dafaders. (v) Range-wardew .

i) NalbmdB.

I) Nsikfl.

i) Lance Naiks.

(vi) Barber8

(vii) Washermen.

(viii) Sweepers.

;) Buglers, riflemen and mule drivers. -- and ouch grades in each class as the central Government may from time fo

I

)ime d i ~ c t . (2) Tha persons specified in column 1 of the table in sub-section ( I )

shall take rank in tha order mentioned in that %olumn."

Price anna 1 or 1&d,

-&sum RijCes (Amehdment) [AOT xxxw ,or 19911'9 ' ?..~:. 4. Amendment of section 8, Act V ot 1941.-~t the end of section 8 of kt :3? : . $5;. principal Act, the following Explanation shall be inserted, namely :- p& &: *x,.:,. $69. T:;.

" Esp1anation.-For-. the ~ j ~ l r ~ o s e s of this section, every non-combatad &*

U' +;..,.. eel- shall be deemed to be below the rank of a naik."

&%:, , 9;: , -~ . 6. Amendment of $chedule to ~ c t ' V of 1941.-In paragraph 2 of th& gi;: G,w ... aohedulee to the principal Act, after tlie words and bracket "motor driver,", the ?&:.t words "or as a hospital attendant, cook, water-ca.rrier, cart-man, range-warder, ..*.. 83 bwher, washerman or sweeper" shall be inserte'd.: .;g: g3-' ?j?g hsj:', . %.&+\~ *$< $.?.?-' . .

gy:. &$; w> , @$. ..c,:. g$ .<. .,

<,y** $if> \

... 1."- ' .&* C>% $%, *,s: - - x,<;, v.s; , +'i b'z 4,. ;.9?3<

r... fie, gg <*<? &: t* 'i c. ?:;@'?

ijj,:; %i &;

@<$.*.3

&a,. c$:.$,* )'l.. p; F.!,.

1 THE PORT TRUST8 A > ---.---

No. --

An Act further to amend the Bombay Port Trust Act, 1879, the 1 Calcutta Port Act, 1890, the Madras Port Trust Act, rgog and the 1 Indian Ports Act, 1908, for certain purposes and to make certain I consequential amendments in the Calcutta Port (Pilotage) Act, 1948.

i

BE it enacted by Parliament as follows : -

CHAPTER I

1. Short title and commencement.-(1) This Act mag be called the Pod Trusts and Ports (Amendment) Act. 1951.

4 (9) I t shall come into force on such date or dates as the Central Gorern-

ment may, by notification in the O h i a l Gazette, appoint and different datm may be appointed for different provisions of this Act.

CHAPTER I1 I

2. Arne~dment Of sectioa 3, Bombay Act V I of 1879;-In section 3 of the Bombay Port Trust Act, 1879 (hereinafter in this Chapter referred to as the Bombay Act),-

(a) after clause (2), the following clause shall be inserted, namely :- ''(3) !vessel' include anything made for _the conyoyame mainly

by water of human beings or of property;'.'

( b ) for olause (a), the following clause shall be substituted, namely:-

" ( 4 ) 'master' when used in relation, to any vessel or to any &. craft making use of the port, means any person having for the time being the charge or control of such vessel or such aircraft, as the , case may be, except a pilot, harbour master, berthing master, dock master or assistant harbour master of t6ho port,;'?;

(c) in clause (5), after the words "any vessel" the words "or any air- oraft making use of the port" shall be inserted;

Port Trus t s and Ports (Avze?zclment)

r clause (I,!?), the fol!orving clause shall be substituted, name

" ( 1 2 ) the words 'public securities' mean-

( a ) promissory notes, debentures, stock or other securities of the Central Government or of any State Government;

( b ) debentures- or ether securities for money issued by, or on behalf of, any municipal body, Irnprovcment Trust or Port Truet under the authority of a123 law for the time being in force in India and includes the aebentures or other securities issued by the Board under this Act." .

8. Insertion of new section 3A in Part I of Bombay Act VI of 1879.-In Part I of the Bombay Act containing t l ~ ~ l i e a d i n g "Preliminary", after section 8, B e following section shall be inserted, ,namely:-

"3A. Requirements us t o publication of not i f icat ions, oi-ders, e tc . , i n the Official Gazette.-(I) Any requirement in this Act that a notification, order. rule or bye-law issued or made by the Board or by the Central Government shall be published in the Official Gazette, shall, unless otherwise express13 provided in this Act, he construed as a requirem'ent tliat the notification,, order, rule or bye-law shall-

(a) where it is iss~lerl cr m ~ d e by the Board, be published in the Official Gazette of the State, and

(b) where it is issued or made by the Central Government, be published in _the Gazette of India. (2 ) Any notification, order, rule or bye-law issued or made by the

Central Government shall, for general information, be also republished i ~ i the Official Gazett,e of the St?te."

4. Amendment of section 7, Bombay Act VI of 1879.-In section 7 of the Bombay Act, for the words "nominee-trustees and the Chairman shall be erppointed" the words "nominee-trustees other than those who are ex-oficio #wetees shall* be appointed either by name or by virtue of office" shall be substituted.

6. Repaal of section 8, Bombay Act VI of 1879.-Section 8 of the Bombaj Act is hereby repealed.

6. Substitution of new sections for sections 9, 10 and 11, Bombay Act VH DI 1879.-For sections 9, 10 and 11 of the Bombay Act, the following sections ,ahall be substituted, namely : -

" 9 . T e r m of office of naminee and elective trustees.-(1) Subject ta the provisions of sections I l A , 13, 13A and 14-4, a nominee-trustee appoint ed by name or an elective-trustee shall hold office for a term of two years commencing on the first of April next following t,he appointment or election, as the case may be, of such trustee.

(2) Subject to the provisions of section 11A, a nominee-trustee appoint ed by the Central Government by virtue of an office shall, until the Central Government by notification in the Official Gazette otherwise directs. continue to be a trustee so long as he coiltinues to hold that office.

10. Filli7tg of waeuncZes in t h e office of trustees.-(1) Eve17 vacancl in the office of a nominee-trustee appoilited by name or of an elective-

' t.mstee caused by the expiration of the term of office of such trustep shall be filled by appointment or election, as the case may be, within one month immediately preceding the State of expiration of such term.

< % .

2

OF 19511 Port l ' rusts a~zdPPo?ts (A.irze~zdment)

($1 Every vaarzncp in the uMce oi a nominee trustee appointed by t h -3 Central Gorernment -by virtue of an oflice caused by the expiration of f b -!-( &nn of offic,e of such trustee or otherwise shall be filled by appointmen% ;: within one month of the occurrence of such vac:incy.

. 11. T h e Ckairn1~n.-The Chairman shall be ap~iointed by the Central i, Government by notification in the Official Galette and shall hold O!%CP 3' during the pleasuro of the Central Government.

11A. Resignat ion oj t ~ u s t e e s . - A nominee-trustee appointe& by t6e * 2;

Central Go~ernment , whether by name or bjr virtue of an office, or an 3 elective-trustee may a t any time resign his office by giving notice in writ- q b g to the Chairman who shall forward the same to the Central Government,; and on auch resignation being accepted by that Government he shall czaea to be a trustee, and his office shall thereupon become vacant." 5 ir

a 7. Amendment Of section l.3, Bombay Act VI of 1 8 7 9 1 n section 13 of th& 33 4-r

Bombay Act,- (a) in sub-section ( I ) , for the ulords "a trustee other than the Chair;

man occasioned by the death, resignation or disqualification of ~ u c b 5 trustee", the following shall be substituted, namely:- 3 3

"a nominee-trustee appointed by name or of an elective-trustee, 1 occasioned by the death or resignation of such trustee or by virtue 1 of the provisions of section 14A "; 4

( b ) in sub-section (2),- t (i) for the words "a trustee", in tho first place where the^ 1 occur, the words "a noniinee-trustes appointed Isy name or an elective-

trustee" shall be substituted; (ii) for the words "elected or appointed as aforesaid" the wordta

"appointed or elected, as the case may be" s h d l be substituted; i

(iii) for the words "a trustee", ill the second place where the? occur, the words "such a trustee" shall be substituted.

I. Insertion of new section 13.4 in Bornbay Act VI of 1879.-After sectim- oi the Bombay Act, bhe follou-lng sectlon shall be inserted, namely.-

"13A. Saving p.rouision for uppointrneqzt o j nominee- t rus tees and e l s ~ tiue t rus tees alter t h e p r e s c r ~ b ~ d period.-(1) Nothing in the foregoing yi-c- visions shall prevent a person being appointed by the Central Governmeps% to fill any vacancy in the. office of a nominee-trustee after= ths expiration o t $he period specified therefor in sectio?i 10 or section 13, as the case may be, if for any reason i t has not been possible lor the Central Government .&q make the appointment within the said ~ ~ e r i o d .

(2 ) If the C e ~ t r a l Govern~nent is satisfied that an electing body has failed to elect a trustee within the period specified thesefor in section 1Q , or section 13, as the case may be, for reasons beyond its contro!, t h e Central Government may, by notificatiou in the Official Gazette, direc$ that the election shabl be held on or before such date (after the expiratior; ~f the said period) as may be specified in the notification.

(3 ) Where a nominee-trustee is appointed by name, or an electivn rustee is elected under sub-section (2)'of this section or nominated uiidet ub-section (4) of section 6 to fill any such vacancy as is referred t o i~ eotion 10 after the expiration of the period specified therefor in that sction; the term of office bf sue11 trustee shall Gccmence on the date on ehich his appointment, election or nomination is notified in the Officiat azette and shall expire 011 the date on which his term of office would h a r e rpired if his aypqintment, election or nomiliatim, aa th-3 capo Ir,ay be, had-, >en made within the period so specifies in section 10."

~.. ~ . ~ . ~ . . ~ - . .

P o ~ t ~ rushs oncl LJo~t,q ( r l ~ l ~ . ~ . r ~ d m e ? t t ) I BCF XZXV'

41) in sub-section (1)- , (a) in clause (a), for the words "uncertificated' bankrupb or" tb

,-word "undischarged" shall be substituted; (b) in clause (b),- . :

;I) after the words "for an offence" the words -"invo1ving moral turpitude" shall be ingertrcl; and

(iq after the words "reversed or quashed" the words "ualew %he Central Government has by order removed the disqualificw -*tion" shall be inserted; (c) in clause (c),--

( i ) the word "or" at the end shall be omitted; and (ii) to the said hlause, the following proviso shall be addeik,.

"l'rovided that this disqualification shall not apply to the cllairinail, ex-oficio trustees and trustees appointed' b~

-virtue of office; or". $2) In clause (f) of sub-section (2), for the words "two thousand" the

,words "ten thousand" shall. be substituted. ifo. Amendment of sect.ion 14A, Bombay Act VI of 1879.-In section 148

&-.the Bombay Act, for the words "Any trustee" the words "Any nominee- hrustee appointed by name or elective-trusbce" shall be substituted.

. 11. Amend'ment of section 14B, Bombay Act VI of 1899.-In ,section 14B af ;ihe Bombay Act, f o ~ the words "officers. or servarits of the Board ar of an7 [

' &sS of persons elllployed by or on behalf of the Board" the words '"employees 1 af .t%e Board" shall be substituted.

12. Substitution of new section for section 15, Bombay Act VI of. 1879.- :

For section 15 of the Bombay Act, the fol1owing~'section shall be substituted, 1 t$g xvL mnleiy : ---

"15. (1) Salary and allowances of the Chairman.-The Centra rGovernment may, from time to time, determine the salary and allowance if any, to be paid to the Chairman, and may .prescribe the conditio -and restrictions subject to which such salary or allowances shall be payabl

p@ %< , ' .$$

(2) Fees puyable to trustees other than the Chairman.-The Cent' 4;. Goverarnant q a y det#ermine, frolrl time to time, the fees, if any, t$ $: :paid to the trustees or to any class of .them (other than the chairman) +: Z

attendance at neet tinge, and may prescribe the conditions and restrictio T..? Vv

subject to which such fees shall be payable." ,i 1; 6: . 18. imenciment of section 16, .Bombay Act VI of 1899.-In section 16 , . s e Bombay Act,-

( I ) Tn clause (2)- 1 (9 to sub;clause (g), the following shall be added, namely : and the said minutes, excepting such portion thereof as t Chairman may in ally particular case direct, shall a,lso be 0

to the inspectioil of the public a t the office of the Board d

1. office hours on payinent of such fee for each inspection as

jl frdin time to time, be fixed by the Board;" I (ii) after sub-clause (g), the 'following - sub-clause shall [ inserted, namely : - i - " ( 1 2 ) a summary of the minutes of .every lneeting of I Board shall, as soon as practicable, be published in the 0

Gazette";

4 - :ii~."i-~ss 4 OP 10511 Port il'rusts arzci Ports (Anze~zclme~~t) - - $ s, - - 1. ,g: 3 .

gj (8) in clause (3),-- ;:I

(a) for the words "any coinmittee so formed", in the first place whcrc they occur, tlie words "any Committee to which ar,? such 3 aower has been so delegated" shall be substituted; 4

(b) for the words "any committee so formed", ill the second place where they occur, the words "any such cornruittize" shall be eubstituted.

14. Insertion of nEw section 16A in Bombay Act VI of 1879.-After s e c ~ o ~ 16 of the Bornbay Act, the following section shall be inserted, namely :- I

"16A. Power of Boatd t o enter into cont~acts .-The Board may entm into contracts ior car r~ ing into effect the purposes of this Act: 1

Provided that no contract, under or by virtue of which a sum greata i ' than seven lakhs of rupees may in any event be payable by the Boar&,

shall be valid unless it has been made with the previous sanction of bbe Central Government. "

16. benlsdment of section 17, Bombay Act VI of 1879.-In section 17 of i the Bombay Act,, for the words " m e thousand" the words "five thousand" ahall be substituted. !

16. Amendment of section 18, Bombay Act VI of 1879.-To section 18 of I the Bombay Sc t , the followiilg proviso shall be addcd, namely:- I

"Provided that 130 settlement shall be mado under this section withoui the previous sanction of the Central Governmeilt if such settlement in. volves a sum exceeding kwenty-five thousand rupees."

17. Substitution of ltemployees, etc." for I1oficers and servants, etc." i@ lections 19, 21, 22, 25, 49, 51, 68, 78, 82 and 87.-Save as otherwise expres~ly pr~vided in this Act, in sections 19, 21, 22, 25, 49, 51, 68, 78, 82 and 87, for bhe words "officers and servants" or 'officers or servants" or "officer or iervant " or "officer ", wherever they occur, the '~vords "einployees" 0~

'employee", as ihe case may be, shall be substituted. 18. Amendment of section 20, Bombay Act VI of 1879.-In section 20 of

he Bolmbsy Act,- (1) for the words "The allowance, if anj7," the words "The leave

sa la~y and the allowances, if any," shali be substituted; after the words "The salary" the words "and the allowaaces, if

apy,'P)shall be inserted. 19. Insertion of ,new sections 20A and 20B in Part I1 of Bombay Act VP 0%

179.-In Part T I of the Bombay Act containing the heading "Of the B o d ! Truetees", after section 20, the following sections shall be inserted, name- ? : -

"209. Gratuity , etc . , for Clzairnzan.-The Central Goverllment may fix the amount of gratuity or compassionate allowance, if any, which shall be paid to the Chairman on his retirement from office and may determine the conditions under which the said gratuity or compassiollate allowancs shall be so payable.

3OB. Petnaission i o Chairman to join Provideni. Fund.-Xotwitthb?an8' ing allything contained in this Act the Central Governmellt may permit the Chairman who, before such appointment. had been an employee of the Board, to join the provident fund established by the Board under clause (fi) of section 22 for the benefit of the emplogees of the Board and may deterzine the conditioils and cestrictiolls subject to which sncb permission may be given."

d 3&6 6 - -. ;. c . : Port T r u s t s and Por t s ( A m e n d m e n t ) - \ACT xxxv

20. Amendment of Section 21, B ~ m b a y Act V I of 1879.-In tha provieo -&a section 21 of the Bombay Act,-

(1) in clause ( b ) , the words "or who are engaged for a definite perkd exceeding six months" shall be omitted;

(2) the words, figures and brackets "of section 22, clauses (1) to (4) both inclusive, or" shall be omitted.

21. Amendment of section 22, Bombq Act, VP of 1879.--In section 22 of the Bombay Act,-

(1 ) in clauses (5) and ( 6 ) , the words "and the Chairman" shall be .omitted;

(2) for clauses ( 6 A ) and ( 6 B ) , the following clause shall be substituted, asmely : -

" ( 6 A ) for authorising the payment of- (a) contr ibut ions t a wel fare fund-contributions to any wel-

fare fund which may be established by the Board for the benefit of the employees appointed under this Act;

( b ) c o n t r i b u t i o ) ~ s or a p p r o p ~ i a t i o n s t o special fund--contributions or appropriations to' any special fund which may be established by the Board for any of the purposes of this ,4ct:

Provided that no such special fund shall be established -without the previous sanction of tha Central Govern- ment; and the maximum rate of annual contribution to any such welfare fund or special fund and the maximum amount to which any such welfare fund or special fund may be allowed to accumulate shall be fixed from time to time by the Central Govern- ment' ; '-' ;

(3) in clause (8),- (a) the words "with the previous sanction of the Central Govern-

ment" shall be omitted; ( 6 ) aft8er the words "mido-crs or children" the words "or other

eurviving dependent relatives" shall be inserted; (4) after clause (8), the following clause shall be substituted,

,aamely : - "(9) tor regulating the recruitment, promotioti, conduct, discipline,

punishment and any other mattes relating to the terms .Matters rebatihg to aacl conditions of service applicable to the employees of cbhms and the Board or allot~nent of premises to them or their right# of service not covered .by other clauses. ailcl their privileges, not covered by any of the foregoing

clauses. " (5) for the existing proviso Bt the end of this section, the following

proviso shall be substituted, namely : - "Provided that the regulations framed under this section shall no6 1

take effect unless and until they have been approved by the Central Government. "

22. Repeal of section 22A of the Bombay Act.-Section 229 of the Bombay 'Act, is hereby repealed.

23. Substitution of new sections for section 23, Bombay Act V I of 1879.- For section 23 of the Bombay Act, the following sections shall be substituted, a r n e l y . - ,

"23. A p p o i n t m e n t s , e tc . , by w h o m t o be made.-(1) Subjoot to the '

qrovisions of the Schedule for the time being in force, sanctioned by khs J

'

Board under section 21 a Board under sections 22 the power o l appointing, promoting, granting leave to, suspending, fining, reducing or dismissing, or of disposirlg of any other question relating ta ,the servic3s of, the employees of the Board includins the power oi dispensing with the servlces of any such employee otherwise than by reason of such employee's own misconduct, shall be exercised, in the oase of err~ployees whosc rriaximum nionthly salary .?xcluaivc of allowances is less than one thousand rupees, by the Chairman and in eveq, other case, by the Board.

(2) The Chairman may upon such terms as he may think fit and subjeot to the provisions referred to in sub-section (1) and to the Chairman's powen of revision and control, delegate to the head of any department for the ' time being all or any of his powers under theusaid sub-section in respeot of the crrlploy~es of .that department whose monthly m:~ximnm salary es~ilusive of allowances does not exceed three hundred and fifty

rupees.

(3 ) Notwithstanding anything contained in sub-section (I), the power 60 make appointment to the posts of heads of departments shall be exercisable only by the Central Government after consultation with the Ghairman.

(4 ) The Centrai Government may by order specify each of the poets the incumbent of which shall, for the purp0se.s of this section, be regarded as the head of n depz~trnent.

- 238. er .sp~sal of fines realised u n d e r section 23.-Notwithstancling auy-

fhiug contained in section 49, all fines realised under section 23 shall be credited to any such welfare fund as may be established by the Board for the benefit of the employees appointed under this Act."

24, Substitution of new section for section 24, Bombay Act VI of 1879.3 ?or section 24 of t.he Bombay Act, the following section shall be substituted, 3amely :-

"24. Sanction of Central Government when ~zecessary.-(2) E v e r ~ order made by the Board under section 21 or section 23, save where such order has been made in accordance with the regulations, for the time being in force, framed under section 22 shall, so far as the same re!ates to any employee of the Board whose maximum monthly salary esclusive of allowances is not less than one thousand rupees, be subject to the sanction of the Central Government.

(2) For the purposes of sub-section (I), any person who rimy, from time to time, be employed as Consult,ing Engineer to the Board othe~-wiaa than on the basis of payment of monthly salary shall be deemed to be cm employee R-hose maximum monthly salary exclusive of allowances is not less than one thousand rupees."

25. Repeal of section 25, B o m b a y Act VI of 1879.-Section 25 of the ombay Acl is hereby repealed.

26. Amendment of section 26, Bombay Act VX of 1879.-In the proviso section 26 of the Bombay Act, for the words "fifty years" the vords ''thi* m" shall be substituted.

8 $68~ P a d rusts alzd ports ( A m e ~ ~ J m e j ~ t )

. Repeal of section S2, Bombay Act V I of 1879.-Section 32 of the ay Act is hereby repealed.

28. Amendment of section 89, Bombay Act VI of 1879.-Clause ( i iq of the proviso to section 39 of the Bombay Act shall be omitked.

29, Amendment of section 4113, Bombay Act Vlt of 1879.-Section 4JB of fhe Bombay Act shall be renumbered as sub-section (1) of that section; and-

(a) in that sub-section as so renumbered, for the word "value" the worda "current market value" shall be substituted ; and

( b ) after the said sub-section, the following fiub-section shall be inserted, namely : -

"(2) If the cash and the current market value of the securitiee a t the credit of the sinking fund are in excess of the amount which should be a t its credit, the Accountalit-General shall certify the amount of this excess and the Board may, with the previous sanction of the Central Government ,-

(a) withdraw the whole or any part of the certified excess in the sinking fund, or

( b ) reduce or discontinue the half-yearly contributions to the sinking fund prescribed by sub-section (1) of section 41A, or

( c ) adopt a combination of these measures."

80. Insertion of new sections 41D and 41E in Bombay Act VI of 1879.-- @%er section 41C of the Bombay Act, the following sections shall be inserted, namely : -

"41D. Power t o repay loo,ns bejore d u e date.-The Board may with the previous sanction of the Central Government apply any sums, out of moneys which may come into their hands under the provisions of this Act snd which can be so applie$ without prejudicing the security of other holders of debentures issued under this Act, in repaTing to the Central Government any surrr which may remain due to them in respect of the principal of any loan, although the time fixed for the repayment of the same may no& have arrived:

Provided that no such repayrriont shall be made of any sum less than ten thousand rupees; and that, if such repayment is made, the amount of interest in each succeeding in~ta lment shall be adjusted so as to represent exactly the interest due on the outstanding principe;, -

41E. Loalts to be raised in India and in Ind ian cztrren.c?j.-Unless the GenEral Government by notification in the Official Gazette otherwise direcf, all loans contracted by the Board shall be raised in India and in the Indian currency ." 81. Substitution d new sections for sections 42A to 42E, Bombay Act VI of

1679.-For sections 42A, 42B, 42C, 42D and 42E of t8he Bombay Act, the Following sections shall be substituted, namely:-

"42A. Right of s u ~ v i n o r s o j joint or several payees of debentures and 6ecun'ties.-(1) Notwithstanding anything in section 45 of the Indian Contract Act, 1872 (IX of 1872),-

( a ) when any debenture or security issued under the provisions of this Act is payable to tn-o or more persons jointly, and either or any of them dies, Zhe debenture or security shall be payable tlo the survivor or survivors of those persons,' and

,.., .-;:, 7 . , "

Poyt Trusts anct Ports (ii7nelzdnze&b)c' .'.

(b) W I ~ P I I any sueh debenture or security is paytible to two or inore persons severally, and either or any of then1 dies, t,he debenture or s ec~~r i t y shall be payable to the survivor or survivors of thos:? piJrsons or to the ycpreseiltative of +,he deceased or to ally of them.

( 2 ) Tl$s section shall apply whether such death occtirred or occurs before or after the commencement of this Act.

(3) Sothing herein contained shall affect any claim which any rc presents. tives of a deceased person may have against the survivor or survivors undek or in respect of any debenture or security to which sub-section (1) applies.

(4j For the purposes of this section, a body incorporated under t h e Indian Companies Act, 1913 (YII of 1913) or the Co-operative Societies Act, 1912 (I1 of 1912) or any other enactment for the time being in force whether in or outside India, relating to the incorporation of associations of individuals, shell be deemed to die when it is dissolved,

42B. POWET of one of two or ?nore ljoint holders t o grant receipts.-Where $wo or more persons are joint holders of any debenture or security issue& under the provisions of this Act, any one of those persons may give an effeo- h a 1 receipt for any interest or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to the Boa+ '-

by auy other of the holders.

42C. Prohihitio~z of i~zdorsements elsewhere tlza~z on tlze rlebenture OF 8ecurity.-Notwithstanding ailythiug in section 15 of the Negotiable Instru-

I ments Act, 1881 (SXVI oS 1881), the holder of any debenture or security

I issued under the provisions of this Act and transferable by ii~dorsement shall 1 not be said to i31clorse the debenture or security, or be called the i~ldorser thereof, i f , when he signs thesame for purpose of negotiation, he subscribes I

his Ggnature for that purpcse elsewhere than on the^ back of the debenture on security itself. .

42D, lndorser of rlabatzfure or security not l.iable for anzoulzt t1zaroof.- Notwithstanding snytlthlq ill the Negotiable Instruments Act, 1881 (XYVI of 1$51), a person shall not, by reasor. only of his having indorscd any debenture or security issued ui?der the prox7isions of this Act, be liable to pay any money due, either as principal or as interest, thereunder.

42E. I?npression of srg?zatzi~e on debentures and securities.-(I) The signat~r,? of t h o pr-.;.son authorised to sign debentllres or securities on behalf of the Board may be printed, engraved or lithographed, or impressed by suoh other mechanical process as the Board may direct, on the debentures or securities.

(2 ) A signature qo printed, engraved, lithographed or otherwise impressed shall be as valid as if it had been inscribed in the proper handwriting of the person so authorised.

42F. Issue of duplicute dehentlires and securities.--(1) When any de-' benture or security is'sued under the provisions of this Act is alleged to have been lost, stolen or destroyed either wholly or in part, and a person claimc to be the person to whom hut for the loss, theft or destruction i t would be payable, he may, on application to the Board, and on producing proof ta- their satisfaction of the loss, theft or destruction and of the justice of t h e claim and on payment of sllcl~ fee, if any, as may be prescribed by rules made under section 42J, obtain froin the Board an order for-

((I) the payment of interest in respect of the debenture or security said to be lost, stolen or destroyed pending the issue of a duplicde, debenture or eecurity, a ~ d

( b ) th,; issue ,of a cluplicate debenture or security 2ayabl~. to the applicant.

( 2 ) An order shall not be passed under sub-section (1) until after the issue of such notification as may be prescribed by rules made ui~der section 42J of the loss, theft or destrl~ctioc.

(3) h list of the debentures or securities in respect of which an order is passed under sub-section (1 ) shall be published in such manner as may .be prescribed by such rules.

(4) If a t any time befcre the Board become discharged under the provisions of t,his Act from liability in respect of any debenture or security the whole of which is alleged to have been lost, stolen or destroyed, such debenture or security is fo~md, any order passed in respect thereof under thii section shall be cancelled.

42G. Issue of converted, etc . , debentures and secu~ities.-(1) The Board may, subject to such cond:tio~ls as may be prescribed by rules made under 4eetion 42J, on the application of a person claimiag to be entitled to any debenture or security or debentu-es or securities issued under the provisions of thin Ach, on being satisfied of the justice of the claim and on delivery of the debenture or security or debentures or other securities receipted in the manner prescr~bed by such rules and on payment of such fees, if any, as mag be so prescribed, convert, consolidate or sub-divide the debenture om securitv or d2bentures or securities, and issue to the applicant a new debenture or security or debentures or securities accordingly.

(2 ) The conversion, consolidation or sub-division referred to in sub-aea- tion (1) may be into a deberituro or security or debentures or securities of the -same or different classes or of the same or different loans.

42H. Discha~g, ; in certain cc~ses.-Notwithstaading anything contain- e d in section 10 o' the Indian Limitasion Act, 1908 (IX of 1308),-

( I ) on payment of the amount due on any debenture or security issued under the provisions of this Act on or after the date on which payment becomes due, or

(ii) when a duplicat,e debenture or security has been issued under ~ ~ c t i o n 42F, or

(iii) when a new debenture or security or debentures or securities has or Lave beell issued upon conversion, consolidation or sub-division under sectioil 42-G, -

-:the Bosrd shall brt discharged from all l iabilty in respect of the clebe 61' security or debentures or securities so paid or in place-of which a dup a n e w debenture or security o r debentures or securities ha,s or ,heen issued- r (a ) in the case of pa^-ment-after the lapse of six years from the

date on which paynlent was due;

( b ) in the case of a duplicate debenture or sccurity-after the lapse of six Sears I-ro111 the data of the publication uadcr sub section (3) of

! section 42P of the list in which the debenture or security is Erst men- I tioned, or from Ihe date of the last payment of interest on the original I

i clebei~t~ure or security, whichever date is later;

/ ( c ) in the case of a new debenture or security issued upon conver- I sion, consolidation or sub-division-after the lapse of six gears hom

-the dnte of the issue thereof.

-

.7

OF 19511 Pol-t Trusts un,L 2 ' 0 1 is ( A ~ t ~ ? z i Z t 7 z d t ~ t ) 1 1 7 1 U

491. ~ ' 3 u e s of S ~ O O ~ C c~~t i j i ( ;u tes , - - ( l ) 'LILle Board at its d.iscretion a t t)b time of iss71e or a t any time dur~ng the currency of any debentures or eecuri- ties issued l~ncler the prorisions of this Act, upon the application of the sub- scriber for, or holder of, any such clebentures or securities, issue to him, in lieu of the debentures or securities deliverable to or held by him, a certificate in the nature of a stock certificate in respect of each loan to mhich such debentures or securities relate, which shall be in such form as the Board, with the previous consent of the Central Government, shall from time to time determine, and all the provisions of sectioll 41 as to the intereel( on debentures shall apply to the interest on the stock certificates.

(2) The Board shall upon the application of the holder of a stock certificate convert the same into debentures or securities of the loan to which i4 relates.

425. Board empowered l o ?nuke rules.--(1) The Board may from time & hime make rules to prescribe--

(a) the amounts for ;c.hich stack certificates may be issued; (b ) the fees,to be levied in respect of the issue of stock certificates; (c) the mode in which paymcljt of interest in respect of all deben-

tures, sjtock certificates a11d other securities issued under the provisbn~ of this Act is to be made, recorded and aclinowledged;

(d) the circiimstances and the manner in which such debentureg and securities may be renewed;

( e ) the circumstances ill which such debentures and other securitiea must be renewed before further payment of interest thereon can be

i I

olairned ; 1 (ff the fees to he l e ~ i u d in respect of the issue of renewed deben.

tures or other securities, (9) the form cjf transfer to be used, the formalities to be observed

and the fees to be levied on a transfer of stock; (it) the form i3 which debentures or other securities delivered for

renewal, conversion, consolidation or sub-division are to be receipted; ( i) the proof to be produced by persons applying for duplicate d6-

bentures or other securities; (j) the form and manlier of publication of the notification mentioned

in sub-seotion (2) of section 42F, the inanner of publication of the lies mentioned in sub-section (3) of that section, and the fees to be levied in respect of the issde of duplicate debentures or other securities;

(k) the circumstances and manner in which duplicate stock certificates may be issued and the fees to be levied on any such issue;

(I) the nature and amount of indemnity to be given-by a pemon applying for the payment of interest on debentures or other securities alleged to have be-en wholly or partly lost, stole11 or destroyed, or the issue of duplicate debentures or other securities;

(m) the conditions subject to which debentures and other securitica issued under tlie propisions of this Act may be converted, consolidated or sub-divided, and the fees to be levied in respect of the conversion, consolidation and sub-division of such debentures or other securities;

(n) generally the measures to be adoptecl for carrying out the pwposer of this Part. (2) The Board may also, from time to time, vary, alter or revoke an2

a c h rules SO made by them. .

$ 2 Port Trusts and Ports (Ameizd?ne?zt) [ACT xXXV

KO rule, or alteration or revocation of a rule, shall have effcct until approved by the Central Government, a been published in the Bombay Govcrnlne~~t alteration or revocatjLn of a rule, shall be ap ment until the same has beell publ~shed for two weelis successively in the said Gaeetle and until fourtecn days have expiled from the date on which the same had been first published in tliat Gazette.

The Central Government may, a t any time by notification in the said Gazette, ~ a n c e l any rule published under the provisions of this section.

42K. Power of Board to borrow by means of temporary overdraft of 0tlzerwise.-Notwithstandi~i~ anything contained in this Act, the Board may borrow moneys by means of temporary overdraft or otherwise by pledging the debentures or other securities held by thein ia their reserve funds or on the security of their fixed deposits :i> their banks.

\ Provided that such temporary overdrafts or other loans- (a) shall not a t any time have a longer currellcy than six months;

*and (b ) shall not be taken without the previous sanction of the Central

Government if s t any t i n~e irl any year the amount of such overdrafts or other loans exceeds ten lakhs of rupees: Provided further that rill moneys so borrowed by temporary overdraft

or otllemise shall be expended for the purposes of this Act. 42L. Power of Board to raise loans u d e r the Local Authorities Loan8

Act , 1914.-Nothing contained in this Act shall be deemed to affect the power af the Board to raise loans under the Local Authorities Loans Act, 1814 (IX of 1814)."

82. Amendment of section 43, Bombay Act Vf of 1879.-In section 43 of @e Bombay Act,--

( I ) the word "and" at the end of clause (b j shall be omitted; (2j to clause ( c ) the w o ~ d "2nd" shall be added; (3) after clause ( c ) , the fgllowing clause shall be inserted, namely:-

" ( a ) for permission to make any other use of". 88. Amendment of section 4 3 4 Bombay Act VI of 1879.-In section 43A o(

the Bombay Act,- I

( I ) cltiuse (a ) , for the word"'doc1i" in the two places where it occurs: the words "wharf, dock or pier" shall be substituted; - I

! (2) the word "and" at the end of clause ( b ) shall be omitted; I

(8) after clause (c), the following clauses shall be inserted, namely: 4 " ( a ) lor the loading, unloading, carting, sorting, weighing, stookind

I aud repacking of goods; X I 1 ( e ) for the towing of, snd rendering assistance to, vessels withiu

the port limits; and - ! (0 for any other services in respect of vessels or goods excey&ini

services for which fees are chargeable under the Indian Ports Act, 190G (XV of 1908). " I

6s. Amendment of Section 4333, Bombay Act VI of 1879.-In section 4 3 ~ of the Bombay Act,.--

(1) after sub-sectioii ( I ) , the following sub-section shall be insertedi namely :--

" ( 1 A ) Power of Ce~ztral Government-to cancel scnle cf tolls, etc.-. - . It shall be, competent for the Central Government a t ally time t o canml

I

P o ~ t Trus t s atzd Porls ( A n ~ e n d m e n t )

any of the scales framed under section 43 or section 43A, or to call upon the Board t,o modify any portion of s u ~ h scales; and thereupon the Board shall modify such scales accordingly.";

(2) in sub-section (Z), after t,he words "in special cases" the words "for reasons to be recorded in writing" shall be inserted.

35. Insertion of new section 43C in Bombay Act VI of 1879.-After section LYB of the Bombay Act, the following section shall be inserted, namely:-

"43C. Power t o l s v y concessional rate of charges o n coastal crrrgo.--In framing scales under section 43 or section 43k, the Board may prescribe a lower rate of charges in respect of cargo carried in a vessel from one lndian port to another.

Explanation.-For the purposes of this section, the expression "Indian 3ort" includes the ports of Diu, Daman, Alarmagao, Panjim, Mahe, Karaikd md Pondicherry . ' '

36. Repeal of sections 46 and 47, Bombay Act VI of '1879.-Sections 46 and k7 of the Bombay Act are hereby repealed.

37. Amendment of section 48, Bombay Act VI of 1879.-In section 48 of he Bombay Act, for the figures "46" the figures "45" shall be subst-ituted. 38. Amendment of section 49, Bombay Act VI of 1879.-In section 49 of $he

3ombay Act,- (1) before the words, "The moneys credited to the general awounj

shall be held by the Board in trust," the words, figures, brackets and letters "Subject to the provisions of section 36 of the Indian Ports Bob, 1908 (XV of 1908)" shall be inserted;

(2) in sub-clause (ii) of clause (i),-- ( i) i!l paragraph ( b ) , the words "and the Chairman'' shag ba

omitted ;

(ii) in paragraph ( c ) , the words "or funds" and the proviso t'o the said paragraph shall be omitted; (3) in clause (7) , after the word "children" the words "or othor sur-

viving dependent relatives" shall be inserted; (4) after clause (7 ) ending with the words "in the service of the

Board", the following clauses shall be inserted, namely : - " (8 ) the payment of such sums as may from time to time be agree&

upon by the Central Government and the State Government or by the Board and the State Government as a reasonable contribution on account of expenses in connection with the watch and 'ward functionr of the harbour police and the police employed for guarding the dookn, warehouses and other property- of the Board;

(9) any other charge for the purposes of this Act or for whioh thr~ Board may be legally liable.";

(5) the first proviso shall be omitted;

(6) in the second proviso the word "also" shall be omitted.

39. Insertion of new section 49A in Bombay Act VI of 1879.-After section 9 of tho Bombay Act, the following section shall be inserted, namely:-

"49A. Power t o transjer m o n e y s from t h e general account t o t h s pilotage account and vice versa.-The Board may, with the previous sano- tion of the Central Government, apply any gum out of the moneys credited

14 174

Port Trusts a91d Pnrts (Amendnze~zt) [ACT xxxv

the gensf81 account of the port towards meeting deficits, if any, in the pilotage account of the port maintained under section 3G of the Indian Ports Act, 1908 (XV of 190S), or transfer the whole or any part of 'any surplus funds in such pilotage accouut to the general account of the port."

40. Repeal of section 50, Bornbay Act VE 02 1879.-Section 50 of the Bombay Act is hereby repealed. -

41. Amendment 01 section 51, Bombay A C ~ V I of 1899.-In section 51 of Ihe Bombsy Act,--

(I) for the words "either the general or pilotage account" the words, "the general account" shall be substituted;

(2) after the nrorcls "in pl~blic securities" the w o r d s ~ ~ ' o r in guch other securities as the Central Government mag approve in this behalf" ehalk be inserted;

(3) after the words "other public securities", the words "or in such other securities as the Central Government may approvc ill this behalf" shall be inserted ;

(4) for the second and third paragraphs (including the proviso) commencing with the words "But the money so invested by the Board" and ending with the words, "to which the balance inve<ted belongs", the following shall be subst;tuted : -

"But the m&ey so illvested b the Board shall not exceed such 1 Limitation of amoui~t , annual 3 y or in the aggregate, as may from

the amounts to time to tinie be prescribed by the Central Gov- be so invested erninent, and ally surplus remaining after deduct-

I and Of ing the amounts which may be so invested shall the surplus, be applied in liquidatioa, on or before the 1st of

August next foliowing the 31st of March on which such surplus accrued, of tthe principal of any loan raised by the Board under section 39 or of the capit.al of any debt a t any time due by the Boarcl to the Goven~ment, or of the rnoneg due to the holders of the seemities issued by the Board under section 30. "

42. Amendment of section 52, Bombay Act VI of 1579.-In section 52 of the Bombay Act, for the words "the Board shall" the words "the Central Government shall" shall be substituted.

43. Insertion of new section 55A in Bombay Act VI of 1879.-After section 66 of the Bombay Act, the following section shall be inserted, namely:--

"35A: Re-appropriation of amouats in esfirnate.-Subject to ally direo- tions which the Central Goverilment may give in this behalf, any sum of money, or part thsraof, of which the expenditure has been authorised Ira- an estimate for the time being in force, finally approved by the Central GOP- ernrnent, and which has not been so spent, may a t any time be re-appro. priated by the Board to meet any excess in any other expenditure authorised in the said estimate:

Provided that no such re-appropriation shallbe made from one major head of expenditure to another such head without the pl*evious sanction of the Central Governmeut. "

44. Substitution of new section for section 56, Bombay Act V I of 1879.- For section 56 of the Bombay Act, the following section shall be substituted, zaraelg : -

"66. N 3 eapenditure sbwe fifteen th~!rsand rupee8 to be inour~ed en- less sanctio?led i,~ estirnat8.-(1) Subject to the provisiolzs of section 55A j po sum exceeding fifteen thousand rupees shall, save in cpses of presging

I j

.. ~ - - ... -. . . -~ -

19511 t o r i . T ~ u g t s . ~ L ~ Z U . i 'qrts (Anrendrnsrd).

emergency, b e expenf! inclilciecl . in some esti approved by the Central Gove

(2) If any s u q exceeding pended on a pressing e reported by . he Chairrna explan?tioli of the way i extra exphditure: ".

45. Insertio~l of new. sect fter section 56 of bhe Bomba,y nmely.: -

"56-4. C(cpita1 espe>zditurc.-(1) KO expenditure shall becharged by the .".Board t.., capital ~vit,hbiit, tire prsviol~n ~anct ion nf the Centi-al. Government..

(2) Nothing in sub-section . ( I ) shall, require furhher sanction of the Central Government in the case whe,xe the actual expenditure incurred a s

' a charge to capital ekceeds the expencliture sactioned in .this behalf by the Central Gove,rlunent uilless the excess is more than ten per cent. of - ,'- the exl~enditure- so sanctioned.

~

56B. Writing off of Los .; be specified by - the Central I . .. thah any ,amount due to, or

? curred by, the Board is irr ; approval of the Central G

the said amouiit or loss: P~ovidotl that 110. suc

' 'necessary where such irr any individual case, two iaggregata in any one yea

(2) Notwithstandjng ~ng th jng contained i n sub-section ( I ) , , .~vhere t he Chairnian is of opinion that any alnouilt due to, or any loss, wh'et.her

i of money or of propesty,~ incurred by, -the Boa.rd is irrecoverable, the. Ohairman may salictioll the miiting off fina!ly of such amount or loss,. ~rovided that such a.niount or loss does not exceed, ill any individual. sase, five k~uiiclrecl supees or, in the aggregnt,e iiz anyone year, tan thousn,nd upees; and in every such case, the Chairman shallm8ke a report to the. Soard giving reasons for such sanctioii;" 6. Amendment of section 53, Bombay Act V I of 1879.-In section 58 oi: \ombay Act,-

(I) i n the first paragraph,-.

(i) for the word "twice" the word "once" shall be substituted;.. : . and

. (ii) for the words "by such auditors as shall, from time to time,. be appointed by t hecen t r a l Government" the words "by the Comp-. troller and Auditor-General of India at such times and in such.. manner as may be determined by him" shall be substituted;

;' ( 2 ) in the last paragraph,- .. (i) for the words "The a:uditors shall .be paid" the words "The

Comptrol!er &nd Auditor-Gene4 shall he paid" shall b~ substituted;.. and

(ii) for the words "the .auditors shall foiward their report upon- the accounts to the Board, who shall cause" the words "the auditom shall forward copies of their report upon the accouilts to the Central. Government and to the Board and %he Bawd shall thereupon cause'" shall be substituted,

-. ~ . .

Por t T r u s t s and Ports ( A m e n d m e n t ) [AOT xxxv

A and 5833 in Bombay' Act V I of 1879.- After section.58. of the Bombay Act, the following sections shall be i,nserte

" 5 8 ~ . B o a ~ d t o rsrrhcdy d e f e c t s and irregularities pointed ou t in tho audi t report and Centrcit G'o.uarnrnenf t o puss final' orders.-(1) The Board shall forthwith take into consideration any defects or irregularities that may be pointed out by the A~lditcrs in their report and shall pass such orders %hereon as the Board may think fit and shall also send a report of the action a k e n by the Board to the Central Government.

(2) I f t.here is a difference of opinion between the Boald and the Audi- - tbrs on any point included in t.he audit report and the Board feel unable t .

accept the recommendations, if'any, made by the auditors on such point, the matter shall fort;hwith be referred to the Central Government who shall

he Board shall be bound bo give effect to such i

S u b m i s s i m of Ascounts.

5 8 ~ : S u b m i s s i o n of accounts t o the Centra l Government . - ( I ) The Board shall annually, or oftener if directed by the Central Government so k do, submit statements of their receipts and disbursements to the Centra Government in such form and a t such time as that Government may direcb

(2) A copy of all such statements shall be open to the inspection of tha public a t the office of the Board during office hours on payment of such fer:

:

' for each inspection as may from time to time be fixed by the Board."

48. Insertion of new section 61B in Bombay Act VI of 1879.--After .secti. owing section shall be inserted, namely : -

"61B. ~ e s ~ o n s i b i l i , t ~ of ~ o a d f o r loss , e tc . , of goods.-The responsibilit of the Board for the loss, destruction or deterioration of goods of whio has taken charge shall, subject to the other provisions of this Act and ject also in the case of goods received for carriage by railways to, the visions of the Indian Railways Act, 1890 (IX of 1890), be that of a b under sections 151, 152 and 161 of the Indian Contract Act, 1872 ( I 1872), omitting the words 'in the absence of any special contract' in sec 152 of the last-mentioned Act,"

49. Amendment of section 64A, Bombay Act VI of 1879.-In section of the.. 13ornbay Act,-

( I ) -in sub-section ( I ) , after the words "sent by post", the £0110 shall be inserted, namely : -

"or if tho notice c ~ n n o t be so served upon him or his address is known, cause a notice to be published it1 the Official Gazette and in a t leasf one wf the principal local daily newspaper8.':; (2) in the proviso to auk-section ( I ) , for the words "s.erved under

section" thc words !'so served or published under this sub-eeotion': be substituted;

(3) in sub-section (21, for thc words, brackets and figure "If such or person is not known or. tha notice candot be served upon him, or not comply with the requisition in the notice, the Board may at after the oods have become liable to be sold under sub-section following %all be substituted, narnoly :--

"If such owner or person does not comply witqh the requisi the notice served upon him or published under sub-section (I), the may at aliy time after the expiration of one month from tho d ~ h i c h the notice was so served or published in the Official ,Gaxet

-______ - - ----- - - - . P o ~ t Trusts and P O T ~ B (Amendment) OF 19511

50. Amendment of section 68, Bombay Act VI of 1879.-In section 68 rhe Bombay Act,--

(1) :-: the pmviso, for the worcls " t ~ o 'thousand" the words "te* &ousand shall be substituted;

(2) after the proviso, the following proviso shall be inserted, namely :-

"Provided further that where the estimated cost of an-y new work has been approved by the Central Government, no expendlcure whicb exceeds by more xhan ten percent . the estimated cost so ~ppr0ved shall be incuired by the Board without the previous approval of the, Central Government."

51. Insertion of new sections @A, 68B and 68C in Bombay Act VI of I.&"l'~-- After section 68 of the Bombay Act, the following sections shall be inserted, namely: -

"68A. PouSer of Chairman as to execution of works.-Notwithstanding mything contained in section 68, the Chairman may direct the execution of any work the cost of which does not exceed five thousand rupees, and , may enter into contracts for the execution of such works and in every such case, the Chairman shall make a rsport to the Board at its next meeting of any such directions given or contracts entered into by him.

68B. Power of Central Government to order survey or examination oj worke.-The Central Goverzlment may, a t any time, order a local survey , or examination of any works of the Board, or the intended site thereof, and the cost of such survey and examination shall be borne and paid by the . Board out of the moneys credited to the general account of the Board.

68C. Power of Central Government to restore or complete works at tho cost of Board.-I1 a t m y time, the Board,-

(a) allow any work constructed by, or vested i11, the Board under this Act to fall into disrepair, or

(b) do not, within a rvasonable period, complete any work corn- meilEed by the Board, or included in any estimate approved by the

I I Centrrzl Government, or

(c) do not, after due notice in writing, proceed to carry out effectu I

ally any work or repair which is necessary in t'le opinion of the Centrd I

Government for the purposes of this Act, I

the Central Government may cduss such work to be restored or completed i

or carried out, or such repair to be carried out, and the cost of any such restoration, completion, construction or repair shall be paid by the Board, and if the Board do not within a reasonable time provide for such payment, the same shall be recoverable in the manner provided in the Local Authori- ties Loans Act, 1914 (IX of 1914)."

62. Amendment of s ec t ih 72, Bombay Act VI of 1879.-In section 72 of the BorAbay Act, the words "and all fees for pilotage shall be paid to the Board': shell be omitted. .m

53. Insertion of new section 728 in Bombay Act V I of 1879.-After section 72 of t h ~ Bombay Act, the following sball be inserted, namely :-

"Powers of the Board as Conservator, etc.

72A. (1) All moneys received by bl~e Board as the Collservator of the? Port or ns the body appointed under sub-section (I)

f o n ~ y s received by tll: of section 36 of the Indian Ports Act, 1909 (XT of roard as Conservator o

br Bsbody appointed 19Q8) excluding all fees and all fines and peaalties oder section 36 of tile creditable to the pilotage accoulLt of the port under ldi-n Ports Act , i908. sub-section (5rr ) of that section shall be d )o,nied to be

a portion of the income of the Board and shall be

b

I33 178 Port Trusts and I'orts ( A m e ~ ~ d m e n t )

included in their aiirlual estimates and ( 2 ) hli the powers, authorlties an

in respect of the Powere. etc., of the

Board as Conservator apply to the works which m a y be executecl by the of Port or body Board as such Conservator or body, not being works app,ointed under sec- the cost of which i,s chargeable to the pilbtage account hon 36 of the Indian of the port under sub-section (5b) of sectioil 36 of Ports Act, 1908. the Indian Ports Act, 1908, and also to the sanction

,of such works, the estimat-es therefor aiici the expenditure thereunder."

-54. Amendment of section 73, Boxbay Act YP of i819 -111 section 73 of $he Boillbay Act,--

la) a t the end of clause (g), the word "and" shall be added; 2%; d t ~ u s e (h) shall be orilitted.

55. Amendment of section 74, Bombay Act VI of 1879.-ln section 74 of :~ Bombay Act, fur the words "for three weeks successively i11 the said Qazette" t he words "for two weeks successively in the said Gitzette and until

&&een days have expired from the date on which the same had heec first pub- !&bed in that Gazette" shall be substituted:

56. Substitution of nsw seetion for sectiaa 79, Bombay Act VL of 1879,- 70 of the Bombay Act, the following section siiall be siibstituted,

w e l y : - "79. Persons euzploy~d under llzis Act to be Y I L ~ ~ I I C servants for certain

prcTl~c~es.--Every person ernpio~ed under this Aot shall, for the purposes of sections 161 t o 171 \ tJoth inclusive), 184, 185 and 409 of the Indian Penal

~ o r r u p - Code (Act XLT' of 1 8 0 ) and for the purposes of the Prevention of (' hion Act, 1947 ( T I of 1947), be deemed to be a public servant within the meaning of. section 21 of tho said Code." 67. Alnendincnt of section 82, Rom5ag Act V l of 1879.-In section,8? of

h e Bombay Act,-- (I) for the words "nreigkit 01 qcialllitj of such goods, or the tolluage of vmsel carrying such goods, has beell understated", the following shaU

be ~ ~ ~ L s t i t u t e d , namely : - eight, quantity, value or desc~iptjon of such goods or the

tdr~nage of any vessel carrying such goods has been understated or in- - correctly given";

( 2 ) for t h e words "wr,ig!~t or quantity crf goods or amount of .tonnage .30 cndcrstated as rnag be determined by the Board, and the said s1:m shall on the zl~plication, of the Boaid", the follon.hg shall be substituted,

;qamel> .- "entire weight, quantity or value of the consignment of goods sc

understated or incorrectly described or on the amount of tonnage ec uxilerstated as may be determined by the Board or when any &ice cf the Board has, subject to s::ch conditions as mag be laid down b~ the Eoard, been generally or specially authorised by the Board in thit behalf, by such officer, and the s a d sum shall on application b y or 01 behalf of the Board".

58. Insertion of new section 86A in Bombay Act VI of 1879.-After secti\,r @3 of the Bombay Act, tho f o l l o ~ ~ i n g section shall be inserted, narriely : -

"EG.1. AppEic~tion o j c e r t a i ~ ~ proz;isio?~s of the Act to aircraft.-The pro r:s;ons cf s ~ ? t l t \ ~ ~ 43, 43R, 45, 66, 67, 68, 78, 83, 84 and 87 shall apply i,

elation to all n:lciaft m.lliillg use of the ] ~ o r t v hile on nrater as they appl! in relation k vessels,"

- ~- - . ~- .. ~

c.>> %L? :.- .. .. . . , - . ... ., ..' . . :-. . 6

- -;.r . -

OF lY5lj ., Port T ~ u s t s - and Port.s (Amondlrrent)

59. AdditJon of rae& sections 88, 89 and 90 to Bombay Act VI of 1879, Ut6f1b&ction 87 of the Bonibay Act, the folloying s ec t i o :~~ shal! be insert ~smelg :.-

"88. P o w e ~ t o evict certain persons from the prelnlses of t he Board.- (1) Notwithst.anding anything c'ontained in any other law, if the Bo .in exercise 0:. the powers conferred on them by regulations made under thie -Act cancel the allotment of any premises made to any employee of the Board, the Board may, by notice in writing, order such allottee or any other person who may be in occupation of the whole or any part of the premises to vacate them and deliver the same to the Board or a person appointed by the Board in that behalf within such period as may be specified in the notice.

Esp1anation.--For the .pyrposes of this sectfon, "premises" means anr :building or part of a b~~ilding and includes-

(i) the gardens, ground^ hnd outhouses, if; any, appertaining to such. . . building or part of a building-;

(ill any fittings affixed to such building or part of G building for t he more beneficial enjoyment thereof; and

(iii) any fi~rniture, books or other things belonging to the Boara and found in such building or part of a huilding. (2) If any allottee or other person refuses or fails to c

.order made under sub-section (I), any presidency-magistrate -of the first class may, on application made by or on behalf o order any police officer, with $roper assistance, to enter iu to and evict a n y person from, and take possession of, the premises and to deliver the same to the Board or a person appointed by the Eoard in that %ehalf and the pdice officer may, for that purpose, use such force as ' may - .be necessary.

(3) Any such notice as is referred to in sub-section (1) may be served-

\ 1 ;

(a ) by delivering or tendering it to the allottee or any other person I who inay be in o~cupat~ion of the whole or any part of the premises, or

(b) if i t cannot be so delivered or tendered, by.affixing i t on the outer door or solne other conspicuous part of the premises, or

(c ) by regist,esed post. 89. Annual at2w~iniatration report of t h e po~t . -As soon as niay be

after th:: first day of April in every, year and not later than such date as may be fixed in this behalf by the Central Government, the Board shqll submit to the Central Goverlllnent a' detdiled report of the administration of the Port during the preceding year ending on the thirty-first day of March in ~ u c h form as the Central Government may direct,.

90. Power to supersode th.e Board.-(1) If,. a t any time, the Central Government are of opinion,-

(a) that on account of a grave emeygency,, the Board are unable to perform the duties imposed on them by or under the provisions of thiv Act or of m y other law, or

(b) that the Board have persistently made default in the performance of the duties imposed on them by or under the provisions of thls 'Act or of any other .lam and as a result . of such default, the financial position of the Board or the administration of the Port has

. greatly deteriorated, l e Central Government may. by notification in the Official Gazette, super- 2de the Boxrd for such period, not exceejling six months a t a time, r.s ]nay 3 speci.Eed i n the notificatiou ,

Q

.(a) all the trustees shall, as from the date of supersession, vaca their oflices as such trustees;

the Centra,l Government. (3) On the expiration of ' the period of supersession specified in 1

qoiification issued under sub-section ( I ) , the Central Government may- (a) extend the period of supersession for such further term, I

exceeding six months; as they may consider necessary; or

(c) reconstitute the Board by appointment only for such as they may consider necessary and in such case, the - persons vacated their offices under clause ( a ) of sub-section (2) shall n deemed. disqualified for such appointment merely because they trustees when the Board were superseded:

(4) The Cenkral Governmen% shall cause a, notification issued sub-section (1) and a full report of any a'ction taken under this

" and the circumstances leading to such action t o be laid before Far1 at _the earliest possible opportunity. "

CHAPTER 111

(a) in clause ( I ) , for the words "of the Port" the words " Port," shall be substituted;

)F 19511 Port T r ~ i s t s and Ports ( A m e n d m e n t ) *!!j','is #i 8.1 - - ';a * f . . .. aL<

.(c) after clause ( S ) , the followiiig clauses shall be inserted, namely :- - " (Bn) 'Port approaches' shall irleail those parts of the navigable

rivers and chailnels leading to the port in which the lndian Ports Act, 1908 (XV of 1908) is in force;

( 8 8 ) 'public securities' shall mean- ( a ) promissory notes, debentures, stocl; or other securities of

the Central Government or of any State Government; ( b ) debentures or other securities for money issued by,

on behalf of, m y municipal body, Improvement Trust or Port Tru-st under the authority of any law for the time being in force in India, and includes the debentures or other securities issued by the Commissioners under this Act."

( d ) for clause ( 9 ) , the following clause shall be substituted, namely:- " ( 9 ) vessel includes anything made for the conveyance mainly by

water of human\,beings or of property." 61. Insertion of new section 3A in Chapter I of Bengal Act 111 of 1890.- CE>pter I of the Calcutta Act, after section 3, the follo-iving ? e ~ t i o n shall inserted, namely : -

"3A. R e q u i r e m e n t s a s io publication of no t i f i ca i ions , 'orders , e t c . , * i n t h e Oficinl Gazette.-(1) Any requirement in this Act that a notification, order, rule or bye-law issued or inade by the Comnlissioners or by the Central Government shall be published in the Official Gazette, shall, unless otherwise expressly provided in this Act, be construed as a requirement that the notification, order, rule or bye-law shall-

( a ) where it is issued or made by the Commissioners, be published in the Official Gazette of the State, and

( b ) where it is issued or nlacle by the Central Government, be I published in the Gazette of India.

(2) ' ~ 1 1 ~ notifibation, ordkr, rule or bye-law issued or made by the Central Governmeii~ shall, for general information, be also republished in the ,Official Gazette of the Stste."

62. Amendment of section 6, Bengal Act 111 of 1890.-After sub.section (8). section 6 of the Calcutta Act, the fo!lo~\-ing sub-sedt,ion shall be inserted,

'

nely : - " ( 3 ) All the Cgmmissioners other than those who are ex-officio Com-

missioners or elected Commissioners shall be appointed either by name c;r by virtue of office by the Central Governmelit by i~otification in the Official Gazette." ,

63. Substitc.tion of new section for section 8, Bengal Act III of 1890.-+or Lion 8 of the Calcutta Act, the following section shall be substituted, ~ e l y : -

" 8 . Appoi~z tnzen t of C h a i w n a ~ z cznd D e p u t y Chairman.--The Chairman and Deputy Chairman shall be.. by the Central Government by notification in the 0ffic.ial.Gazette aud shall hold office during the pleasure of the Central GOT-errxment."

64. Repeal of section 9, Bengal Act I11 of 1890.-Section 9 of the Calcutta . is hereby repealed.

65. Substituttion of new section for section 10, Bengal Act 111 of 1890.- section 10 of the Calcutta Act, the follom~ing section shall be substituted,

~ely : - "10. T e r m -of o f i c e of Commissioners.-(1) Subject to the provisions

hereinafter contained, every person appointed by name or elected to be a

2 2 18:2 ' Polat Trusts aizd Ports (Amendment) LACT xxxv

commissioner shall hold the office to which he shall be appointed or elected for a term of two years comincnciilg on the first. day of April next following his appointment or election, as the case may be, but may, a$ the expiration of such term, be re-appointed or re-elected.

(2) subject to the provisions of sectioil 109, every person appointed: by the Central Government to be a Commissioner by virtue of an offioe-

- . . hall, until the Central Government by notification in the Official Gazette otherwise directs, co.ntinue to be a Commissioner so long a.s he continues to : hold that office.

(3) The term of office of every Commissioner appointed by name or t i ~ c t e d as such and holding office on the 1 s t day of April next followirig the commencement of the Port Trusts and Port,s (Amendment) Act, 1951, shall be deemed to have expired on that day."

66. Insertion of new section 10A in Bengal Act 111 of 1890.-After seo'tion : 3 O of the Calcutta A c t , t h e following section s h l l be inserted, namely :- , '

"10A. ~es igna t ion oj Conz?~zissioizers.-A . Comnlissioner .appointed.' by the Central Government whether by name or by virtue of an offic&X,ir .an; elected Commissioner may a t any time resign his o5ce by giving notice. in writing to t h e Chairman who shall forward the same to the Central GOV-- ernment, and on such resignation being- accepted by thah Government, - he shall cease to be a. Commissioner, and his office shall tllerel~pon become vacant. "

67. Amendment of section 1J; Bengal Act I11 of 1890.-In section 11 of t h e '-Calcutta Act,-

(1) for sub-section (!), the following sub-section shall be substituted, namely : - ..

- .

"(I) The Chairman and Deputy chairman shall receive SUOE -.!

~ a l a r y and allowances; if any, as may from time. to time be fixed. by the Central Government. " - (2) sub-section (2) shall be bmitted;

. . (3 ) in sub-ssctioxl (3), after the words "paid to the Con~missioners."" the words. "or ally class of them" shall be inserted.

68. Amendment of section 13, Bengal Act IIP of 1890.-In ~ ~ b - ~ e c t i o n (I):. of section 13 of the Calcutta Act , - -

( l j for the words "leeve allowance" tho words "leave salary and' allowances, if any" shall be substituted;

(2) after the. words " t l~c salary" tho vords " a i d , allowances, if .any,"' shall' be inserted.

69. Substitution of new section.for section 13A, Bengal, Act li11 of 1890.--' For 'seut , i~n 13X of the Calcutta Act, the followiilg sectioil sllall be substiti~tsdi

-- ~ e l ~ : - "13tl., G,ratu.it?j, etc., for Clzair?na~t o,r Deputy C1zair)nan.-The. Centrar

Government may fix the amount of gratuity or comp~lssionate allowance,j if any, which shall be paid to the Chairman or Deputy Chairman on hid retirement from office and may determine the conditions under which the said gratuity or compassionate allowance shall be so payable."

70. Iniertian of new section 13s in Bengal Act-111 of 1890.-Alter section ~PSA of the. .Calcutta Act , the following section shall be inserted, namely :- j

"1333. Pernrission to Clzainnnn and Deputy Clrairnzan io join providenq fzlnd.-Notwithst~nding anything contained in this Act , ths C e n t 4 Go~iernment may permit tlie Chairmall ailcl the. Cepaty Chairma4 or either of them who, before such appc>intmel~t, had been an einployee of

. - w

' k

- 3~ 19511 P o ~ t TTUS€S and Ports ( ~ n ~ e ' n d m e n t )

the C'ommissioners,'to join the provident fund establibhed by the C6m- - missioners under section 30Afor the benefit of their employees and maF

determine the conditions and restrictions subject to which such pe~mission . m a y be given." . .

71. Subs$itution ,otf new section for section 14; Bengal ~ i t IPJ: of 1890.- or section 14 of the Calcutta Act,. t :he following section sha,ll- be substit$te&? 1mely:- ;-

. *

"14. Filling of uacn,zcies in t h e o f ice of ~ o m n z i s ~ i o n ~ ~ s . - ( . l ) Eve- vacancy in the office of an elected Commissioner or o f a C o r n n ~ i s s i o n ~ appointed by name caused by the expiration of the term of office of: such Commis.sioner shall be filled by election or appointmel~t, as the case may be, within one month immedia.tely. p r e~ec l i n~ t l l c date-of expiration: of such. . .. '

term. , ' -

(2 ) Every vacallcg .ic the office of a Co1nn)issioner appoinjed by . the Ceiltral Goverilment ' by virtue of an offic'e caused by. t h e expiration of tEs term of office of such Commissioner or ot'herwise slla,ll be filled by appointment within .one inont.11 of the occurreilce of - such vacancy."

72. Amendment of section 15, Bengal Act 111 of 1890.-In section 15 of the alcutta Act,-.

(1)- in sub-section (1)-

(a) for the words "elected Commissioners" the words "electea oe a'ppointed Commissioner" sha,ll be substituted ;

(b) after the ~vord . "election" the words "or appointment, as the ;,

case may be," shall be inserted ; ( 2 ) in sub-section ( 2 ) , after the word "elected" t,he words "or appoint-

ed" shall be inserted ; - . (3) after sub-section ( 2 ) , the followii~g. sub-section shall be' inserte& namely : -

. "(3) Nothing in this- section shall prevent a person being eIeettd . or appointed as a Coillillissioner for a period shorter than three months

in the place of ail absent Commissioner, on the application 'of the Corn- lnissioilers in meeting if the absentee is an elected Commissioi~er, OF a$ the discretion of ' t h e Centra,l Government if he is ' a Commiss ia~er appoiilted by the Centra.1 Governmelit.". .

73. Substitution of new section for section 16, Bengal Act 111 of 1890-.--Far ction: 16 of the Calculla Act, the followiilg . . section shall be substituted,. ~mely :- ,

"16. Filling o f casual unca~zcizs.-Any casual vacancy in the office of' a l l elected Commissioner or of a. Commissioner appointecl by name caused' by the death or .resignation of such Commissioner. or by virtue of fhe provisions of sub-section ( 2 ) of seetioil 17, shall be filled within one month by electioil or appointment, as t h e ,case may be, in 6he manner hereinbefore provided : 'c; . +.<:

Provided that the C~ommissioner so elected or appointed sh211 retain his o&ce so long only as the. vzcatiilg C,ommissioner would have retainel@ the same if such vacailcy ha13 not occurred.".

7.4. Insertion of .new section i 6 ~ in Bengal Act 111 of 1890.-After seetiam of the ~ a l c u t t a Act, the follfiving section -shall be inserted, namely : - .

"46A. Saving ijrouisio;z-- foi. a p p o i ~ i t n z e ! z t or d e c t i o n of Co??znzissioner~. - ,

af te l . tlze p~zescribed pel.ioc1.-(l) ?\'ot,hing in the foregotng provisions 6hdI prevenf a persol1 beir;g appointjed by the Centrsl Go~e~rnment to fill any

~

ort . T ~ ~ t s ~ ~ a ? l . d l 'o~ts (Am

sacallcy ill ths office of a Commissioner appointed by the Central Gover.. ment either by name or by virtue of an cffice after the expiration of the

I ~?wiod specified therefor in section 14 or section 16, as the caso may be, if for any reason i t htas not been possible fur the Central Government to make the appointment within the said period. PL

(2 ) If the Cel~tral Government is satisfied Bhct an electlng body has failed to elect a Commissioner, within the period specified therefor in seation 14 3r section 16, as the case may be, for reasons beyond its control, the Central Go~ernment may, by notification in the Official Gazette, direcl that ths _election shall be held on or before such date (after the expiration of the said ~er iod) as may be specified in the notification.

(3) Where a Commissioner is appointed by name or elected under sub- section (2) of this section or appointed under aerttion 7, 'to fill any such vacancy as is referred to in section 14 after the expiration of the period specified therefor in that section, the term of office of such Commissioner shall commence on the date on\which his appointment or election, as the case may be, is notified in the Official Gazette and shall expire on the date on which his term of office would have expired if his appointment or election, as the case may be, had been made within the period 6 0 specified in section 14. " ,.

75. Substitution af new sections for section 17, Bengal Act 111 ol 1890.- For section 17 of the Calcutta -Act, tthe following sections shall be substituted,

namely - .. "17. Disqualificatio~z of Commissioners.-(1) A person shall be dis-

qualified to be a Commissioner if he- (a) is an undischargeh insolvent, or ( b ) has been convicted and sentenced to imprisonment for an

offence involving moral turpitude punishable with imprisonment for a,

term exceeding six months, or to transportation, such conviction not having been subsequently reversed or quashed, unless the Central aovernment has by order removed the disqualification. (8) Every person other than an ez-offi,cio Commissioner or a Uom-

missioner appointed by the Central Government by virtue of an office,- (a) who, at any time after he becomes 3. Commissioner, shall be

absent from six consecutive meetings without having the permission in that behalf of the Commissioners or who having such permission ,

shall be absent from the meetings for a period exceeding one year; or ( b ) who shall, a t any time after he becomes a Commissioner, ,

accept or agree to accept ang office or place of profit under this Act.; ' or

(c) who shall, save with the sanction of the Central Government j participate or agre'e to participate in the profits of any work done by I

order of the Commissioners or be concerned ar participate in the ; profits of ally contract elltered illto with the Commissioners; or . .

(d) who becomes disqualified for ally of the reasons mentioned in I sub-section ( I ) ; or I I

(e) who acts in contravciltion of the provisions of senkinn 17A : ' 1 shall thenceforth cease to be a Con~missioner and his office shall there- ; upon become vacant : m Provided that no such Commissioner shall vacate his office by reason 4

only of his being a shareholder in any registered joint stock company with : which the Comn~issioners may enter into any aonbract or by reason of hie ,

bgiog i~ te res ted in an? loan of money to the Cormmia%ionor:

IF 19511 POT^ T7-usts and Ports ( A n z e n Z m e n t ) 18 5 ;a' Provided further that no such Coinmissioner shall vacate his offioe

by reason of his being interested in aay purchase or lease of land or pre- m i s e ~ the sale or lease of which the Commission_ers may determine on aC . a meetiug under the provisions of this Act, or of his being interested b any agreement under which facilities may be granted for the lallding or shipment of goods in return for stipulated income guaranteed to the Com- missioners in consideration of their undertaking to construct or provide such facilities.

17A. Res t l~ ic t ion o n power of Commiss ioners t o v o t e or d i scuss mat t e ra en whicl t t h e y are interested.-A Copmissioner shall not vote on, g take part in, the discussion of any question coming up for consideration st a meeting of the Commissioners or of any Committee of their number, if the question is one in which he has any direct or indirect pecuniary interest by himself or his partner or in which he is interested either prof&sionally OD behalf of a client or as agent for any person other than the Central Goyem rnent, a local authority or a railway company."

76. Amendment of section 19, Bengal Act III of 1890'.--In section 19 of he Calcutta A'ct, the words "sum of five and a half lalihs set apart by the 'ommissioners as a reserve fund prior to the passing of this Act, and the ~r ther" shall be omitte'd.

77. Amendment of section 24, Bengal Act III of 1890.-In sub-section (3) E section 24 of the Calcutta Act, for the words "the prmissory notes bnd ther securities*of the Central Government or in the debentures issued by the ommissioners under this Act" the words "public securities or in such other zurities as the Central Government may approve in this behalf" shall be 1bstit11te3.

78. Amendment of section 248, Bengal Act TI1 of 1890.-In section 24.A f the Calcutta Act,, for the vords "current value", wherever they occur, the ords "current rnarket value" sha!). be substituted.

79. Amendrnent of section 24B, Bengal Act I11 of 1890.--In sub-section ') of sectioll 84B of the Calcutta Act, for the words "the promissory notes and ,her securities of the ,Central Government or in the debentures issued by the ~minissioaers under this Act" the words "public securities or in such other curities as the Central Goverilment may approve in this behalf" shall be bstituted

80. Amendment of section 24C, Bengal Act I11 of 1890.-To section 240 the Calcutta ,4ct, the following sub-section shall be added, namely: -

I

" ( 4 ) All the debentures or securities of the Commissioners heret3fore purchased by, issued, transferred or assigned to, or indorsed into the names of the Con?missioners or any person on their behalf, and all debentures and securities heretofore issued by way of renewal, consolidation or sub-division of any ~ u c h debentures or securities, shall be and shall be deemed to haw always been valid and negotiable ir? all respects and in the same manner and t~ the same extent as if hela by, or issued, transferred, assigned, or indorsed to, any other person."

81. Amendment of section 27, Bengal Act I11 of 1890.-In s e c t i o ~ ~ 27 of the lcutta Act,--

(u ) for the woyds "It shall be lawful for the Cominissioners in meeting, if the: think fit" th2 words "The Commissic~ers in ~see t ing may, wli& the previous sanction ~f the Central Government, :ipp~y any sums" aha be subst~tuted:

- *- '106 ... 20 ' Port T~tcsts a n d Ports (Amendment)

(b) for the words "to repay" the words "in repaying" s substituted.

82: Addition of new sections 27A to 27L in Chapter I11 of Bengal Act m of 1890.-Tn Chapter I11 of the Calcutta Act, after section 27, the following mctions shall be inserted, namely:-

'I2'7il. Right of survivors of joint or several payees of debentures 07

aeoutitiss.-(1) Notwithstanding anything in section 45 of the Indian Contract Act, 1872 (IX of 1872),-

(a) when ally debenture or security issued by the ~omrnissione;.~ under this Act is payable to two or more persoos jointly, and either or any of them dies, the debenture or security shall be payable to the survivor or survivors of those persons, and

(b) when any such debenture or security is payable to two or more persons severally, and either cs any of them dies, the debenture or security shall be payable to the survivor or survivors of those persoxw or to the representatives of the deceased or to any of them.

(2) This section shall apply whether such death occurred or occum before or after the corninencement of this Act.

, (3) Nothing herein contained shall affect any claim which any representative of a decezsed p2rson map have against t t e survivor or survivors under or in respect of any debenture or securitjg 'to which sub- section (I) applies.

(4) For the purposes of this section, a body incorporated under t.he Indian Companies Act, 1913 (VII of 1913), or the Co-operative Societies Act, 1912 (11 of 1912), or ally other enactment for the time being in force, whether wit-hi11 or without India, relating to the incorporation of associations of individuals, shall be deemed to die when it is dissolved.

27B. Powet of one of, two 07 more joint holders to grant teoeipts.- Where two or more persons are joint holders of any debenture or security issued by the Commissioners under this Act, nny one of those persons may give an effectual receipt for any interest or dividend pa)-able in respect of such debenture or security, unless notice to the contrary has been given to f i e C;ommissioners by any otber of the holders.

I

27C. Indorsements to be made cn debentute or security itself.-Not- withstanding anything in section 15 of the Negotiable Instruments AcQ, : 1881 (XXTTI of 1881), no indorsement of a debent'ure or sccurity issued by the Commissjoners under this Act and transferhble by indorsement shal! be valid unless made by the signature of the holder inscribed on the back ,

of the debenture or the security itself.

27D. Indorset of debentures or seoutities not .liable for amount thetoof.-Notwithstanding anything in the Negotiable Instruments AoB, 1881 (XXVI of 1881), a person shall not by rehson only of his having indorsed any debenture or security issued by the Coillmissioners under this Act be liable to pny any money due either as principal or us interest thereunder.

i

27E. 1.mpression of signatute on debentures and securitiee.-(1) The ; -signature of the person authorised to sign debentures o/r securities on behealf i of the Commissioners may be printed, engraved or lithographed or impressed 1 by such sther mechanical process as the C!oi~imissioners in meeting mag ] direct, on the debenturefi or securities. j

-- , 1

OF 19511 Port ~ i u s t s ajzd' Ports ( A w z e n d m e n t )

(2) A signature so printed, engraved, lithographed or otherwise impressed shall be as valid as if it had been inscribed in the proper handwriting of the person so authorisecl.

273'. l s s u e of dupl icate debe7ztu1es a n d securities.-(1) When any debenture or security issued by the Commissioners under this Act is alleged to have been lost, stolen or destro~ed either wholly or in parb, and 6: person claims to be the person to whom, but for the loss, theft or destruction it wou!d be payable, he may, on application to the Commie- sioners and on producing proof to their satisfaction of the loss, theft op destruction and of the justice of the claim and on payment of such fee, if any, as may be prescribed by rules made under section 271, obtain from the Commissioners an order for-

( a ) the payment of interest in respect of the debenture or security said to be lost, stolen or destroyed pending the issue of a duplicak debenture or security, and -

( b ) the issue of a dup1ica.k debenture or security payable to the applicant. (2) An order shall not be pzssed under sub-section (I) until after the

issue of such notification as inay be prescribed by rules made under section 271 of the loss, theft or destruction.

(3) A list of the debentures or securities in respect of which an order is passed under sub-section (1) shall be published in such manner as may be prescribed by such rules.

( 4 ) If a t any time befo;e the Commissicjners become discharged under the provisions of this Act from liability in respect of any debenture or security the whole of which is alleged to Lave been lost, stolen or destroyed, such debenture or security is found, any order passed in respeck thereof under this section shall be cancelled.

276 . Zsslce of c o n v e r t e d , e t c . , deben tures a n d securit2es.-(13 The Commissioners may, subject to such conditions as may be prescribed by rules made under section 271, on the applicatioil of a person claiming to be entitled to any debenture or security or debentures or securities i e sud by the Commissioilers under this Act, on being satisfied of the justice of the claim knd on delivery of the debenture or security or debentures or securities receipted in the manner prescribed by such rules and on 2aymenli of such fees, i i any, as may be so prescribed, convert, consolidate or sub-divide the debenture or security or debentures or securities and issue to the applicant a new debenture or security or debentures or socuriHm-. accordingly.

(2) The conversion, consolidation or sub-division referred to in sub- secfion (1) may be into a debenture or security or debentures or securities of the same or different clhsses or of the same or different loans.

37H. Disc l~arge in cer ta in cases.-~otwithstanding ~nything contained in section 1 0 of the 1nd:an Limitation Act, 1908 (IX of 1908),-

(i) on payment of the amount due on ally debenture 01. stcurity i~sued by the Commissioners under this Act on or after the data m which payment becomes due, or

(ii) when a. duplicate debenture or security has been issued under aectioo 27F, or

(iii) when a nev debenture or security or debentures or securitia ha^ or have been issued upon conoersjon, consolidation or sub-diriaion under section 27G,

q*.

28 xiBzRi Port Tru.<fs a n d Ports ( A m e n d m e n t ) [ACT xxxv the Commissioners shall be discharged from all liability in respect of the debenture or security or debentures or securities so paid or in place of which a\ duplicate or new debenture or security or debenhures or sec,yi&ics hero or have been issued-

(a) in the case of payment after the lapse of six years from Qhe date on which payment was due;

( b ) in the case of a duplicate debenture or security-after the 'lapse of six years from the date of the publication under sub-section (3) of section 27F of the list in .which the debenture or security is fint mentioned or from the date of the last payment of interest on the ,original debenture or security, whichever date is later;

( c ) in the case of-a new debenture or security issued upon conversion, consolidation or sub-division-after the lapse of six years from the date of the issue thereof.

271. Power of Commissioners t o make rules.-(1) The Commissioners in meeting may from time to time nlalre rules to provide for all or any of &e following matters, namely : -

(a) the person, if any, authorised to sign, and the mode of affixing 4he corporate seal and -of attestation of documents relating to $be debentures and other securities issued by the Commissioners under &is Act;

( b ) the manner ih which payment of interest in respect of such. debentures or other securities is to be nnade and acknowledged;

(G') the circumstancgs and the manner in which such debentu~es and other securities may be reuewed;

(d) the circnmstances in which such debentures and other securities mui t be renewed before i d h e r payment of interest ihereon aaa

4 be claimed; (e) the forms in which the jebentures or other securities delivered

for renewal, conversion, con.solidation or sub-division are to be receipted ;

. .

( f ) the proof which is to be produced by persons applying fa duplicate debentures or o$her secu~ities;

, : - .

(9) the form and manner of publication of the notification mentioned in sub-section (2) of. section 27P and the manner of publi- ~aticiu of the list mentioned in sub-section (3) of fhat section;

(h ) the nature.and amount of iildemnity to be given by a person spplying for the phyment of interest, on such debentures or o&wr .securities alleged to have been wholly or partly lost, stolen or destroya .or for the issue of duplicate dbbentures o r other securities;

(i) the conditions subject t.0 nzhich such debentu~es or other .- s ec~ r i t i e s may be -converted, consolidated or sub-divided;

(1) g~nerally all matters connected with the grant of dupjicate, renewed, ccnverted, consolidated and sub-divided debentures or other securities, and .

(k) the fees to be levied in respect of the issue of duplioak debentu~es or other eecurit,ies and of the renewal, ccnversion, consoli. dation and sub-division of the debentures or other securities issued by t he Commissioners under this Act. (2) The Commissioners in meeting may from time ,tc tims repeal,

alter or add to any rule made under this section.

.,% , -,, !'" 2; :-,> .'f '" * .- -1.89 > . I

O T ~ T~tists an8 ports (Amendment) a 29

(J) No rule or repeal or alteration of, or addition to, a rule shall have a

effect until approved by the Central Government and such approval I

has also been published in the Qfficinl Gazette.

(4) No rule and no repeal or alteration of, or addition to, any rule hall be approved by the Central Government until the same has been published in two consecutive issues of the Official Gazette and until fourteen days have expired froill thh date on which the same had been' first published in that Gazette. 4

j (5) The Central GoGernment may at any time by notification in the

Official Gazette cancei any rule published under the provisions of thie section.

27J. i i ?n i t~ t i on of claims against sinking fund trustees in respect 01 debentures.-Notwithstanding anything contained in the Indian Limitation Act. 1908 (IX of 1908), no claim shall lie against the trustees of the sinking fund in respect of any debenture issued by the Commissioners under thie Act after the lapse of six years from the eaf.liest date on which demand could have been made for the payment of the amount due on sucb . debenture.

27R. Power of Commissioners to borrow by means of temporay overdraft or otherwise.-Notwithstanding anything contained in thie Lo$, the Commissioners in meeting may borrow moneys by means of temporary overdraft or otherwise by pledging the debentures or other securities held by them in their reserve funds or on the security of their fixed deposits in their banks: I

Provided that such temporary overdrafts or other loans-

(a) shall not a t any time have a longer currency than six monthr, and

I (b) shsll not be taken with0u.t the previow sanction of the Cen-W Government, if a t any time in any year the amount of such overdrafts or other loans exceeds ten lakhs of rupees:

Provided furt,her tha5 all moneys so borrowed by temporary overdraf$ or otherwise shall be expended for the purposes of this Act.

27L. Power of the Commissioners to raise loans under t h e Loo4 Authorities Loans Act, 1914.-Nothing contained in this Act shall be deemed to affect the power of the Commissioners in meeting to raise loans under the Local Authoriiies Loans Act, 1914 (IX of 1914)." 4 .Q/9L

83. Substituticn of "employees, etc.," for "officers and servants. et.c.," Uons 30, 30A, 31, 32, 33, 54, 75, 104A, 105, 117&iiTl35.-Save -as expressly provided in this Ach in sections 30, 30A, 31, 32, 33, 54,

"employees" or "employee", as the case may be, shall be substituted.

105, ll7Land 135, for the words "officers and servants" or "oEcers or servants" or "officer or servant" or "officer" or "servant" wherever they occur the worde

84. Amendment of section 30, Bengal Act I11 of 1890.-In the proviso to rub-section (2) of section 30 of the Calcutta Act, for the words, figures, brtwketr and letters "section 31, except clauses (9) and (h) thereof, section 92 or section 33" the words and figures "section 32" shall be substituted.

85. Amendment of Section 30A, Bengal Act I11 of 1690.-In clause (ii) of section 30A of the Calcutta Act, after the words "widows or dependen.b children" the words "or other surviving dependent relatives" sbsU be inserted.

-- - -- .- _ --

J 3-4. g, -5.34u-kq &t kg 9: 1 9 5 ~ .

86. Amendment of section 31, Bengal Act 111 of 1890.-In seotion.31 of the Calcutta Act,-

(2) in sub.section (2 ) -

(a) the ~vord "and" a4 the end of clause (g) shall be omitted; ( b ) after clause (g), the following clause shall be inserted,

namely : - "(gg) for authorising the payment of coutributions to any

welfare fund or loan fund which may be established by the Commissioners for the benefit of their employees:

Provided that no such loan fund shall be establisheti without the previous sanction d the Central Government and the mna- mum rate of annual contribution to any such welfare fund. or loan fund and the maximum amount to which any such fund may be allowed to accumulate shall be fixed from time to time by the Central Government ; " ;

(c) after clause (h), the fo!lowing clause shall be inserted, aamely : -

"(i) for regulating the recruitment, promotion, conduct, discipline, punishmeni and any other matter relating to the terms and conditions of service applicable to the employees of the Com- jmissioners, or allotment of premises to them or their rights and their privileges, not covered by any of the foregoing clauses."; (d) the proviso shall be omitted.

(a) for the knrds, brackets and letters "clauses (a) to ( e ) (both inclusive) and under claudes ( g j and (h)" the word, brackets and figure "sub-section (1)" shall be substituted;

( b ) for the \~orcl "confirmed" the ~vord "approved" shall be substituted.

87. Subsf,itution of new section for section 32, Bengal Act 111 of 1890.-For - section 32 of the Calcutta Act, the fo l lo~~ing section shall be substituted, namely : -

"32. Appointments, etc., b;j whom Lo be made.-(1) Subject to the provisions of the Schedule, fcr the time being in force, sanctioned by the '

Commissioners under section 30 and of the rules framed under scction 31

.* and also to the provisions cf section 34, the power of appointing, promoting,

- granting leave to, suspending, fining, reducing or dismissing, or of disposing .of any other question rela-ting to the services of the enlployees of the Com~nissioners including the power of dispensing with the services of a n 9 such employee otherwise than by reason of the misconduct of such employee shall be exercised, in the case of employees whose maximum monthly salary ~;xclusive of allowances is less than one thousand rupeeq, by the Chairman or the Deputy Chairman, hnd in every other case, by the Corn- niissioners ir, meeting.

(2) The Chairman mag, upon such terms as he maF think fit and subject to the povisions referred to in sub-ssction (I) and to tbe Chair- man's powers of ravision and control, delegate to the head of nny depart- meat for the time being all or any of his powers undar the said sub-sect i~n in respect of tht; enlployees of that department whose monthly maximum salary, e.;clusi~)e of allowmces does not exceed tl11e.e hundred find fifty rupees.

IF 19511 Port Trus t s and lJorts ( A ? n e n d m e n t )

1 3 ) Notwithstailding anything contained i; sub-section ( I ) , the power -

to make appointment to posts of heads of departmei~ts shall be exercise- *

able only by the Central Government after oonsuitation with the Cha

(4) The Central Go+erllnle~lt may by order specify each of the posts the incunlbent 01 which shall for the purposes of this section be regarded :IS the head of a department."

88. Amendment of section 32A, Bengal Act I11 of 1890.-In section 32A f the Calcutta Act, for the norcls "shall be disposed of in such manner ss the

1 :ommissioaers may think fit," the words "shall be credited to any such welfare ! iund as may be established by Che Conlmissiollers for the benefit of )heir 3mplogees" shall be substituted.

89. Repeal of section 33, Bengal Act I11 of 1890.-Section $3 of the Calcutta i c t is hereby repealed.

90. Snbstitution of new section for section 34, Bengal Act 111 01 1890.- For section 34 of the Calcutta Sc t , the foilowing section shall be substituted, a r n e l ~ . -

"34. Certain orders o f C o m m i s s ~ o n e r s sub jec t t o previous sanction of Central Government . - ( I ) EverJ order made by the Commissionerj under section 30 or section 32, save whsre such order has been made in accordance with the rules, for the time being in force, framed under section 31, shaU so far as the same relates to the Deputy Chairman or to any enlployee of the - Commissioners whose maximum month1~- salary exclusive of allowances is not less than one thousand rupees, be subject to the sanction of the Central Government.

(2) For the purposes of sub-section (I), any person who may, from t i ~ n e to time, be employed as Consulting Engineer to the Commissioners, otherwise than on the basis 01 payment of monthly salary, shall be deemed to be an crnployee whose maximum monthly salary exclusive of :l!owanoe~ is not less than one thousand rupees."

91. Amendment of section 35, Bengal Act 111 of 1890.-To section 35 of the Jalcutta Act, the following clause 'shall be added, namely:-

" ( 9 ) the sinking of tube~vells and the equipment, maintenance and use of boats, barges and other appliances for the purpose of the supply of wafer to shipping at the port."

92. Substitution of new section fa? section 38, Bengal Act 1x1 of 1890.-For ection 38 of the Calcutta Act, the fol!owi!lg section shall be substituted, lamely:-

"38. Power t o szipersede t h e Conz~~zzssionars.-(1) If, at any time, fbe Central Goverilmeilt is of opinion-

(a) that on account of a grave emergency, the Commissioners are unalde to perforrn the dubies imposed on them by or unddr the pro- visitn!s of this Act or of any other lam, m-

( b ) that the Coinmissioners have persistently made default ill the performance of the duties imposed on them by or under the provisions of this Act or of any other law and as a result oE such default, the financial position of the Commissioners or the administrations of the Port has greatly deteriorated

time, as may be specified in the notification : Provided tllst before issuing a not~fication under this- sub-section fo'

reasons mentioned in clause (b), the Central Government shall give a reason able time of not less than three months to the Commissioners to shov cause why they should not be superseded and shall consider the explanation and objections, if any, of the Commissioners.

(8) Upon the publication of a notification under sub-section (1) super seding the commissioners, t,he following consequences shall ensue :-

(a) all the Commissioners shall, as from the date of supersession vacate their offices as such Commissioners;

(b) till the powers and duties which may, by or under the provision: of this Act or of any other law, be exercised or performed ky or a . behalf of the Commissioners, shall, until the Commissiollers are, re constituted under clause (b) or clause (c) of sub-section (3) , be exerclse and performed by such person or persons as the "yntral Governmer may direct;

(c) all property vested in the Commissioners 'shall, until th Commissioners are recoilstituted under clause (b) or clause (c) of sul section (3), vest in the Centzal Goverpment.

(3) On the .expiration of the period of supersession specified in th notification issued under sub-section (I), the Central Government may-

(a) extend the period of supersession fo; such further term: nc exceeding six months, as it may consider necessary; or

(b) reconstitute the Commissioners by fresh appointment and fres election,. and in such case any persons who vacated their. offices u12ilc clause (a) of sub-section (2) shall not be deemed disqualified for appoin ment or election, as the case may be; or

(c) roconsti€ute the Commissioners by appointment only for suc period as it may consider necessary and in euch a case, the persons wl vacated their offices under clause (a) of sub-section (2) shall not 1: deemed disqualified for such appointment merely. because they we] Commissioners a t the time o'f supersession :

Provided that the Central Governmeilt may, a t any time befo ~f - the expiration of the period of supersession, whether as originally spec

fied under sub-section (1) or as extended under this sub-section, tal action ,under clause ( b ) or clause (c) of this sub-section. (4) The Central Government shall cause a notification issued und

sub-section (1) and a full report of any action taken under this section ar the ci~cumstances leading to such action to be laid before Parliament at tk earliest possible opportunity, "

93. Repeal of section 39, Bengal Act I11 of 1890.-Section 39 cf the Calcut Act is hereby repealed.

94. Amendment of Section 44, Bengal Act 111 of 1890.-In section 44 of t k Caloutta Act,+

(a) to sub-section ( 2 ) , the following shall be added, namely: - "and shall, excepting such portion thereof as the ~hairmaD fit in nny particular case direct, be open to the inspection atso of t k publi-, at the office of the Commissioners during office hours c payment of such fee for each inspection as may from time to t in be fixed by the Commissioners in meeting."

( b ) after sub-section (2), the followiug sub-section shall be inserted, -. namely: -

" (3 ) A sunlmar) of thedsa!d minutes shall, as soon as practicable, be published in the Ofiicial Gazette."

85. Amendment of section 48, Bengal Act I11 of 1890.--To seation 48 of e C!alcuttii Act, the following proviso shall be added, namely:--

b.

, "Provided that no contract, under or by virtue of whioh a sun1 greatw th:m seveu lnlihs of rupees ma5 in any event be payable by th? Comm~s- sianera, slia.11 be valid unless i t has beell made with the previous sa~~et iol i

I 1

oi the Centr::l C;overiiinent. "

96. Amendment of section 49, Bengal A C ~ I11 of 1890.-In section 49 of I Calculta Act, for the tvorcls "two thousand" the wrords "ten thousand" shall

b~ I )~ t l t . ~ t e i l I

97. Amendment of section 50, Beegal Act I11 of 1890.-In section 50 of the ,lcuttla Act,-

(a) for the words "one thousand" the words "five ihousand" shall be substituted ;

(b) to the said section, the following shall be added, namely :-

"and iri every such case, the Cliairlnan or, as the case nlay be, the Deputy Chairman shall h a k e a report to the Commi~sioneis at their next meeting of any suchdirections given or ccntracts entered into by him.!:

$8. Amendment of section 51, Bengal Act I11 of 1890.-To se~t ion 51 of the lcutta Act, the following proviso shall be added, namely :- -

"Provicled that where the estimated cost of any new work has been approved by the Central Government, no expenditure which exceeds hr mo;c ilhct;i ten per cent. the estimated cost so approved shall be insucred by the Cnlllinjssioiiers without the previous approval of the Cciitral Clovern- melit "

99. Alnendment of section 52, Bengal Act I11 of 1890.-To section 52 of Calcutta Act, the following proviso shall be added, namely : -

"Provided t h a t no settlement shall be made under this section withoub the previous sanction of the Central Government if such settlemellt involves the payinent by the Comnlissioliers of a sum exceeding twsntv-five,thousand rupees."

100, substitution of new section for section 53, eng gal Act I11 of 1890.- sectioll 53 of the Calcutta Act, the following section shall be substituted,

ne1y:-

"53. Mode of executing contracts or ngreenzents.-(1) The Chairman may, on behalf of the Commissioners, enter into any contract or agreement whereof the vdue 01. arnount shall not exceed five thousand rupees, in such manner and form as, according to the law for the time being in force, would bind him if such contract or agreement were on his own behalf; but every other contract or agreement en behalf of the Comm;ssioners shall be in &I. of Law.

--- . --_ *- _ -_-- *--_--__,_ ___- _ _ - -_--____^--_____ III?M

1.w 2 . 3 Port Tiqusts and Ports (Amendment) LAC < , 8 ,

, ' writing and shall be signed by the Chairmanland by two other Commissioners,

and shall be sealed by the common Seal of the Commissioners.

(2) No contract or agreemenb not executed as is in this section provided! - hall be binding on the Commissioners."

101. Amendment of section 55, Benga1,Act 111 of 1890.-In the proviso to section 55 of the Calcutta Act, for the words "ten years" the words "thirly ,years" shall be substituted. =$

/ .

102. Amendment of section 57, Beagal Act I11 of 1890.-In section 57 of the C'al6uttn Avt., for the words "shall be held upon trust for the purposes of this Act and not otherwise" the words "shall be held by the Cammissioncrs in trust for the purposes of this Act" shall be substituted. I

103. Repeal &section 64, Benga.1 Act 111 of 1890.-Section 64 of the C,alcutfa Act is hereby repealed.

104. Insertion of new Part IV-A in Chapter IV of Bengal Act 111 of 1 8 9 0 . ~ ILI Chapter IV of the Calcutta Act, after Part IV, the following Part shell be inserted, namelg- :- I

68B. Application of nloneys belonging to the Commzssioners.-Subjeot to the provisions of section 36 of the Indian Ports Aot, 1@19 (XV of 1908), the moneys belhging to the Commissioners shall be applied by them in paymhnt of the follcwing charges, namely:-

(1) the salariei, fees, allowances, pensions, gratuities, conmpas- sionate allowances or other moneys due to the Commissioners and to

1 the employees appointed under this Act;

(2) the contributions, if any, duly authorised to be made-

(a) to any provident fund established by the said employees, or

4b) to such provident fund, if any, as may be established under section SOA, or

(c) to such welfare fund or b a n fund, if any, as m'ay be established by the Commissioners for the benefit of such employees;

(3) if ally such provident fund or we1fai.e fund or lqan fund be established by the. Commissioners, the cost and expenses, if any, which nlay&e illcurred by the Commissiollers in the conduct and administration thereof ; ,

(4) the cost of yepairs and maintenance of the property vested in the Commissioners and all charga upon the same\and all working1 expenses;

(5) the interest due on any money that may have been raised by: the Commiqaioners under sectinn 18 ot. section 22;

_ . -,-_ _ ._-_ _ - -- - - - - -

953 3 ' P o d ? " T U S ~ S and Poll8 ( A m e n d m e n t ) 35'

(6) the cost, or such portion of the cost of any aew work, plant, vessel or applisnce Rrhich che Commissioners may determine to phargsl .to reveiltw ;

(7) the payment of pensions, gratuities arid cornpasdonate allowances granted by the Cornmissioners to their employees injured, or to surviving relatives of their employees killed, in the execution of their duty;

(8) the payment under clause (io of section 30A of bonuses to employees appointed under this Act and to the widows or depcnclent children 01 other surviving depende~t relatives of such af them as ma;. die while still in the service of the Commissioners,

(9) any other charge for the purposes of this Act or for which the Commissioners may be legally liable :

Provided that the Colnmissioners shall have power and shall h deemed always to have had power at any time Go apply, with the sanction of the Central Government,, the moneys belonging to them in payment of any othcr charge not included in the foregoing clausee ,of this section."

05. Insertion of new sections 75A and 75B in Bengal Act I11 of 1890.- r section 75 of the Calcutta Act, the following seotions shall be inserted, e b : - - -

I

"75A. capital expenditu~e.-(1) No expenditure shall be charged bg the Commissioners to capit,aI without the previous sanction of the Centreb! liovernment.

(2 ) Rothing in sub-section ( I ) shall require further sanctior~ of the ?entral Government in the case where the actual expendituro incurred as i charge to capital exceeds the expenditure sanctioned in this behalf by the Jentral Government unles~l the excess is more than ten per cent. of tha speriditure so sanctioned.

75B. VVriting, off of losses.-(1) Subject to such conrlitions as may be qpeciiied by thc Central Government, where the Commissioners are of ,pinion that any amount due to, or any loss, whether of money or of psoperty, ncurred by the Commissioners is irrecoverable, the Commissioners rl:ay, pith the previous approval of the Central Government, sanction ~ h c writing 18 f iad l~? of the said amount or loss:

Provided that no such approval of the Central Govelmment shall bo iecessary where such irrecoverable amount or loss does not exceed, in ang ndividual casc, two thousand and five hundred i*upees or in the aggregate n any one year, fifty thousand rupces.

(2 ) Notnithstanding anything contained in sub-section ( 1 ) : ~vhele the >hairman is of opinion that any amount due to, or any loss, whether f money or of property, incurred by the Commissioners is irrecoverable, i e Chairman may sanction 'the writing off finally of such amount. or loss, rovided that such amount or loss does not exceed, in any individual cttse ve hundred rupees or, in the aggregate In any one yea;, tell tholisand I ~ ? s ; mcl in every such case, the shall malie a i'eport to the omn~iseiollc~s giving reasons for such sanction. "

106. Substitution of 'new section for section76, Bengal Act IfP of 1890.- 8& section 76 of t h e Calcu'bta Act, . . 6l;e follcnring section sliall 'be substituted. namely : -

"76. Audit u ~ z d eswrnination O/ , ~ C C ~ U I C ~ S . - @ ) The accounts of th: rsceipts. and ;expenditure under this Act sliall once in @very- year be laii !before the.Centra1 Governnielit and shall be audited znd examined by th:

.Coinpti+oller Auditor-G~neral of Inilia at auch birnes and i n such manne a s inay be determined by him.

( 2 ) within fourteen days after the audit and -examination shall hav~ been completed; *he auditors- shall report upon the accounts audited an(

; examined, a ~ i c l r', 3,ll fornraril copies of sircb report. to the Centfa1 ,Govern iilent and to t ' i . ~ Cornmissioners ifi meeting, and the Con~missioners i~ meeting shall on receipt of such report cause the same to be deposited i: the o&ee of the Commissioners ant1 to be publisl.ied; together with a: abstra,ct of the accounts, in the Official Gazette ..."

107. ~ l s e r ~ i o n of new sectidn 16A in Bengal Act PI1 of 1890.-After section 7 s f the Calcutta Act, the following section shall be inserted, namely:--

"768. Co?nnziss ione~s t o ~ e n z e d y defects u ~ ~ c l . i r ~ e g u l u ~ i t i e s pointed 0%

irl t h e audi t report mtd Central Gover.n?nent .to pass fi71.1~1 O T ~ ~ T B . - ( I ) Tk Cornmissioners in meeting shill1 forthwith ta.ke into consideration any defec- or irregularities that may h e r~oiiltetl out by the auditors in their report ar shall ,ass, such orders thereon as the Commissioners. in meeting may t;t~ir fit an:! shall also send a report of the ac.t,ion talien by the Commissio?lers to. tl Central Governmeni.

( 2 ) If there is ~1 digerei~ce of opinion between the ~bmmissioners ar %he auditors on any point iricluded in the audit report and the Commissione in imeetirlg feel \inable to accept the recominendiitions, if any, made' by t: i~llditors on s~ ich point, the matter shall fort1-1mit1-1 be referred, to tilie C.eatr

- ;Government who shall phss final orders thereon and the ~Cominissione~+s sh: 'be bound to give effect to such orders." 108. Amendment of section 79, Bengal Act III of 31890.-In section 79 of t!

Calcutta Act, for thewords "A11 auditors not being a public department, act? under this Act"; the words "the Comptroller and Auditor-General of Tndi: shall be substituted. . .

109. Insertion of new section 80A, in Part V of Chapter IV' of Bengal A III of 1890.-In Part V of Chapter I V of the Calsutta Act, sfter section 80, 1 follnwing section shall be inserted, na.inelg : -

"80A. Subm,iss ion o f accounts t o tlze C e n t ~ a l ~overnn?e, tz t . - (1) T i commissioners shall a,:inualiy, or oEtener, if directed by the Central Gove~

:men{ sc t,o do, submit statementsof t,heir receipts and disbursements to t :Central . ~ Government in E U C ~ forin and a,t such time a,s khat Govcrnm~nt n: direct.

!2) A copy of d l .such statements shall be open to the inspection of .f publ~c; at the office of the C,onlniissioners during office hours on payment %such fee for each inspection as inay from time to time be fixed by t h e Co missioners in meeting."

310. ~mendrnen t of section 90, Bengal Act III of 1890.-Section 90 of i Calcuttaa. -4ct shall be renumbered as sub-section (7) thereof, and-

. ( a ) to the said sub-section, the folloxving proviso shall be add. namely : --

"I'r~vided d s o that it shall be lawful for the Commissioner~ meeting in special cases to permit goods to be landed from, or ship!

\ +-r"$ " , ;& I{

951 IJ Port T'r~ists alad P O I ~ F ( A ? ? z e ~ z ' d m e ~ ~ i )

upon, any such sea-going vessel by persoiLs other ti.!<i~l the employees or agents of the Commissioners. "; and

( I ) ) after the said sub-section as so relum1~r7red, the following sub. sectio.a shall be inserted, namely :-

"(2) The Commissioners map nlso 1naint:iin and use lighters for the purpose of landing and shipment of goods betrtreeil sea-going vessels a t the porf, and tlie docks? wharves, quays, stages, jett es or piers erected by them."

!I),. Amendment of section 93, Bengal Act Ill of 1890.-In section 99 of qalcutta Act,-

(o) the words "to rgquire the Conservator of the Port or other pelAsoLw 'pxercising the rights, powers and authorities of the Conservator of the Port'" shall be ornilbed;

(1 , ) the follo~ving proviso shall be added alp the end, a ~ m e l y : - "Provided that if the Con~missioners are not the Coilservator of the

port, they shall not themselves make the order as aforesaid but shall require the Conserva$or of the Port, or other person exercising the rights, powers and authorities of the Conservator of the Port, to make such order."

112. Amendment of section- 94, Bengal Act 111 of 1890.-In sectioil 94 of Calcuttn Act, for the words "Conservator of the Port" the words "Commis- '

~ e r s or as the case may be, the Conservator of the Port" shall be substitute,d. 113. Substitution of new sektion for section 95, Bengal Act 111 of 1290.- a section 95 of the Calcutta Act, the following section shall be substituted, iely : - -

"95. Power t o direct goods n o f t o he balzded from or shipped u p o n oea, gouig vessels suve a t docks , e f c . , e r e c l ~ d by Co??~~;zissio~ze?s.-Without the express suilction ol the Commissioners ill nieetiilg and except in accordanca with the conditions 1~11icll the Co~nmissione~*s in meeting may by resoilition prescribe, no goods shall be landed or shipped froin or ~11011 any ses-going vessel within the port saI c a t the clocks, wharvqs, quays, stages, jetties ar. piers eregted under this Act."

114. k m e ~ d m e n t of section 105, Bengal Act III of 1890.- In section 105 the Calcutta Act, for the-words "aay vessel or goods" the nords, figlncs, 'ckets and iettel-s "vessels or goods excepting the sewices in respect of ~sels for mrhich fees are chargeable under the Indiaii Ports Act, 1909 (XTT of 18)" shall he substitutecl.

115. Amendinent of section 107, Bengal Act 111 of 1890.-After sllb-section of section 107 of the Calcutta Act, the following sub-section shall be

erted, namely :- " ( l a ) P O ~ : LO l e v y colzcessio~zal rate of c:horges o n coastal &-go.--

I11 lrhi-~iing S C J ~ E S under the foregoing pl.o.i-ision, the C o i n m i s s ~ o n c ~ ~ ~ -in . meeting may prescribe a lower rate of charges in respect of cargo coriieci in a vessel from one Indian port to another.

Plrp1~uaiion.-For the pzrposes of this section, the expression "Indian port" inclucles tlie ports of Diu, Dainaa, Marrnagao, Panjim. Mahe,

,ICarailral and Pondichemy. " 116. Amendment of section 108, Bengal Act III of 1390.-111 section 108 the Calcuttil Act,-

(a) after the wolds "liiiiits of the port" the_ words "or af the port approaches " >11:~11 be inserted ;

' 198 C 1 - $8 Port Trusts and Ports (Antendment)

( b ) to the proviso, the folloiing shall be added, "or, according as the goods are landed or sbipped within the limit

of the port or of the port approaches."

117. Insertion of new section 109A in' Bengal Act IZI cif 1890.-After sectio~ 109 of the Calcutta Act, the followirlg section shall be inserted, namely:-

"1098, Power of Commissioners to remit tol?s, etc.-The Commig sicnors in meeting may, in special cases, for reasons to be recorded i miting, remit the whole or any portion of the tolls, dues, rates or charge Ieviab!e according to any scale for the time being in force u n d ~ r sectio 307 or section 109."

118. Amendment of section 113, Bengal Act III of 1890.-In sub-sectio (2) of section 113 of the Calcutta Act, for the word "three" the word "five shall be substituted.

119. Insertion of new section 119A in Bengal Act I11 of 1890.-After sectio 119 of the Calcutta Act, the following section shall be inserted, namely:-

"1196. Dtsposal ofgoods not relnoved from the premises of the Con missioners within time limited.-(1) Notwithstanding anything containt in this Acs, where any goods placed, in the cust.ody of t he Comn~isaio~le upon Ihe lailding thereof are not removed by the ownw or other persc entitlod t.hcreto from the premises of the Commissioners within one rl~oi~t frorn the daft: on which such goods were placed in their cuscody, tl Commissioq.ers may, if the address of such owner or persoil is know: came a notice to be served upon him by letter delivered a t such addre, or sen! by post, or if the notice ctinnot be served upon hiin or his ntldre is not biowli, cause a notice to be publlshccl in the Oficial Gazette :ti

also in at least one of the principal local daily newspapers, requil-ing hi to remove the goods forthwith and stating that in default of complian therewith the goods are liable to be sold by public auction:

Provided t'hat where all the rates and charges payable under this A in respect of any such goods have been paid, no notice of removal sh: bc so served or published under this sub-section unless two months l;a expired from the date on which the goods were placed in the custol of the (7onlmissioners.

(2) l f such owner or person does not comply with the requisitioll the notice served upon him or publishecl under sub-section ( I ) , the COI mjssioilers may, a t any t8iine after the expiratio11 of one month froin t date on n-hich the notice was so served or published, sell the goo by public: auuliul~ alter giving notice of the salc in thc rnnnncr pmscrib in section 219.

(3) The Central Government may, by notification in the Oftic Gazatta, exempt any goods or class of goods from the operation of tl section. "

120. bondment of section 120, Bengal Act III of 1890.-In scb-secti (I) of section 120 of the Calcutta Act, for the words "In every case of any suc eale as aforesaid" the words, figures and letter "In the case of any sale und section 118 or sectiols 119A" r;hall be substituted.

121. Insertion of new section 122D in Part IX of Chapter IV of Bengal R UI of 1890.-In Part IX of Chapter l3' of the Calcutta Act, after section 1% $he following section shall be inserted. namely : -

"122D. .llternative remedy by suit.-Notwithstanding anything cc kained in section 111 and in sections 116 to 122 (both inclusive), t

P 19511 POT^ Trusts and Ports (Amendment ) Commissioners may recover by suit any tolls, dues, rates, rents, charges, drtmagzs, expenses, costs or in case of sale, the balance thereof when the proceeds of sale are insufficient, or any penalties or fines payable to, or recoverable by, the Commissionerb under this Act or under any bye-lawe made in pursuance thereof. " /

122. Substitution of new section for section 123, Bengal Act I11 of 1890.- or section 123 of the Calcutta Act, the fcllowing seotion shall be substituted, amely : -

"123. (1) Moneys received by the Commissioners as Conservator of Port or as body appointed under ssction 36 of the Indian Ports Ac t , 1908.- All moneys received by the Commissiyners as the Conservator of the Port and of the Port approaches, or as the body appointed under sub-section (1) of section 86 of the Indian Ports Act, 1908 (XV of 1908), excluding all fees and all fines and penalties creditable to the pilotage account of i.he pot% under sub-sectic>ii (5a) of that section shall be deemed to be :r $ortion of the income oi the Commissioners and shall be included in iheir anllual estimates and accounts.

(2) Powers, etc., of the Gommissione~s as Conservator of Port or as body appointed under section 36 of tlze Indian Ports Act , 1908.-All the powers, authorities and restrictions contained in this Act in respect of the works by this Act authorised shall apply to the works which may be executed by the Commissioilers as such Conservator or body, llot being the worlrs the cost of which is chargeable to the pilotage account of the port under sub-section (5b) of section 36 of the Indian Ports Act, lW, and also to the sanctiojl of such works, the estimates therefor and the expeiiditilre thereunder."

128. pepeal of section 124, Bengal Act I11 of 1890.-Section 124 3f the ~lcut ta Act is hereby repealed.

124. Amendment of sectibn 126, Bengal Act I11 of 1890.-In suo-section (4) section 136, of the Calcutta Act, for the words "in three consecutive numbers the Official Gazette" the wods "for two weeks successively in the Oflicial

~ze t te and unt,il fourteen days have expired from the date on which the same ,d been first published in that Gdzette." 125. Insertion of new sections 134A and 184B in Chapter X of the Bengal

:t I11 of 1890.-In Chapter X of the Calcutta Act under the heading discellaneous ' ' before section 135, the following sections shall be inserted mely :-

"234A. Supply of reports, returns, etc. , t o the Central Government.- The Chairman shall furnish to the Central Government such ~.epurts ltetu!.ns, tlocuments or other information relating to the work of the Corn- ,

missioners under this Act as may, fram time to time, be called for by $he Centrd Government.

134B. Annual administration report of the Port.-As soon as may be after the first day -of April in every year m d not later than such date as may be fixed in this behalf by the Central Government, the Commissioners shall submit to the Central Government a detailed report of the :~dminie- tration of the Port during the preceding year ending on the thirty-first day of Marah in such form as the Central Government may direct."

126. Substltution,of new sections for section 136, Bengal A t t III of 1890.- - sectiorl 136 of the Calcutta Act, the following sections shall be substituted, riely : -

'136. Persotts employed under this Act to be public servants for certain pu~poses.-Eveiy pewbn employed under this Act shall, for the purposee of section^ 151 to 171 (both inclusive), 184, 185 and 409 of the Indim

r

1: 200': i * a, - Port T ~ s t s and l 'o~ts (Amelzdn~ejzt) [ACT xxxv

r e n a l Code (Act X1,V of 1860) and fnr the purposes of the Prevent~on of Corruption Act, 1947 (11 of 1947), be de-emed to be t: public servant within the meaning of section 21 of the said Code.

1368. P o w e ~ to evict eel-tain persons from tho premises belolzging 6 c t he Commissione~s.-(1) Notwithstanding anything contained in any othel IRW, if the Commissioners, in exercise of the powers conferred on then: by rules made under this Act, cancel the allotment of any premises mad( to any employee of the Commissioners, the Commissione~s may by notice in writing, order such allottee or any other persons who may b< in occupation of the whole or any part of the premises to vacate them and deliver the same to them or a person appointed by them in that behal within such period as may be specified in the notice.

Explanation.-For the purposes of this section, "premises" means an! building or part of a building and includes-

(i) the gardens, grounds and outhouses, if any, apperta,inillg tr such building or part of a building;

(ii) any'fittings affixed to such building or part of a building for th more beneficial enjoynlent thereof; and

(ili) any furniture, books or other things belonging to the Corr:

- ~ ~ i s s i o n e r s and found in such building or part of a building. (2) If any allottee or o t h e ~ person refuses or fails to comply with a

order made under sub-section (I) , any presidency-magistrate or magistrat ~ r " 'the first class may, on application made by or on behalf of the Carr missioners, order any police officer, with proper assistance, to enter int the premises and evict any person horn, and take possession of, the prc mises and to deliver the same to the Commissioners or a person appointc by them in tha t behalf and the police officer may for that purpose, u: such force as may be necessary.

(3) Any such notice as is referred to in sub-section (1) may be served- (o) by delivering or tendering i t to the allottee or any obher persc

who may be in- occupation of the whole or any part of the firenlise or

(b) if it cannot be so delivered or tendered, by affixing it on tl outer door or some other conspicilous part of the premises: or

(c) rcgistered by post.' 127. Insertion of new section 143 in Chap;ter X of Bengal Act 111:

1890.-In Chapler X of the Calcutta Act, after section 142, tho following mctic ehaL1 be iiiserted, ntime1y:-

"143. Ar~2~licntion o/ celtain prouisiolls of the Act to ai~craft.--Ti provisions of sections 36, 89, 91, 97, 99 to 102 (both inclusive), 104, 104. 105, 106, 121, 122, 126 and 135 shall apply in relation to all aircraft makk use of the-port while on water as they apply in relation to vessels."

CHAPTER M AMENDMENT OF MADRAS ACT I1 OF 1905

128. Amendment of section 5, Madras Act 11 of 1908.-Ia seolion 5 t h s XIadras Port Trust Act; 1905 (hereinr,ftcr in this Chapter refelred to as t hIadras Act),-

(a) in clause (6)- (i) after the words "any vessel" the words "or any aircraft niaki

use of the port" shall be inserted;

> .*-Q

OF 19511 3 8

1'01 t ll,.usts alzd 15qrts ( A m e n d m e r z t ) 201 ,, (ii) after thc worclr "such vessel'' tlle wolds "ur ,such ailcraft, as

the case ma.y,beV shall be inserted;

(ziz) thc words "of the l~ort" shd l be added a t the md; (6) ill clal~ss (?), after the words "a,13y vessel" the ~vorcls "or ang

aircraft nlalring use of t h ~ port" shall be inserted; (c) after clause ( l l ) , the following clause shall be inserted, namely:-

'r(11a) 'public securities' rnfi,in---

( a ) j."oinissory notcs, debentures, stock or other securities of the Central Government or of any State Government,

(11) debentures or other securities for money issued by or ~11-

behalf of ally inunicipal body, 1-mprovement Trust or Port T111st uudcr the authority crf ally lam for the time being in force in Illtiink and indudes the Fort Trust securities ; " ;

(d) in clausc ( 1 3 ) , after the 117ord "conveyance" the word " n ~ n i ~ ~ l y ' ~ shell be inserted :

(o) the selltel~ce com~nencii~g with the words "Any requirement iu this ,4ct" and ending with the words "Officitll Gazette of the Province" s h a k be omitted.

129. Insertion of new section $i in Chap t e~ I of Xadadras Act II crf 1905.- I n Chapter I of the Madras Act, after secticil 5, the follo\ving section shall ba . inserted, namely :--

"58. Il 'c~qzirerne~rts as t o publicafion of ~zof i f icat io~zs;: ordbrs, etc., i n ~ tlts Oficial Gazette.-(1) Any requireinenti in this Act that a notification- orcier, rule 01: bye-lsw issued or made by the Eoard or by the Central! Goverllnlent shall be publish.ed in the Oficial Gazette, shall, unless other wise erprc;sely provicled in this Act, be construed as a requi~emeni t h a t the notification, order, rule or bye-law shall-

( a ) vrherc it is issued or made by the Boarcl, be published i11 thek ')Aicial Gazetbte of the State, and

( b ) where it is issued or made by the Ce:itral Government,, be ~ u l ~ l i s h e u in the Gazette of 111d12. (2) Any notificatiou, order, rule or bye-law issued or made by tha-

Central Governinent shall, for general information, be also republished in the Offjcinl Gazette of the State." -

1.30. Amendment of section 8, Madras' Act I1 Of 1905,-111 sub-section (1) 5f section 3 of the 1T~ch .a~ Act, after the words "the Central Govcr~llnai~t", where they occ;ur for tlie firsf tlme, the words "hy notificatioll in the OB6al Gazette ' shall b s inser;erl

231. Substiiution of new section for sectian 9, Wliadras Act IT of 1905.-• For section 9 of the Madras Act, the f~ l l o~ r ing section shall be substituted, namely: - -

. .

L C ' J . &ppoi?zt??~errt of T.rtistees b!j t h e Cent.ra.1 G o v e ~ ~ ~ l ~ z e i r t a.nd pubticn- t ion of nnm.es of',elected. '~?'~uileea.-- ( 1 ) The Truste,es other thaq. the Chsir- 1-uail a i d those who are. ez-o,#icio Trustees or Gecteci Trust,ees s11al.l be a,ppoii!ted either by . ,name or by virtue of office bg the Central G-cveri~menk by r,otifict~tion i l l . the Off~cial Gazette. . - , . .

(2) The naines of persons elected as Trustees shall be published by t h ~ Central Gove~.nment in the Official Gazette."

I

f i -@@ I ,? .> * -

.42 .. G' b-5 P o ~ t Trus t s and P o ~ t s ( A m e n d m e n t ) [ACT 'XXXV

132.eAmendlnent of section 10, Madras Act I1 of 1905.-In section l b of .the Ma3ras Act,--

( 1 ) in sub-section ( I ) , -

(a ) for the words "No persol1 shall be qualified to be a Trustee who", the following shall be substituted, namely :-

' ' A person shall be disqualified to be a Trustee if he";

(b) clause ( a ) shall be omitted;

(c) foi. clause ( b ) , the following clause uhall be substituted, diamely : -

" ( b ) has been convicted and sentenced to imprisonment for an offence involving moral taurpitude p~iaishable with imprisonment for a term exceeding six months, or to transportation, such convio- tion not having been subsequently reversed or quashed, unless the Central Government has by order removed the aisqual ;ficatb~u ; ' ' ; ( ( 1 ) iii clause ( c ) , the words "uncertificated bankrupt, or" shall

'be omitted; ( e ) for the proviso to clause (d), the following proviso shall be'

sabstitnted, namely : - "Provided that this disqualification shall not apply to the

Chairman, ex-officio Trustees and Trustees appointed by virtue of office. "; ( f ) in clause (vi), for the words "two thousand" the wol-ds "ten

thousand" shall be substituted; ( 2 ) in sub-section (2),-

(R) f i r the words "Any Trustee" the wc~ds "Any elected Trustee or any Trustee appointed by name" shall be substituted,

( b ) at the end of clause ( c ) , the word "or" shall be added; and (c) after clause ( c ) , the following clause shall be institut!:d,

namely :- " ( d ) acts in contraventioil of the provisions of section 23A,

133. Substitution of new section for sectipn 11, Madras Act I1 Of 1905.- For section 11 of ths Madras Act, the followillg section shall be substituted,

:mamely :-

"11. T e r m o f office of C l ~ a i r m u n and other Trus1ees.-(I) The Chair. mau shall hold office during the pleasure of the Central Government.

(2) Subject to the provisions of sections 10, 118, 13, 13A and 20, au elected Trustee or a Trustee appointed by name shall hold office for a term of two years commencing on the first day of April next following the election or appointment, as the case may be, of such Trustee.

(3) Eubject to the provisions of section 11A, a rrustee appointed by the' Cent,ral Government by virtue of an office shall, until the Central Govern- ment t y notification in the Official Gazette otherwise dire&, continue ta ,be a Trustee so long as he continues to hold that office.

(4) The term of office of every Trustee appointed by name or cleated as such and holding office on the first day of April next following the commencement of the Port Trusts and Ports (Amendment) Act, 1951, shall be deemed to have expired on that day."

. X ~ F 19511 Port Trusts anti' Ports (Amendment) . . 184. Insertion of new sections 11A and i l ~ in Maklias Act- 11 - of f905.-

*fter. '11 of: ; the ,,M&dfaa: ~c t ; ; ' t ~&: : " i f~ l l o~ i f i g : sedei(jnii''.&,dl . be ifigeyted, . . . :..namely :- . . !

"11A. Resignation of T~ustees.--An elected Trustee o r d Trusted ap- 1. poiiited by the, Central Ciovernment, whether by name or by virtue of ,an office, may a t any 'time. resign his office by giving notice in writing to the Chairman who shall forward the same to the Central Governmen't, and on

.su& resignatio:~ being accepted by that .Go~~ernment, . he shall oease to be ;. ' a Trustee, and his office shall thereppon becoille vacant.

I I R . Pilli~zg of vacancies in tlze ofice of ~~ustees . - - ( I ) Every vacnaog '

. in ' the office ol an elected Trustee or of a Trustee appointdd by name c:lused ,. j by thz expiration of the term of office of such Trustee shall be iilled by 1 electioll or appointment, as the cxse ]nay be, withill one month imnlediately i preceding the date of expiration of such term. . : I (23 Ever? vacancy in t,h< office of a Trustee appointed by t h e Central

Go-vernfnent by virtue of an oftice caused by the expiration of the term on office of such Trustee o r ottherwise shall be filled by appointmelit within I one month of the .occurrence of such vacancy."

135. 'Amendment of section 12 Madras Act I1 of 1905..--In secijirsri 12 uf I t he IVIadrns Act, for the words "a Trustee" the words "an electecl Trust:ee or .: a Trustee appointed by name" shall be ,substituted.

136. substitution of new sections for section 13, Madfas Act. 11 of ' 1905.- I

~ d r section 13 of the RIadras Act, the follo~ving sections shall be substitubed, :namely :- .

"13. Filling o j casual vccca~zcies~--~n~ casual vacancy in %lie office of - au c!ec::,ed Trustei: or of a. Trust.ee appointed by name caused by the death . :

'or rssigl!~.tion af such Trustee or by virtue of the provisioiis of sub..sectioi~ (2j of eec~tion 10, shall he filled within one rnollt,h by e1ection'i)r appointment , a s the case may be, in the manner hereinbefore provided:

l'ro~,ided that the T~us t ee so elected or appointed shall ratain his ' : offic:e FO long only as the vacating Trustee wonld have ret,ained tl?s sruille

, . if such vacancy had not occurred.

13A. Sn.vi?zg p~ovisi;lz for nppointmelzt an^ election of T ~ u s t c c ~ a.fler the posc~ ibed , pe~iod.-[.l) Nothing in the foregoing provisions shall prevent

' a persoil being appointed by the Central Governnlent to fill ally vacancy in -l;h-3 ofice o i a Trustee appointed by the Central Government either by xame -or- by virtue of an office after the expiration of the -period specified tlierefor in sectio~l 1IB or sectioil 13, as the case may be, if for any reason it -has not beell possible for the Central Governmeilt to ' inske the appointment :

within the said pericd. 1 j (2) Jf the Ce~ltral Governme~~t is satisfied that all electing body be :

failed to elect a Trustee within the-period specified therefor in r;ection 11'B - .

or sectioji 13, as the case inay be, for i.easolis beyond its control, the Central Goveri~ment may, bj7 notification in the Official .Gazette, direct t h a t the election shall be held on or before such date (after the cspiratioll. of the said period) as may he specified,. in the notification.

(3 ) Where :i Trustee is a,ppo!'nted by name, or elected under sub-section ''

.(S) of this section or i ~ o i n i n ~ t e d under section 18 to fill any such vacnncy,as is referred 'lo in section 1113 after t h e expiration of the period specified therefor in ishat section, t h e term of office of sucl-1 'bustee shall commence on the date (!11 which his sppoiatment, election or nomination, a s the case may

. be, i s notified in -the Official Gazette and shall expirt on the date cn wl:ich .P

% .

44 2 @&&: 1'ol.t 'I'rtists ulzd l 'o~~ts (Anze~zdnze~zi) [ACT xxxv ' -p *

.his term of office would haye cspired if hlc appointment, election or nomination, as the case may be, had been.made within. the period so specified in section 1,lE. "

"1. Substitution of new section for section 20, Madras Act II Of 1905.-For section 20 of t.he Madras . k t , the follomiag section shall be substitiited, n a m e i ~ :- -

"20. Appointment of actuzg Trustees.-(1) If an elected Trustee or 8

Trustec,nppointed by name departs from Madras with an intention of being absent iol* a longer period than three months, or if such a Tr~is tzs slialI hare been absent for such period, a. person shall be elected or appointed, as the case may be, to act . for such Trustee during his absence or until he shall ce~ise to be a Trustee, ancl the person so acting shall be deeme8 f r ~ r ail ihe purposes of this Act t~ be a Trustee.

(2) Xothiag In sub sectioil ( I ) shall prevent a person being elect'ed OP; , a[)pointed for a period not longer than three mol~ ths in' the place of an

absent Trustee, on the spplicatioil of the Board if the absentee ha an electecl Trustee, or a t the discretion of the Central Government if he be a Trustee appointed by name or by virtue of an office."

138. Amendment of section 21, Madras Act I1 of 1905.-In sectioll 21 of the Madras Act, for the words "leave allom~ances or other allowances" the

.words "lea~rt: salary or allo\vances, if any," shall be ~ubst i t~uted,

139. Insertion of new sections 21A and 21B in Madras Act I T of 190%-- I Aftor src t 'o i~ 21 of the illa?lr,~s Act', the followiilg sections+shall be ii~seiterl,

naine1)- -

_ "2,l A. ~ ? u t l ~ i t ? , , etc. for Clzuiri?zcr,~z.- hi Central Government may fix the a ~ n o u n t of gratuity or compassionate a l lo~~ance , if any, which shall be paid to the Chairinan on his retirement from o%ca and msy deter- millo the coilditions under which thc said gratuity or compassionate al!owmce shall be so payable.

21B. Pe~nzission to Cka~rrna7z to join P~.ov~dent Pu~zd.-hrotwithsianding anything coiltained in this Act, the Central Government may permit the (;1-,,1n iliac 11 110, beiore s1-1~11 appoiiltinrl~t hacl. been an emplo,y)ree of the , Board, tc 30111 the Provideilt Fund established by the Baal-d u ~ ~ d e r

c l a ~ ~ s e (6) of sect1011 28 for the bsnefit of the employees al3pointed ~ i ~ c l e r this ilcL and m a y determine the co:~dltl~ils" tiil:L restrictioils subject lo

. nihicl-, sl:ch permission 111ny be glvcil "

140. Amendment of section 22, Madras Act I1 of 1905.-In section 22 of the Madras Act,--

(a) sf'ler the words "the fees" the nrords "if any" shall he inserted;

( b ) after the words "to the Trustees" the \vords "or to any class of them" shall be iaserted.

141. Amendment of section 23, Mrtdras Act I1 of 1905 -In clause (I) of sect lo^^ 23 uf Lllc ~,l:!ci~~is AcL,-

( a ) t o sub-clause (gj, Ihe fo;lonring shall be aclrled, na~nelg .- "aiid the said i n i n u t ~ s , excepting such portion illereof as the Chainnan may in any particular case direct, shall also l;e open to thc inspectioil of the public at the office of the Board during oftice hoars on payment of such fee for each inspection 3s may fro111 ti in^ 1~ 4 line hc fixed 11y thc Boarcl ;" ;

1'0d Trusts und Pcrts (Ansencln~eizt)

(b) for sub-clause (0, the f011o~viiig sub-clmse shall be substitutert, ualnely : -

"(i) a summary of the minutes of ex cry rneet i~~g of the Board shall, as sooil as practicable, be publisl~ed in the Official Gazeite.'

842. amendment of section 26, BXadras Act 11 of 1905.-In section 2G of the Macras Act,-

( ( 1 ) i13 clause (21, f o ~ the ~vords "oEticers and serbants" the ;rord "employees" shall be substitutetl; ail1

(b) clause (3) shall be omitted.

143. Substitution of "employees, etc." for uofRcers and servants, etc.", in sections 27, 28, 29, 55, 74, 94, 100, 105, 107 and 111.-Save as othelwise expressly pro~ided in this Act in sections 27, 28, 29, 55, 74, 94, 100 105, 107 and 311, for the words "officers (oiher than the Chairman) and of servants" .or "of icc~s arid senants", or "oaicers or seroai?ts" or "olficers" or "s~:rv;~iits" csr "office;" or "se:.dsnt"'~vherever they occur the rvords "employec:~ (other I h ~ n t!ie Cllair~ilnn)" or "einployces" or "employee", as the case ~ r ~ n y be, shall be substituted. '

144. Amendment of section 28, Madras Act I1 of 1905.-In section 26 of! ithe Madres Act,-

(u) after clause (O), the following clause shall be inserted, namely :- "(6u) contributions to u:elfuro fund.-for authorising the paymenf,

of col~tr ibuIio~~s to any welfare fund which may be establi311eii b~ the Uo:1ril for the benefit of the employees appointed under t h ~ s Act :

Provided that the ~naxiinum rate of anilual cont;ibuhon to aCy such welfs1.e funcl and the masiniurn amount to which any such welfare fui~cl inay be allowed to acc~lmu!:~te, shall be firrd Bronl time to time by th-1 G e ~ ~ t r a l Gouerament ; "; (b) ~ f t e r clause (7\, the follo~viiig clause shall be inscrtecl, :~hinely:-

" ( 8 ) Matters relating to terms ancl conditions of service not covered by oilie? c1az~ses.-For regulating the recruitment, promotion, conduct, discipline, puiiislilnellt and any other matter relating to the terms and coilditio~ls of service applicable to the eniployees of tlia Board or allotment of premises to them or their rights and their privileges, nut covoi-ecl Ly of the foregoiiig clauses. ' ; (c) for the word and figures "section 94" the words, bracbsts, figure^

and letil-rs "sub-section (5b) of section 36 of the Iiidlail Act, 1908 " (XV of 1908)" shall be substituted;

(ti) for the proviso, the following proviso sllall be substituted, .namely :-

"Provided that the regulations framed uudbr tlz~s seciion shall not talrl? effect uniess and until they have been approvecl by the (Jentral Govcr~lrnent."

145. Amendment of section 28A, Madras Act II of 1905.-In section B A si the Madras Act,--

(a) t!le words, brackets a n d figures "clauses (5) to (7) of" shall be omitted ;

( L ) for thwword and figures "section 94" the words, brackets, figures and let,ter "sub-section (l ib) of section 36 of the Ir3ian Ports Act 1908 (XV of 1908)" shall be substituted.

4d ° .. POI-t T~us t s and Ports (Amendmentj [ACT xxxv

146. Substitution of new sections for-section 29, Madras Act I1 of 1905.- For section 29 of the Madras Act, the following sections shall be substituted, namely : -

"29. Appointments, etc., by whom to be made.-(1) Subject to the provisions of the Schedule, for the time being in force sanctioned by tho Board under section 27 and of the regulations and rules made by the Board under sections 28 and 92 and also to the provisions of section 30, the power of appointing, promoting, granting leave to, suspending, fining, reducing or dismissing, or ot disposing of any other question relating to the services of, the employees of the Board including the power of dispensing with the services oi any such employee otherwise than by reason of the misconduct of such employee shall be exercised, in the case of employees wkose maximum monthly salary exclusive of allowances is less thal; -,rz thousand rupees, by the Chairman and in every other case, by the Board.

(2) The Chairman map upon such terms as he may think fit and subject to the p~ovisions referred to in sub-section (1) and to the i':hairmsn's powers of revisioa and control, delegate to the head of any department for the time being all or any of his powers under the skid sub-section in respwt of the employees of that dep8rtment whose monthly maximum salary

, exclusive of allowances does not exceed three hundred and fifty rupees.

(29 Notwithstanding anything contained in fib-section (I), the power to lilake appointnlent to posts of heails of departments shall be i.xeroisable only by the Central Government after consultation with the Chairman.

(4) The Central Cfoverrlnlent may by order specify cash of the post the illcumhent of which shall, for the purposes. of this section, be ye- garded as the head of a department.

%A, Disposal of fine8 realiaed under aeotion. 29.-Notwiihstanding anything contained in section 74, all h e s realised under section 29 shall be credited to any such welfare fund as may be established by the Board for the benefit of the employees appointed under this Act."

147. Substitution of new section far section 30, Madras Act I1 of 1905.- For section 30 of the Madras Act, the following section shall be substituted, namely :-

"30. Sanction of Celztral Goverrtntent when necessa~y.--(1) Every ordsr made by the Board under seotion 27 or section 29, save where buoh

'

ordw has been made 111 accordance with the regulations, for the time being ill force, framed under section 28, shall, so far as the samt. relates to any employee of the Board whose lnaximum monthly salary excluslrre of allowances is not less than one thousand rupees, be subject to the sanction of the Central Governnient.

(2) For the purposes of sub-section (I), any person who may, from time to time, be employad as Consulting Engineer to the Board otherwise than on the basis of payment of monthly salary shall be deemed t o be an employee whose maximum monthly salary exclusive of allowances is not less than one t'housand rupees."

148. Amendment of section 32, Madras Act I1 of 1905.-In the secoud proviso to section 32 of the Madras Act, for the words "ten years" the words 'thirty years" shall be substituted.

149. Amendment of section 38, Madras Act I1 of 1905.--In section 38 of the Madras Act, after the worcls "restoration, con?.pletion, constructiou" the word "repair" shall be inserled.

'4 % c-., 5~ 207 . M. . . . f axy r 19511 Port ~ r u s ' t s and Ports (~me@kr l i&~) <-.

150. Tnsertion of new section 38A in Madras Act I1 of 1905.-ilitcr dectioxv 9 of the Madras Act, the following section shall be inserted, namely:--- 1

J "38A. Powers, etc., of the B o a ~ d as C o n s e ~ v a t o ~ of Port oi*as body ap-.

pointed under section 36 of the Indian Po@s Act, 1908.-AU the powem, a i l t l~~r i t i es and restrictions contained in this Act in respect of tho viorks

i b y this Act authorised shall apply t o the works which may be executed by the Board as the Conservator of the Port or as the body appoinhfl under sub-section (1 ) of section 36 of the Indian Ports Act, 1908 (XV of 1908), not being works the cost of which is chargeable to the pilotage ac- ccunt of the port under sub-scction (5b ) of that section, and also to theJ sanction of such works, the estimates therefor and the expenditure thereunder. ' ' 15J. Amendment d section 40, Madras Act I1 of 1905.-In sub-sectionr

I) of seotion 40-of $he Madras Aot, after the words "such loss" the words Dr damage" shall be inserted.

,

I

152. Amendment of section 42, Madras Act I1 of 1905.--1n clause ( e ) of I

ction 42 of the Madras Act, the following shell be added at the end, namely :- "excepting the services in respect of vessels for which fees are charge-.

able under the Indian Ports Act, 1908 (XV of 1908)."

153. Insertion of nelw section 43B in Madras Act 11 of 1905.--4fter section1 IA of the Madras Act, the following section shall be inserted, namely:-

"43B. Power to levy concessional rate of charges on coaatal oargo.-- In framing scales under any of the foregoing provisions of t h i ~ Chaptjer, the Board may prescribe a lower rate of charges in respect of cargo carried in a vessel from one Indian port to another.

$;xplanatio?.t.-For the purposes of this section, the expression 'Indian port' includes the ports of Diu, Daman, Marmagao, Panjim, Mahe, Karai- kal and Poadicherry. "

154. Amendment d section 44, Madras Act I1 of 1905.-In section 44 of e Madras Act,--

( a ) after sub-section ( I ) , , the followillg sub-section shall be inserted, namely : -

"(10) Pozc~er of Ceiztrn.! Gove~?zme?zt t o cancel scale o f tolls, etc.- It shall be competent for tlie Central Government a t ally time to ci~ncel any of the scales framed under the foregoing provisions of this Chaptel*, or to call upon the Board t o modify any portio~l of such scdea, and thereupon the Board sh311 modify such scales a~?ordipg- ly.";

I ( b ) in sub-section (2),- (k) for the words "with the previous sanction of the Central GOV-

ernment" the words "for'reasons to be recorded in writing' shall be substituted ;

(ii) after the words "correct mistakes" the word "and" shall be inserted; and

I (iii) the Words "and write off irrecoverable sums up to a limit of Rs. 200 in each case" shall be omitted.

155. Substitution of new section for section 49, Madras Act 11 of 1 9 0 5 . - - ~ ~ ~ tion 49 01 the Madras Act, the following section shall be substituted, name.

"49. Moneys received by t he Board as Conservator of Port or ns body appointecl ujzder section 36 of the Tndian Ports Ac t , 1908.-All moneys received by the Board as the Conservatos of the qort, or as the body ap- pointeS under sub-sertion ( 1 ) of section 36 of the Indian Ports Act. 1908

(XV oE 1908), excludil~g all fees arxl all fines and 'penaltics creditable to the piiotage .account of the Port under sub-section 45a) of that :;ection, shall Lie deemed to be a portion of the incorne oi the Board alld shall be i~ lc l i id~d iu its arinual estimates gtld accountsi"

156. Insertian of new secLion 58A in Xadras Act %I of 1905.-After section 6% of the ?Tarhas Act, fhe folIowing section shall be inserted, namely :-

"58A. Disposal o f goods lzoi y.eniovad f ~ o ~ l z t h e 1 ~ r e r n ~ s e s o f t h e Hoarcl , I~t'hin .... I time limited.-(1) Notwithstanding anything contained in this Aat, vhere any goods placed in the custody of the Board upon the landing thereof are not removed by the owner or other person enhitled $her& irom the premises of the Board within one inonth from the date on which such goods were placed in the custody of the Board, the Board may, if the addkess of such owner or person is known, cause a notice to bc served upon h i p by lelter deliverecl a t such aclclress or sent by post, or the n o t i ~ e callnot bc so served upon him or his address is not known, cause a notice to be published in the Offimal G-azette and also in* a t least one of the pr i~~cipal local daily newspapeis, requiring hiin to remove the goocls $ o i t h ~ ~ ~ i t h and stating that in default of compliance therewith the ,gccds are liable to be sold by public auction:

Proviclrcl that. where all the rates and charges payable under this Act i!t respect of arly S L L C ~ goo(1s have been paicl, 110 notice of rcmovnl shall be so served or ~ubl ished under this sub-section unless two t~ lon thd i ave expirect from the date on which the goods were placed in the custody of the Board.

(2) i f such owner or person cloes not comply 1~1th the requisit~on in the notice seir,ed upon hit11 or publishe? under sub-seotion ( I ) , the 13oard may at any time after the expiration of one month from the date on which the notice was so served or published, sell the goocls by public auction after giving notice of the sale in the manner specified in sections 57 and 58.

(3) The Central Goverivnent may, by llotification in the official Gazette, exempt any goods or class of goods from the operation of this seotion. "

157. Amendment of section 59, Madras k c t I1 of 1905.-In sub-section (1) of section 59 of the LIaclras Act, for the -words "The proceeds of every such sale" thd words, figures and letter "The proceeds of every sale under section 56 or section 58A" shall be substituted.

158. Substitution of new sections for sections 6 4 8 and 64B, Madras Act I1 of 1905.-For sections 64A and G4B of the Madras Act, thu Collowing Get-

,. tions shall be substituted, namely:-

. . "64A. Riynlzt o f suruiaors of joint or-seve-ro.1 p a y e e s of securit ias.--(Il N o t ~ ~ ~ ' i t l ~ s t a n c l i i ~ anything in section 45 of the Indian Contract Act, 1873 PX 01 1873),--

(0) &lien any Port Trust security is payable to two or more persons jointly and either or any of them dies, the Port Trust security shall be payable to the survivor or survivors of those persons, and

( b ) when any such security is payable to two or more persons severally and either or any of them dies, the security shall be payable to tho survivor or survivors of those persons or t o the repreeen- t,atives of the deceased or to any of them.

(2) This section shall apply whether such cleath occurred o r owurn before or after the commencement of this Act.

T r u ~ t s and Ports (Ainendmont) 49

in coi~tnined shall affect any claim which any representative of a deceased person may have against the survivor or survivors under or in respect of any security to which sub-section (1) applies.

(4,) For the purposes of this section, a body incorporated under the Indian Companies Act, 1018 (VII of 1913), or the Co-operative Booietim Act, 1912 (I1 of 1912), or any other enactment for the time being in foroe, whether within or without India, relating to the incorporation of assooie- tions of individuals, shall be' deemed to die when it is dissolved.

64B. P o w e ~ of one of two or more joint holders to grant rsceipts.- -Where two or more persons am joint holders of any .Port Trust security, any one of those persons may give nn effectual receipt for any interest or dividend payable in respect of such security, unless notice to the contrary has been given to the Board by any other of the holders.

840. zndcrrs.0msnts to be made on eecurity itself.- No8withsCanding anything in section 15 of the Negotiable Instruments Act, 1881 (XXVI of 1881), no indorsement of a Port Trufit security which is transferable by indorsement shall be valid unless made by the signature of ihe holder bsoribed on the back of the security itself. 1

64D. Zndorser of saourity not liable for amoant 3hereof.-Notwith- standing anything in the Negotiable Instruments Act, 1881 (XXVI of

i i

lt381), a person shall not by reason only of his having indorsed any Porb Trust security be liable to pay any money due either as principal or as

i I

interest thereunder. 1 C4E. Zmp~ession of siglzature on securities.-(1) The signature of

the person authorised to sign Port Trust securities on behalf of the 13oard may be printed, engraved or lithographed, or impressed by such other meohanioal prooess a8 the Board may direot. on such seaurities. -

(2) A signature so printed, engraved, lithogrsphed or o&envhe Im- pressed shall be as valid as if it had been inscribed in the proper handwriting of the person so authorieed.

64F. Issue of duplicate sscuritte8.-(1) When any Po& TrusC ~ e c u r i t ~ - is alleged to have been lost, stolen or destroyed either wholly or fn part, and a person ola+s to be the person b whom but for the lose,. theft or destruction it would be payable, he may, 011 application to the Board, and on producing proof to its satisfacthn of the loss, theft or destruction and of the justice of the clsim and on payment of the presoribed fee, if any, obtain from the Board an order for- --

(a) the payment of- ilfterest, in respect of the security said to be lost, stolen or destroyed pending the issue of a duplicate securitg 6md

( b ) the issue of a duplicate seourity pay~ble to the applicant. (21 An order shall not be passed under sub-section (I) until after the

issue of the prescribed noZification of the loss, theft or destmotion. (8) A list of the seourities in respeot of whioh an oxder is paseed under

sub-section (I) sha!l be ~ublished in the prescribed manner. (4) If at any time before the Board becomes discharged under the

provisions of this Aot from liability in respeot of sliy 6ecurity tho whole of which Is allege& to have been lost, stolen or destroyed, suoh security if found, any order passed in respect thereof under this section shall he oanaelled.

64G. Issue of converted, stc., securities.-(1) The Board may, rubject to such conditions as may be prescribed, on the application of a 3erson claiming to be entitled to a Port Trust security or securitiee, on I

M. of Law.

Port Trust6 and Ports (Amendment) [AUT xx Y

being satisfied of the 'justice of the claim and on delivery of the seouritg or securities receipted in the prescribed manner and on payment of the prescribed fee, if any, convert; consolidate or sub-divide the security or securities, and issue to the applicant a new security or securities accordingly.

(9) The oonverrion, consolidation or sub-'dfvi~ion rbferre'8 ab in sub- section (1) may be intd a security or securities of the salne or different alassea or of ' the same or dgerenti Ioms.

/ 6dH. Disahtarge in oertGn oaaen.~Notwithstanding asthing h EIW-

tlion 10 of $he Indim Limitation Acfi 1908 (IX of 1908)- . .

(i) on payment of the amount due on a Port Trust. security 05

or after the d ~ t e on whieh payment beaomofl due, or . ( i i) when a duplict$e security he* been issued un'der seobion @F,

. or. (iii) when a new security or securities has or have been iesued

upon coavsrslon, ooneolidation or sub-division under section' . S4G, the Board shall be discharged from all iiability in respect of the security or 80~11rities SO paid .or in place of which a duplicate or new security or securities has or have been issued-

(a) in the cise of payment-after the lapse of six years from the-. date on which payment was due;

( b ) in the case of a duplicate security-rsfter'the lapse of air y e s ~ &om tho d ~ i e of the publicdion under sub,sectioq (3) of se6bioa 61'B of the list in wl~ich the security is first mentioned or from the date of the last payment of interest .on the original security, whir:hover d.& is laf&r;;

(o) in the case of a n0w security issued upon conversion, oonsoli- dation or sub-division-after the lgpse of six years from the date of Ohe iesuo thereof. MI. Power to. make ru.le8.-(1) The Board may from time t o , t h e

, 'make rules to provide for all or any of. the following i~iatters, namely :- (a) the pareon, if any,, bvthorised to sign, the mode of afiixing the

carporate seal and, of attestation of doculnenfs relating to Port Trust securities ;

(b) -the manner in which payment of interest. in respect of Port 'SruaL aecuri+ies is to .be mide and acknowledged;

(c) the circumstances and the manner in which Port Trust securities may be renewed;

(4 the oircurns$&&ces in which such securities musQ be renewea before further payment of interest thereon can be claime'd;

( 6 ) the f o m h which seouritiea aeliverea for renewal, mnver- sion, ccjnsolidation or sub~division are to be receigitjed;

( f ) the proof r,vhich is to be produced by persons applying for auptioate securitie~-;

- - ' '(9) 6he .form and m*nner of publication of the nohifieation mentione'cl in sub-section (2) of section 64F and the manner of publica ti011 of the list lnentionell in sub-section (3) of tha,t section;

'(6) the nature and amount of indemnity to be. given by a person applying for the payment of in$eres€ on Po& Trusf seouritiss eUa to have been whoI1-y or pilrtly lost. stolen or dest~oyed, or for the i of duplicate. Port Trust. sec.urities;

r0 +he. wn'ditions subjeog tb which Port Trust, s e o ~ r i t i ~ nlary b; QOnve+d, (~,~aoliidated or sub-divideg;

(j) the amounts for which stock certificates inay be issued; (k) genesally, all mrittere oonnstsd with $he gr;rsnd of duplicabp

renewed, converted, consolidated and sub-divided securities; (1) $he fees to be paid i n respect of tbs isaue of duplicate seouPi-

&iea and of &e renewal, convewion, consolida4ion and sub-.&vision of Port Trust securities;

(nz) the fees to be levied in respect of the issue of stock certlfi- cates. (2) The power to make rules under sub-section (1) is subject to thc

fo&lowing wnditione : - (a) A draft of the rules shall be publiehed in two coi~secutivo

issues of the Official Gazetto. (6) The same shall have no effect until approved by the Ccntral

Government and until such approval has also been published in the Oacial Gazette and no rule shall be applroved by the Central Gover11- mont until fourteen days have expired from the date on which the sttme had been first published id the Official Gazette of the State.

(c) The Central Government may ab any t h e by notification cancel any rule published _under the provisions of this sectizn.

OQJ. Lirnitation of clairna agaznst sinking fund t~us tees in respect of securities issued by the Hoard.-Notwithstancling anything contained in the lndian Limitation Act, 1908 (IX of 1908), no claim shall lie against the trustees of the sinking fund in respecti of any security issued by the Board after the lapse of six ycars from the earliest date on which demand could have been made for the payment of the amouilt due on such security."

159. Amendment of section 68, Madras Act I1 of 1905.-In section 68 of the Madrqs Act, for the words "may apply any sums" the words "m&y, with the previous sanction of the Central Goveli~ment, apply ally sums out of moneys which may come into its hands uncler the provisions of this Act and" shall be eubstituted.

160. Amendment of section 90, Madras Act II of 1905.-In sub-section (I) of eaotion 70 of the Madras Act, for the words "in securities of the Central 3overnment or in Port Trust securities" the words "in public seourities or in ,uch obhar securities as the Ceiitral Government may approve in this behalf" ,hall be substituted.

161. Amendment' of section 91, Madras Act EE of 1905.-Section 71 of the Madras Act shall be renumbered as sub-section (1) thereof, and-

(a) in the said sub-section-- (3 f o ~ the words "currenb value" the words "current mtuket value"

shall be substituted, (ii) the words "unless the Central Government specifically sanc-

tions a gradual resdjustment" shall be added a t the end; and ( b ) after the said sub-section M so renumbered, tshe following sub-

eection shall be inserted, namely : - "(2) If the cash and the current market value of the securities a t t he

: credit of the sinking fund are in excess of the amount which should be a t its credit, the Accountant General shall certify the amount of this excess and the Board mag:, with the previous sanction of the Cent,ral aovernment,--

(a) withdraw the whole br any part of the certified excess, in whiah case _the Trusteee in whoa6 nmes the si.lilring fund 1s

P o ~ t Trusts and Ports (An~endment)

Invested under sub-section < ( I ) of section 70 shall forthwith trtlnefer securities of the requisite current maxket value, or cash and 8eow-i- ties of the requisite currenti market value, to the Board; or

(b) reduce or discontinue the half-yearly contributions to the sinlring fund required under section 69; or

(c) adopt a combi~ation of these measures:"

162. Insertion of new section 72A in Madras Act I1 Of 1905.-After section 72 of the Madras Act, the following section shall be inserted, namely :-

"72A. P O W ~ of Head to borrow by means of atempo~ary ove~draft or otherwise.--Notwithstanding anything contained in this Act, the Board may borrow moneys by means of temporary overdraft or otl~crwise by pledging the securities held by the Board in its reserve funds 01. on the security of the fixed deposits of the Board in its banks:

Provided that such temporary overdrafts or other loans- (a) shall not at any time have a longer currency than six months;

and ( b ) shall not be taken without the previous sanction of the Central

Government, if a t any time ic any year the amount of such overdraft8 or other loans exceeds ten lakhs of rupees:

Provided further that all moneys so borrowed by temporary overdraft or otherwise shall be expended for the purposes of this Act."

163. Amendment of section '14, Madm Act I1 of 1905.-In section 74 of the Madras Act,--

(a) for the word and figures :'section 94" the words, brackets, figure8 and letter "sub-section (5b) of section 36 of the Indian Ports Act, 1909 (XV of 1908)" shall be substitllted;

( b ) after clause (6), the following clauses shdl be inserted, namely:- " ( 6 a ) the payment of such sums as may from time to time bb

agreed upon by the Central Government and the State Government or by the Board and the State Govelnment as a reasonable contribution on account of expenses in connection with the watch and ward functions of the harbour police and the police employed for guarding &me, docks, warehouses aud other property of the Board;

(6b) any other charge n~hich may on the application of the Board be specially sanctioned by the Central Government or for which the Board may be legally liable ;".

164. Amendment of section 7 4 4 Madras Act I1 of 1905.-In sub-seciion (2) of sec*ioh 74A of the Madras Act, for the words "in the securities of the Contra1 Government or in Port Trust Securities" the words "in public securitias or in suoh other securities as the Central Government may upprove in thie behalf" shall be substituted.

166. Insertion Of new f3ectIona 74B and 740 in Madras Act TI of 1905.- After s e c ~ o n 74.4 of the Rladras Act, the following sections shall be inserted, aamely : -

'74B. Boa7-d may invest in its own soouritios,--(1) For the purposes of nny investment which the Board is authorised to make by this Act, it.shal1 be lawful for the Board to reserve and set apart any securities to be issued by it on account of any loan to which the consent of the Central Government has been given, provided that the intention to so reserve and set apart such securities shall have been notified as a condition to the islsue of the loan.

-

ok 1g51] Port Trthati and Ports (Ainsledmont) 213 a _ h

(2) The issue of any such s e c ~ t i e s direct to, gad in the name oi "The Trustees of the Port of Madras" shall not operate to extiliguish or cancel suoh securities, but. every security so issued shall be valid in all respects as if issued to, and in the name of, any other person.

(3) The purchase by the Board or the transfer, assigrimel~t or indorsement to the Trustees of the sinking fund or the Board, of any security issued by the Board, shall not operate to extinguish,or cancel aqy such security, but the same shall be valid and negotiable in the same manner and to t%e same extent as if held by, or transferred, assigned or indorsed to, any other' person.

(4) All securities of the Board heretofore purchased by, issued, transferred or assigned to, or indorsed into the names of the Trustees of the Port of Madras or any person on their behalf, and all securities heretofore issued by wag of renewal, consolidation or sub-division of any such securities, shall be and shall be deemed to have always been valid and negotiable in all respects and in the salna manner and to the same extent as if held by, or issued, transferred, as~igned or indorsed to any other person.

74C. Power to ttan.sfer mo?LeyP f~0m t h s genetal account to the pilOt~g0 account and vice versa.-The Board may, with the previous sanction of the Central Government, apply any sum out of the moneys credited to the gerieral account of the Port towards meeting deficits, if any, in the pilotage account of the Port maintained under section 30 of the Indian Ports Act, 1908 (XV of 19081, or t rx l s fe~ the whole or any part of any surplus funds in such pilotago account to the general account of the Port.'

166. Amendmknt d section 75, &&If& Act I1 d 1905.-section 45 of the AcL shall be renunlbered as sub-section (1) thereof and to the said

( ction as so renurnbercd, the foliowing sub-section shell be added, namely:- \

" (2 ) Nothing i~ sub-section (1) shrsll require further sanction of the Central Government in the case where the aotual expenditure inourred as a charge to cepitnl exceeds the expenditure sanotioned in this behalf by the Central Gove:*nment unless 6he excess is more than ten per cent. of the expenditure so sanctioned. "

167. Amendment of section 76, Xadras Ast XI of 1906.-In section 76 of I Madras Act,-

(a) for the words "two thousand rupees" the words "ten thousad tupees" shall be subatiijuted:

( b ) for the words "fifty thousand rupees" the words " b o l&s 06 rupees" shall be subst~tuted;

I ( c ) the following pl*oviso ehnil be added at the end, namely :-

"Provided that where the estimated cost of any new work or appliance has been sanctioned by the Central Government, no expenditure whioh exceeds by more than tea per oent. the eat imam cosg so sanctioned shill be incurred by the Board without the previous sanction of the Central Governlnent."

168. Insertion of new section 768 in BXadPas Aet II of 1906.-Aft& seotioa 3f thu Mndraq Act, the following eection shall be i n s e h d , namely:-

"76A. Powers of C h a i ~ m a n ae t o emcut ion of ?~otk8.-NotwithsCandin~ anything contained in section 76, the ahairman may &ect the exeoution of s;ng work the cost of which db$s riot B x o d five thousand rupees, ~d

1 of any such directions given or contracts entered into by him."

169. Repeal 01 sections 77 and 78, as Act 11 Of 1905.-Sections 7: a11d 78 of the Madras Act are hereby repealed.

- 170. '~mkndment of section 79, Madras Act I1 of 1905.-In section 79 of Bhc Madras Act, for the words "by such auditors as shall, from time to time be appointed by the Central Government" the words "by the Comptroller an( Auditor-Qeneral of India at such tiines and in such manner as may be deter mined by him." shall be substituted.

%

171. Insertion of new section 80A in Xadras Act I1 of 1905.-After sectio~ 80 of the Madras Act, tMe following. section shall be inserted, namely:-

"80A. Board to remedy dafects and irregula~ities pointed out i n tht audit r8pol.t and\ C e l z t ~ d Governme?zt to pass final orders.--(1) The Boarc . shall forthwith take into consideration any defects or irregularities that ma: be pointed out by the auditors in their report and shall pass such ordort thereoil as the Roard may think fit and shall also send a report of thl raotion talien by the Board to the Central Government.

(8) If there is a difference of opinion between the Bsp~rd and thc auditors on any point included in tho audit. report and the Board fee unable to accept the recommendation, if any, made ,by the auditors 01

' such point, tha matter shall forthwith be referred to the Central Govzrn ment who shdl pass f inal orders thereon and the Board shall be bound t give effect to such orders.'

1'72. hendment 'of section 81, Nadras Act I1 of 1905.-In eecbion 81 of th, Madras Act, for the words "The Auditors" 6he words "ThB Comptroller an( -Auditor-Qoneral of India" shall be substituted.

I -

173. Amendment sf section 82, Madras Act I1 of 1805.-In section 82 o the Madras Act, for the words "in such form" the words "in such detail an: form" shall bo substituted.

174. Insertion of new sections 86A, 86B and 866 in Madras Aot I1 a 1905.-After section 86 of the Madras Act, the following sections shall b' inserted, namely : -

"86A. Re-appropriation of amounts i n _e_sti?ate.-Subject to an! directions which the Central Government may give i ? ? G l i i i l f ; - ~ n i i u n of money, or part, 6hereof, of which the expenditure has been authorisec in an estimate for the Bime being in force, finally approved by thq Centrs Uovesument a d which has not been so spent, may at any time. be ret appropriated by the Board to meet any excess in any other expendituri authorised in the said estiinate :

Provided that no such re-appro1,riation slzall be made from one majq head of expenditure to anotlhcr such head without the previous sanctio~ of the Central Governmant.

86B. Submission of acsour~ls to the C e n t ~ a l Gove~?tment.-(I) . The Roard shn l l nnuudly, or sfteller if directed by the Central Governmant sc: to do, submit statements of its receipts and disbursements to the Centri Cfovernment in such form and a t such time as that Government maj direct. 1

(a) A' copy of all sdch statements shall be open to the idspection 0; the public at tbe office of the Board during office hours on payment of sucfi fee for each inspection as may from time to time bd fixed by the fioard,

lQal] Port Trusts awd Ports (Amendment)

85C. N o ezpcnditure above five tlzousnnd rupees t o be incurred unless eunclzoned in estimate.-(1) Subject to the provisions of section 86A, no s u d exceeding five thousand rupees shall, save in cases of p-ressing emergency, be expended by, or on- behalf of, the Boa.rd unless such sum is included' in some estimnte at t h e tixne in force which ha,s been finally ~pproved by t h e Central. Government,

(2) l f any sum- exceeding five thousand rupees in a m o m ~ t is so expended on a pressing emergency, the circumstances ghall be f~rthhwith

\reported by the Chairman to the Ceiltral Government together with an explanation pf the wag ir; which it is proposed by the Boa,rd to cover such extra expenditure.. "

175:~mendment of ts&cticm 87, Madras Act Il of 1905.-In the p?oPiso section 87 of the Madras Act, for the words ''fifty thousand rupees" tho :ds "two lakhsof rupees" sha.11 be substituted. 176. Substitution oi new section for section 88, Mad'ras Act I1 of 1905.- ..

section 88 o f the Madras Act8, the following section shall be substituted, lely : - . ~

"89. POU\~CPT of Clza.irman as t o colz-lracts.-The Chairman may, on , behalf of the Boa.@d, enter into,any contract or-agreement whereof the value or amount sl1a11 not sxceed five thousand rupees, in such manner a.nd form as, according to the law for ' the time being in force, wol~ld bind him if such contract or agreement were on his OWE behalf; but every otller contract and agreement on . behalf of the Board shall be . i n writing, and shall be signed by the Chairman and by two ohher Trustees ~.

and shall be sea.led milli the, commorr s e a l of the Board. No contract or' 'agreement not eseputecl as is in this section provided shnll be binding on ' the Zloard." .77. Amendment of section 89, Madras Act EE of 1905.-'1'6 section. 83 of Madl\as Act, the foUo~~-ing proviso s h d l 'be arlded, namely :-

'

"I'rovided that no settslerr:ent shall be m::lde under this section without the previous sanction of the Central Goveixment if such . settlement iilvolves the paynleiit by the Board of a sum exceeding twent~y-iive thousand

. . . , .$~.

rupees." e .78. Insertfsn of a new section 89A in Madras Act 19 of 1906.-IW Chapter after section 89 of ' the Ma,dra-s Act., the following section spill be'inserted, eljr : .-- . .

. .

"898 TVriting off of lossas.--(l) Subject to such conditions as may be specified blp the Central Governmc+at, where the Boi~rd is of opinion. that any trnlount due t:o, or any loss, qcl~etl~er of money or .of property, incurred 6'y the :Boa.rd is k~ecoverable, the Board may, with the previous approval of the Central Go~ernment , snnction the writing off finally of the said amount or loss:

Provicled that no such ~~~pro . i ra l of the Central Government shall 'be necessary where such irrecovernlsle amouilt or loss does not exceed, in any individual case, $yo 'clloussnd aad.fi~7.e hundred rupees or, in the aggregate i n any one year, fifty thousand rupees.

(2) Notrvithstanding anything coiltained in sub-section ( I ) , where the Chairmall is of opinion that any amount d11e .to, or any loss, vhether of molley or of prope~ity i?lcurred by, tbc: l3oard . i~ irrecoverable, t,he Chairman blnlay sanct-ion thc nrriting off fin311)~ of S L : L C ~ ~ ~n10ullt or lo~s,+~)rovided th2;t such amoun t or loss doeg noti exceed, in any iud.ividua1 case, five huliilred rupees or, i n the aggregate in any one year, t e n thousand rupees; a.nd in every such case thc Chairman sha,ll nmal~e a m p d to the Ronrd giving reasons for such sanction. "

Port Trusts and Port8 (Amend'mgnt.) [ A ~ T X q

178. Amendment of motion 90, Madras, Act I1 of 1905.-In section 90 of the Madras Act, the words "and all fees for pilotage shall'be paid to the Board" shall be omitti&

180. Repeal of sections 9% and 94, MixIra8 Act I1 of 1905.-Sections 93 sod 94 of the Madras Act are hereby repe~led.

' 181.- Sub~titution ojf new section for section 96, Madras Act I1 of 1905.-For seotion 96 of the Madras Act, the follcwing section shall be substituted. namely : -

, "96. Approval and publication of bye-laws.-(1) No bye-law OK

alteration or revocation of a bye-law shall have effect until the same has bcen npprored 11y the Celltral Govemmen6.

(2) No bye-law or alteration or r~yooation of, a bye-law shall be approved by the Central Government unti! the same has been published for two weelis successively in the Official Gazette and until fourteen days have expired from t!he date on which the same had been first published in

" that Gazette." 182. Substitution of new section for section 101, Fdadras Act I1 of 1905.-

For seation 101 of the Madras Act, the following section shall be substituted. n'amely : -

"101. Pe,rsows ewzployed undor this Act to be public serqants /or certain purpose8.-Every person employed under this Act shall, for the purposes of sections 181 to 171 (both inolusive), 184, 185 and 409 of the Indian Penal Code (Act XLV of 1860) and for the purposes of the Prevention of Corruptio~l Act, 1947 (I1 of 1947\, be deemed to be a public servant within the meaning of section 21 of the said Code."

183. Alnendment of section 105, X a d r a ~ Act I1 of 1905.-In section 105 of the M a d r ~ s Act, for the words "and the said sum shall, 011 the application of the Bo:ird." the following shall be ~ubstituted, namely:-

"& where any employee ol: the Board has, subject to such conditions as may be laid down by the Board, been generally or specially authorised by the Board in this behalf by such employee, and tho said sxm shall on application by or on behalf of the Board."

184. Insertion of new sectim 109A in Mabras Act 11 of 1905.After section 108 of tb5 AIadrss Act, the f d d n g sectjon eha!l be inserted, namely :-

"109A. Applicution of certain proaisions' of the Act to aircraft.-The provisions of sections 36, 39, 42, 43, 60, 61, 62, 95, 106, 107 and 111 shall, apply in relation to all aircl.nft, ~nalcing use of the P o ~ t v hile on water as they apply in relation to vessels."

185. Insertfan of new sections llZA and l l l B in Madras Act, I1 of 1905.- After section 111 of the Madras Act, the following sections shall be inserted, na.mely : --

"111A. Power to evict certain persons from the premises of the Hoarck.-(I) Notwithstanding anything contained in any other law, if the Board in exercise of the powers conferred on it bv regulations made under this Act cancel the allotment of any premises made to eny emplogoa of the Board, the Board may, by tlolice in writing, order such allottee or any other person bvl~o map be in occupation of the whole or any part of the premises to vacate t8hem and deliver t-he same tc~ the Board or a person appointed by the Boqrd in that behalf within such period as may be specified in the notice.

~splanafion.- or the purposes of this section, "premises" mane snv building or part of a building and includes-

(9 the gardens, grol~nds and outhouses, if any, appertaining to suoh building or pad of a building;

. . . . ,.- > .

Port Trusts Ports (dmend'ffent) rJ I &. . . - - (ii) any fittings affixed to such buildiag or part of a buildiug for

the rnore beneficial enjoyment thereof; and

(iii) any furiiture, books or other things belonging to the Board and found in such building or part ,of a building.

(2) If any allottee or other pefson ~efuses or fails io cor~ply with an order made under sub-section ( l ) , any presidency-xagistrate or magistrate of the first class may, oil application made by or on behalf of the Board, orde: any police offioer, with proper assistance, to enter into the prelnises and evict any person from, and fakc possessioil of, the premises and to delivw tho sam? to the Board or a person appointed by the Board ill thah behalf and the police offi~er may, for that purpose, use such force as may be necessary.

(3) A ~ Y such notice as is referrad to in sub-section (1) mag be served- (a) by delivering or tendering it to the allottee o i ally other per-

son wlia may be in occupaticcll of tlie whole or any part ok t& pl.emises,

( b ) if it cannot be so delivered or tendered, by affixiiig it c.11 the outer door or some other conspicuous part of the premises, or

(c) by registered posh.

111B. Annual adminbtratio.n, repol-t of tho Port.-As soon as may be after the first day of April in evely pear arld not Jater than such elate as may be fixed in this behalf by the Central Government, the Board shall snbmit to the Central Governnlent a detailed report of the adnliriistration of llie Port during the precedil~g ywr e11clG3~ 01) the thrt,y fis::t day of IIarch in such form as the Central Government may clisect."

,

186. Amendment sf section 112, Madras Act P I of 1905.-In section 112 of the Madras Act, for the words "as may be called for by the Central Govgrn- men6 for the pu i -p~s~s of this Act" the wvwds "relnting to the worlr of the Buard ui~cler this Act as mag, frorn tinie to time, be called for by the Central ~ove r t ime~ i t " shall be substituted.

187. Substitution of new section for section 118, X a d w Act 'PI 01 1901.- For section 113 of the Madras Act, the following sestion shall be substifuted, lamely :-

"113. Power to supersede tlio Boazd.-(1) I f , at any time, tbe Central Ciovarnrnent is of opinion- -

(a) that on account of a grave emergency, the Board are unable to perfdrm the duties imposed on them by or under the provisions cf this Act or of any other law, or

(6) that the B o a ~ d have persistently made default in the performance of the duties imposed upon them by or under the provisions of this Act or of any other law and as a result of such default, the financial position of the Board or t h e administration of the Pol-t has greatly deteriorated,

t!~t: Central Government may, by notification in the Official Gazette, slyer- sedt> the Board for such period, not exceeding six months a t a time, as may be specified in the notificatioii:

Pmvided that I,efore issuing $1 notification under this sub-section for reasoils mentioned in clause (b) , the Central Government shall give a reasonable time of not less than three months to the Board to show cituse +hy the Board should not be superseded and shall consider the explana- tions and objections. if any, of the Board.

k6 &I of Law.

AOT

(8) Upon the publication of a notification under sub-eeotion (I) eupor- seding the Board the following consequences shall ensue : -

(a) ell the Trustees shall, as from the date of supersession, vacate their offices a5 such Trustees;

(b) all bhe powers and duties which may, by or under the provisions of this Act, w of any other law, be axerci~ed or performed by or on behalf of the Board, shall until the E w d are reconstituted ynder clause ( b ) or clause (c) of sub-seotion (3) be exemised and per!ormed by sueh person or persons as the Central Gotfernment May dire&;

(c) all properby vested in the Board shall, until the Board are reconstituted under clause (b) or clause (c) of sub-seetion (3) vest in the Central Goverinnenb.

(3) Onhhe expiration of the period of supersession sgcoified in . the notification issued under sub-seetion (I), the Centrd Government may--

(a) extend the period of supersemion for such further t.enn, no6 exceeding six months, a , ~ it may consider necessary, or

( 6 ) reconstitute the Bo,ard by fresh appointment and fresh election, and in such wse, any persons wh racated their offices under d a m e (a), of sub-section (2) shall not be dgmed disqufilified for appointment or election, aa the case may (be, OP

, (c) reconstitute the Board by appointment only for such period as it may consider necessaq and in such a o w , the persons who.vs~aE@d their &ices under clause (a) of sub-section (9) shall not be deemed diequalified for such app3intment rrierelg because they were Trustees when 'the Board p a s superseded : Provided that the Central GovernmenC may at any time m o r e the

expiration of the period of cupersessiou, whether as originally specified under sub-section (11) or as extended under this sub-section, Cake acbion under dause ( b ) or clause (o) of this sub-section.

(4) The Central Governmept shall causo a notification issued under sub-section (1) and a full report of any action taken under this section and the cimumstances leading te such action to be laid bef~rb~P?rliament ati the earliest possible opportunity. "

CHAPTER V AMENDMENT OF Aar xv op i908

188. Amendment of section 3, Act XV of 1908.-1n sedion 8 of the Inaim Ports Act, 1908 (hereinafter in this Chraptcr referred to as the port^ Aot),-

(a) in olsuse (R),- (i) d te r the w.ords "any vessel" the words "or any aircraff making

use of my port" shall be inserted ; (ii) after the words "harbour master," tha words "of Che port"

shdl be inmrted; 9

(iiq the words "or t h aircraft, as f h ~ caw may be" shall be added ab th'e end; (b) in clause (Y), after %he ward "conveyance" the word ''mainly"

, shd l be inserted.

189. Amendment of section 6, Act XV of 1908.-In clause (k) of 'sub-sea- fion (I) of section 6 of the Po& Aot, for the word8 "paseenger cles~ols" the

- word "vessals" shall be substituted.

190. Amendment of section 35, Act XV of 1888.-1'0 section 35 of the Ports Act, the following sub-section shall be added, namely:-

: ' ' ( 3 ) .~he Govemrnnnt~mey, in special cases, remit the whole or any portion of the fees chargsable under sub-section (1) or sub-~estion (2)."

191. Amendment of section 36, Act XV of 1908.-In seokion 36 of the 40b,-7

(1) to sub-section (21, the following proviso shall be added, namely:- 1 - 4 "Pi-ovidea, thab 'the port fund account for any.- port; ma>:, if so

, . , authol-ised under'! the pm17isions of n.qy Act rda.ting &o- such port, be 1 , 'merged with the genralaeMunti of that port; in fiueh: L:.CBBB, th6 I ; p,mviaiops of sub-section (6) shall not apply end the' .pw,yisicms of

. . . . . sub-sec.kions (4) and-, (6) &all have. effect a.s i f for the w d s . “the pi& :

. .. . . fund scc6unt of the port!' themin, the w0rd.s ,"Cha generaL.; aocgu~$ , : ' of tdze porti" had been, substi~uted. "; , . ' (8) for dause(ca) of sub-s,eotion (4), the following clause shaH.'be substi-

' Bufed; n-ely : ;-- . . . .! . , . . , '.. .!

"(&) fines &her t-han those creditable to pilptag~'account of .. Gha port under sub-~eotion (6a) ",; , . 1:

sub-seotion (b),.tho followiug sub-seotions shall de inserbed,

"(Sa) All fees c h a ~ ~ e d f&. pilotage at any poi$ subj&t: to this ,hot I - and all fines and.penaltiies levied under the Act or under any other I

Act relating fo the port f r m pilots or other persons employed in bhe pilot service other than fines and penalties imposcd by a court, shall . ,

. . be c~edited to a disthict account to be called tho ~ilobage accounf) of -

the port.. , i

(Qb) All sums 60 credited to the pil,otage ancount m a y be &p$l-ied, in such pi*oportions as the. Government may from time to time direot, to the following purposes, namely : - . . .

(a) tho purchaee nllh maintenance in repair of such vessels, end the supply of such materials, atores or other things as the ofBoer or body app&nted under sub-section (1) may ,deem ,

it necessary to purchase, mttintain or supply for the effimency of the pilot service;

( b ) the pqrnent of the salaries, wages and allowances of pilots a i d ot.her persons employed in the pilot sewica or in the supervi~ion thereof ;

( c ) the paymont of pensions, retiring gratuities, compassiomte allowances or bonpsos to pilots and other persons engaged in Ohe pilot service, and of the cantributions, if any, dul authorimd to E be made in their behalf to any prouid/ent fund or we me fund;

(d) the payment, of pensions, gratuities and mmy~ssiomGe dlowances granted by tho officer or body appointed under sub- section (1 ) to pilots ~ n d other persons engaged in the pilot service who hevo been injured in the execution of their duty end ta &e surviving relatives of pilots rand other persons SO engqed who .

hmve bean killed in the execution of their dhty or who m y d3e wQb still in the service 09 such oPRcer or b a y ;

. ..

r i T w s ! ~ ,Pol.t,s (A.nzslirdmsnt) . . . . ~ ~ ~ , -[AOT V X V

. . ( 0 ) the provision of educational, recreational add -other ameni-

ties for #pilots and- other : pereons .employed in $he pilbt aehice;

V) the pa&&lit ofcontributions or appr6priat;ons . to sngr . . -:-special fund or funds established under the pr~visions of any other

Aet relating. to the port to which t h e officer, or body .appointed under. sub_-secti,m (I) considers contributiorls , or appropriations s o u l d be m3de from 'the pilotage s~.count; . ,

re- which may, with the previous. nt, be incurred' in respect of the pilog

. -

(50) I f th8 officer o r body illtcd under sub-section (1 a t any port is also the autl~ority responsi e for maintaining the. genera, 1 account d the port, tllen'notwitl~stancling tlie ibsence of ally .p~ovisioi~ in--that behalf in the Act under which such general account isxnaint.aiaed, auch. oRmr or 'body may, with t h e previous sanction of t.he ' Government,

: %pplj any sum out of tlie monciys credited t.0 sllch general nccount: tpwaxds. meeting deficits, if any, in, the pilotage account of t h e port, o r traufifer the mbole or any part of any surplus funds, in tho- pilotage.

- . account to the general. account of the port. " ; ~

>port fund account" the words

Act XV of 1908.-~ftcr' section 68B of ving section s h ~ l l be insel!ed, namely:-

"fi8C. Appliccttion o f csrttsin p~ovisz'o~ts of % h e - Act t o n k ~ n f t . - - ( I ) ~ h t l

sive), 18, 21 and 28, sub- , 35, 39, 42 to 48 (.both in. all aircraft "making ur;e of an!

n water as they apply in relation t c

(2) No such aircraft shall enter or lea,ve any port subject'to this Act. except with the permissiorl granted by the Conservator of the P o r t or bz such otLher ofher as may be authorised ill- this behalf by t h e Conserviltor.";

. .

: ' CIXAPTER V I

A~IENDMENT. OF ACT XXXIII OF 1948 - '

. ' 193. Sub~titution d new section 7, Act XXXII of 1948.-For section j of t h o Calcutta. Port (Pilotage) Act, 1948 (hereinafter in this Chapler rofene to as the Pilotage Act), the following section. shall be substituted, aamely:-- j .

"7. Pilotage fees and fines and penalties lewied u n d e r tire dct.--- All fees for pilotage and all fines -and penalties levieci under.-this Act f ~ o n

, ,pilo$s, or other persoris cmploged in the pilot service, except, tinos ad1 pe~,lties imposed by a court, shall be aocounted for and expcndtid by tk$ Cogpissioners jn accordance with the provisions of section 36 of the lnd ia Pdrt's Act, 1908 (XV of 19(h9)."

48.-Se0tion 8 of the ~ i l o t n i . .

of 1948.-1n section 9 of $( - .-

the words !'any sum oat. of" shall :! .. ,.

" the words, figures, brack6j tion 36 of the Indian Ports -4ct, 19:C

, .,: . . . .

I (ii) in tho entry relating to t l ~ United Provinces General clauses Act'. : 1904,~ the words and figures: "the Agra Tenancy Act, ,1901 and" occurria

. , -ind$he fourth column shsll be omitted, '

. . . , .

, . . . -

. .

j . .

,*' > t .= . 2. SD much of the area inclyded in t 'I - dj~trictk; (,sadijs Frofitier Tract) as is co khe point ,498 at Dipa in a straight lin with a;-nameless stream about

- Todb Xorong rivers; thence in a -$obds~h the Kobo-Pasighac road; the df -Siilbkri and Gango -rivers ; thence a to its junction %ith the Dibang river ; ence of Hazingaagi witl~_Rundil river

. of th:,-$undil r i y~ r ) ; then$e in a s t bank, of $he Ti$-Balijan river (abou HLh f4;lidi with Balfjan);.thence

to ijs'ionfluencb wi$:the Lo and down its left bank to Noa Dihing M %be Nos, Dihing. river. to its confluence. wi ?PeBt bahk of the Ijirak river-to. where' i t Sadiya Frontier Tract and the

&hem bounditry of. $he 1. - , "btQ%.@V (. , p

r-CC77-. -;- ----- ' 3 b

i

> (i

OF 19511

3. So much of the area included iraq .Frontier Traci as I s - comprised within the line &awn from n ~ e of the Xoria Pani and the 13urhi Dihing rive& up the right b Borhi, Dlhiug river Lo Lke cor~fluence of the Namphuk and the bank of the Namchik river to river; thepee up the Xathang H k m a ; thence up' the Lakha Hka t 894; thence in a south-westerly originates from point 894, to its j the left, bank of the Tirap river t

, Lllngokan Tange; thence duc westerly direction down the I< 'Iipang river: thence dgwn the T thence in a south-westerly di r d g e to the saddle bqtween in a north-wesferly di~ection thrs saddle, to its junction with Likhapani or tream; thence down the Lilrhapani stream to its junction with t h river; thence dowa the Tirap river to its junction with the Burhi rim<; +hence down ' the Burhi Dihing river to i UP the Manmaw J a n and M eastern boundary of the Up western boundary of the the point where it meets

. the'Burhi / Dihing river

-

i

+?

, . I 1

/

- - ' -

i .- - 4

* !

BB it enacted by Parliament as

- 1. Shmt title.-This Act m Act, 1951. '

" ( b ) belonging to, or under the control of, Force; or ",

\ ,

, I

-

, Prdcs anncs 1 Or ?&a. QED-S1-383 M of UW-ll-1-6%-+%000

/

- - - -%-A- __dCL_I__-_ _ - _ _

An Act to giv6 effect to the ~ntern$tional Convention drawn up in \ Geneva on the 30hh day of M , 1929, .for the marking of I weight on heavy packages nsported by sea or inland - 1 water-ways.

[25th June, 1951) '9 BE it enacted by Parliament as fo1loow:-\

I

1. Short title, extent and commenceme t.-(1) This Act may be called the , Marking of. Heavy Packages Act, 1951. t

(12) It extends to the whole of India. f (3) It shall come inta force on such da s the Central Government - may,

by notification in the Official Ganette, ap

2. Definitions.-In this Act, nnless the bontext: otherwise requires,-

(a) "heavy package" means a p age or other object weighing not less than one metric tan, which is e housand kilogrammes or 2204.6 standard pounds or 26.8 stan

( b ) "inland water-way " means a canal, river, lalre or other, navigable water in India,

3, Obligation to mark weight on hea packages.-Every person consigning a heavy pa~kage for transport by sea or and water-way from any place in Indin shall have marked thereon plain1 urably and conspicuousl~ the gross weight of the packages :

Provided that in cases or circumstan specified by rules made under this Act, where i t is difficult to determine th orrect weight, only the approximate ,

- w,eight may be so marked.

4. Penalty.-(I) If any perscm contr nes the provisions of section 3, he shall be punishable with fine which niay tend to five hundred rupees.

(2) If the person contravening the s ovisions is a colnptlny or other body corporate, every qanaging director, r or secretary thereof shall, unless he; proves that the contravention to without his knowledge or ' that he exercised 811 due diligence to prevent contravention, be deemed to be gnilty of. such contravention.

5. Power to make rules.--The may, 1 ~~ctlfication in tho Official Gazette, make rules-

s .

(a) specifying the cd marking of ' 1 heavy packages, the manner to be used;

' (b) specifying the cases or cir mstances in which the approximate weight of heavy packages instead their correct weight may be masked.

T H E INDUSTRIAL DISPUTES (AMENDMENT AND TEMPORARY PROVISIONS) ACT, 1951. '

No. XL OF 1951 &: J - A ~ GA

p&+Zd /

_________I

An Act further to a.mend the Industriel Disputes Act, 1949, and t o make certain temporary provisions relating t o , pay and allowanoes 2f certain workmen.

[26th June, 19511

BE it enacted 'by Parliament as follows : - 1. Short title.-This Act may be called the Industrial Disputes (Amend- ,

ment and Temporary Provisions) Act, 1951.

2. Interpretation.-All words and expressions used in lhis Act and defined in the Industrial Disputes Act, 1947 (XIV of 1947) shall have the meanings assiped to them in that Act.

8. Amendment of section 7, Act X.IV of 1947.-For sub-sections (2) and (3) of section 7 of the Irldustrial Disputes Act, 1947 (hereinafter referred

t o as the principal Act), the following sub-sections shall be substituted, namely :-

"(2) A Tribunal shall consist of such number of independent members as the appropriate Government may think fit to appoint, and where the Tribunal consists of two or ]nore members, one of them shall be appointed as the Chairman thereof.

(3) Where a Tribunal consists of one member only, that member, and where it consists of two or more members, the Chairman-of the Tribunal, shall be a pcrson who-

(a) is or has been a Judge of a Higb Court; or

(b) is or has been a distriot judge; or

(c) is qualified for appointment as a Judge of a High Court:

Provided 6hat'no appointment uncler this sub-section to a Tribunal shall be made of any person not qualified under clause (a) or clause (h) excep: with the approval 01 the Eigh Court ol the State in which thc Tribunal has, 0.r is .intended to have, its usual seat. -

(4) Where a Tribunal consists of two or more members, every such member (other than the Chairman) sh~bll possess such qualifications as may be prescribed, and where an industrial dispute affecting any banking or insurance company is referred to a Tribunal, o?le of

P'T~CD anna 1 or lsd.

2 Intizisf~ial Disputes (87nelzdnzelzf and 2 ' e~ :~po ra r~ P?ovisions) [ACT XL

such members may'be a person who, in the-opinion d the appropriate Govelenment, has special knowledge of banliing or insurance, as t h e case mlay be.

( 5 ) .A Tribunal, where it corlsists of two or more members, -mag act notwithstanding. the ca.sua-l arid unforeseen absence of the Chair-- man ar any other member, a-lld -hen the Chairman or other member rejoins his office'after such absence, the proceedings may be cciltinued before the Tribunal from the stage at which he so rejoins."

4. Snhstitutim of new section for kactioz 8, Act XIV of 1947.-For ssctioz 8 of the principnl Act, the fc!lowil?g section shall be substituted, namely :-

"8.. Filling of vacci+zcies.-(1) If for any reason a, vacancy occurs in the office of t h e Cllairm2n_or ally othcr. lliembsr of a. Board, the

. - appr(.q~riate Government shall appoint, i11 accordance with the provi- '

. . sip:?; of sub-section (3) of section 5, n~iother person to' fill the vac:.Liicy :)2ncl the proceedings may be contiqued before the Boarcl so reconstitu- l-eclfron. the sta,ge at wbich the vacancy is filled.

. .

(2) If for any reason a vacal-~cy occurs,in the office of the Cheir- lnail OY any other member of a court or Tribunal, the aplxopriate Government shall, in the case of a Chairman, alld may, in the case of any other inember, appoint another independent person, in accordance with the provisions o f section 6 or section 7 , as the case niay be,. to fill the vacancy, and the proceeclihgs m a y be continued before the court or tl1.e Trib~lnal so reconstitut,sd from the stage,at which the vacancy is filled."

5. Amendment of section 9, Ast XIV 0% 1947.-Section 9 of t h e priaci- pal Act shall be re-nunbered as sub-secbion ( I ) thereof arld after sub- section ( l j as so re-n~lrnberecl, the fo!!o~viag sub-section shnll be inserted, namely :-

"(2) Where the report or any settiemcrlt arrived at in the course or' the conciliation proceedings before a Boarcl or the award of a Tribunal consisting of t.wo or Inore members is signed by the Chair- Illan aricl 311 the othe), members of the Board or the Tribunal, as the case may be, 110 such settJement or awarcl shall be illvalid by reason only of the casual and unforeseen absence of any of tlie members (including the Chairman) of the Board or the Tribunal, as the case m:ty be, during any stage of the hearing of the proceeclings."

8. Aslendment of section 13, Act XPV of 1947.-Jn sub-section (5j of section 13 of the principal Act, for the words "of the notice under section 22", t!:e words ''oil- nrhicli the dispute wns referred to it" siiall l;c st:i,sii- tuted.

7, Temporary provisions reiating to ales of pay, etc., of workmen in 1

banking companie3.-(1) No employer in relaition to anv banking company. carrying 011 busi:iesslin ally 1'al.t A Sta,te or the State of Uellii, *Ajmer or? Coorg or tile Ancla,lnan artd Nicoba;r Islailcls shall, save in acc~rclal~ce with i the keyins of any sstlilemer\t arrived at , Or a.11~ awarcl ma,de, under the i Industriai Dispi1t.e~ Act, '1947 (XIV of 19471,- - .

(iz) alter, to the prejudice of any work~nan employed in such \ ballling company, the scale of pay or ra,te of aIlowapces according to i which he has been pa.id, or would, if 11e had been contii~uously em- jlcyed during the month of ? ~ l s ~ ~ c l i , 1951, hnsc becn paid, in respect,

of any monthly, weekly or other period immediately before the 1st -day of April, 1951 ; or

(b ) recover from nay such workman any amount already paid to , him whether hs pay or allowances (in accordance with any scales of

i pay or rakes of nllcwances 1~7'n;ch were applied to him a t any time after the 1st day of February, 1950) on the ground that the workman was not legally entitled to such scales of pay-or rates of allowances. I i

Ezplaization.-For the purposes of this section, "allowances" mean any dearness allowaiice, house-rent allowance, halting allowance, washing allowance, hill allowance, fuel aBowance and officiatiilg allowance (so long

i as the worlrman holds the oficiating appointment) and includes any

I specid pay or allowance paid, to a workman on the gro~ind of special

i quarifications, skill or responsibility attaching to, or required in respect of, his work or ofice and also incllides the special pay or ailowance given

I

t* a

(i) graduates, I

(ii) holders of banking diplomas like C.A.I.I.B. and C.A.1.E ., (iii) comptists, I - (iv) stenogrtphars, - (v) cashiers, (vi) supervisors, (vii) sub-accountants, - (viii) clerks-in-charge, (ixj departmental-in-charge, (x) headclerks, and (xi) certain categories of subordinate staff.

[2) For the removal of doubt.^, it is hereby declared that notwit.hstand-- ing anything conthiwd in any law it shall be lawful to make such retroa- pective adjustment in rela.tion to scales of pay and rates of allowances re-' ..

ferred .to in sub-section (7 ) a s may lse necessary in order to give effect to t!ie.terms of s.ny settlement arrived at or award macle under the lndustrial ~9lspntes Act, 1947 (XIV of 1.947).

8. BecovEry of money due from an employer.-Any money due horn an employer under the provisions of section 7 may be recovered in the saliie nianner as an al-l-ear of lancl reveuue or as a public demand by the appropriate Government either 011 its ovn motion or on an application rrlado to it by the persons entitled to such money.

THE RAJGHAT SAMADHI ACT, 1951. F-

No. XLI OF 1951 * -

An Act: to provide for the administration and control of the Rajghak Samadhi in Dolhi.

[29th June, 19511

]B E. it enacted by Parliament as follows : - I 1. Short title and commencement.-(1) This Act may be called the

t2njgha.t Samadhi Act, 1951. a

- -JL (2) It shall come into force on such date as the Central ..Govenlmenj-, qky, by notification in the Official Gazette, appoint.

2. Definitions.-In this Act,-

(a) "Committee" means the Rajghat Samadhi Committee constituted under this Act;

i 1

( b ) "Samadhi" means the structure built in token of reverence I

for Mahatma Gandhi at Rajghat on the Western bank of the Jamuna \

! in Delhi, and includes the premises described in the Schedule with all buildings contained therein, together with all additions thereto or alterations thereof which may be made after the commencement of l

this Aot.

3. The Rajghat Samadhi Committee.-(I) The administration and con- $rol of the Samadhi shall be vested in a Committee constituted in the manner hereinafter provided.

(2) The Committee shall by the name of "The Rzjghat S-amadhi Com- ,

mittee", be a body corporate and shall have perpetual successioil and a common seal and shall by the said name sue and be sued through its

I Chairman.

4. Composition of the Committee.-(1) The Committee shall consist of the following members, namely :-

(a) the president of the municipal cornnlittee within the l ~ c a i limits of whose jurisdiction the Samadhi is situated. EX-officio;

( b ) three officials nominated by the Central Government;

(c) three non-officials nominated by thr? Central Government;

(d,) two members of Parliament nominated by the Speaker.

Pricc anna 1 or 1Qd.

Bajghat Barnadhi [ AOT XLI OF 1951 ]

(2) The Central Government may appoint any person refeyed to in ub-section (1) or any other person to be the Chairmanof the Committee, nd if any other person is so appointed, he 'shall be deemed to be a ember of the Commiti~e within the meaning of sub-section (1).

(3) All persons nomidated by the Central Government to be mem!bers f the Committee shall hold office during the pleasure of the CentraI

5. Powers and duties of the Committee.-Subject to such rules as may be made under this Act, the powers and duties of the Commitfee shall be-

(a) to administer the affairs of the Samadhi and to keep the Samadhi in proper order and in a s t d e of good repair;

(b ) to organise and regulate periodical functions at the Samadhi; (c) to do suoh other things as may be incidental or conducive tc

the efficient administration of the affairs of the Scimadhi. 6. Power of Uentral Government to make rules.-The Central Govern-

otifioation in the Official Gazette, make rules to carry out, his Act, and to regulate access to the Samadhi or to any

7. Power of Committee to make bye-laws.--(1) The Committee may make bye-laws consistent with this Act and the rules made thereunder for all or any of the following purposss, namely:-

(a) the manner in which meetings of the Committee shall be convened, the quorum for the trmsaction of any busines~ thereat and tho procedure at' such meetings;

(b) the appointment of such persons as may be necessary to assist the Committezin the efficient perfol-mance of its duties and the terms and conditions of service of such employees;.

(c) the duties and powers of the employees of the Committ'ee;

(d) the submission of accounts, returns and reports to the Com- mittee by any of its employees.

(2) All bys-laws. made under this section shall be subject to the condition of previous publication and shall not have effect until they are approved by the- Central Governmen%.

, 8. Validity of acts of Committee not to be queetioned by reason of vacancy, etc-No act or proceeding of the Committee shall be deemed $0 be invdid merely by reason of any vacancy in, or any defect in the oonstitution of, the Committee.

THE SCHEDULE

[See section 2(b ) ]

Th2 Samadhi premises, admeasu~ing 44.35 acres, bounded on the north by a vacant piece of land belonging to the Delhi

Improvement Trugt ; on the south by Power House Road; on the east by the Pawer House; and on the west by Bela Road.

. . . .

GIPD-S1--401 M of Law-11-1-62--4,000 . . - . .. . . . . . .

THE INDIAN MERCHANT SHIPPING (AMENDMENT) ' ACT, 1951.

No. XLII OF 1951

k Act further to amend the Indian Merchant Shipping Act 1923.

[16th July, 19511 I: it enacted by Perliament as follows:- 1. Short title.-This Act may be called the Indian Merchant Shipping riendrnent) Act, 1951. 2. Insertion of new sections 26A and 26B in Act XXI of 1923.-In the ian Merchant Shipping Act, 1923, under the heading "Engagement 3eamen" and before section 27, the following sections shall be inserted, ~ e l y :-

"26A. Medical examination of seamen.-(1) Subject: to the provisions of any rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship unles~ the seaman is in possesoion of a certificate in the prescribed form

granted by the prescribed authoritmy t'o the effect that he is physically fit to be employed in that capacity.

(2) If any person engages or carries to sea any seaman in contravention of sub-section (I), he shall, for each seaman in respect of whom the offence is committed, be liable to a fine which may extend

one hundred rupees. (3) The Central Government may, by notification in the Official

Gazette, make rules for the purpose of giving effect to the provisions of this section, and, in particular and without prejudice to the generality of such power, any rules so made may provide for-

(a) the standard of physical fitness required of seamen, and differeat standards may be laid down in different cases or for different classes of seamen, having regard to the age of the seamen to be examined or the llatule of the duties to be performed by them:

( b ) the nature of the medical examination of seamen, the authorities by which &he examination shall be conducted and the fees payable therefor ; '

(o) the form and contents of medical certificates and the period of their validity;

(d) ,the re-examination by such medical authority as may be ~pecified of persons who have been refused medical certificates

Price anna 1 OT l i d ,

2 Indian A4e~chant Shipping (Amendment) [ACT x ~ i i OB 19511 b

of physical fitness in the first instance and the fees payable for nuch re-examination ;

(e) the circumstances in which or the conditions subject to which any seaman or class of seamen may be exempted from the operation of sub-section (1).

26B. Qutaldficcctione for seamen.-(1) From such date as may be fixed in this behalf by the Csntral Governmnt by notificffition in the Official Gazette, no seaman shall be engaged or carried to sea to work fn any capacity in any ship unless he possesses the prescribed qualifications.

(8) If any person engages or carries to sea any seaman in contravention of sub-section (I), ,he shall, for each seaman in respect cf whom the offence is committed, be liable to a fine which may extend $a one hundred rupees.

(9) The Central Government may, by notification in the Officiai Gazette, make rules for the purpose of giving effect to the provisions of this section, and, in particular and wibhout prejudice to the i generality of such polwe,r, any rules so made may povide- for-

(a) the courses of training to be pursued, or . ,

(b) the vocational standards to be attained, or (c) the tests to be passed,

seamen generally or by &ny class of seamen in parthular."

THE -__-- REPRESEWATION O F THE PEOPbE-- ACT 1951 d 2

No, . XLIlJ .-- OF 195%

ARRANQF,MEI+ OF SECTIONS

,E:CTIONB. 1 i

P@T I 'i

PBEL INAHY + i i

1. Short title. i 1 8. Interpretation. :

,------ I

PAR'^' I1 1

QUAUNOATIONB AND DISQUALJP~CAT~~NS FOR ~ ! ~ ~ M B B R B H I P

c E A P T ~ R 1

Qualificat:o?ae for m e m b rship of Parl iament .

3. Qualificaiions for rnembersh'p 1 of the Council of States.

4. i Qualifications for meinbersh D of the House of the People. \A

Quolifiootiona for Btote L e g i s l a t ~ ~ r c s

5. Qualifications for a Legislative AssembIy.

6. Qualifications for a Legislative Council.

CHAPTJ~R I

7, Disqualificsbt.ions for member$ ip of Parliament or of n B t s k Legislature.

8. Bavings.

8. Interpretation, etc. I CHAPTER I V I

I @~allfi,oaliaft artd disq?lnlification for morn srsklp of e l e c to~a l collegee. P 10. Qualification for membership of electorai colleges for cerfsin

Parth C Etafeu.

11.

\ Disqualification for membership f ~lectoral colleges for cert&

Part C St~ates.

Price As. 5 or 6 M of Lam

Representation of tlze People [ACT XLIII

I PART 111

Parliament.

The Council of S ta tes . < ?,

12. ' ~otificatidli 'for election to the Council of States. . 1 3 . w Notification £,or constitutioil of electoral colleges for certaiu

' Part C gtabes.

General elections to the House of the People.

Notification for election to the House of the Peopls.

CHAPTER I1

Sta te Legislatures

The State Legislative Assembliae

General elections to Legislative Assemblies.

17. Notificatio~~ for election to State Legislative Assemblies.

Tlze State Legislative Council

18. Notification for election to State, Legislative Councils.

PART 1V

ADMINISTRATIVE MACHINERY FOR THE COXDUCT O F ~ L E C T I O N S .

Returning Officer for each constituency.

Returning Officers at other elections.

Assistant ~ e t u r n i ; ~ Officers.

Returning Officer to include Assistant Returning Officc?rt performing the functions of the Returning Officer.

GsneraL duty of the Returning Officer.

Provision of polling s t~ t iona for constituencies.

Appoint,ment of presiding officers for polling stations.

General duty of the presiding officer.

Dutics of a polling officer. ! Special pro~isions in the case of certain elections.

. =

i2 196lj $ U (

~ e p ~ e s e n t a ~ i o n of t h e ~ g o p l e

IECTIONS. ' 1

PART V I

/ , - CHAPTER 1

Nomina t ion of candidhtes 1 30. Appointment of dates for nomination, etc.

1 I

31, Publi,: notice of election. ,

32. Nomination of-candidates fa election.

33. Presentation of nominatioii paper and.requirements fbr a <valid ,

nomination. I 34, Depo~~its. I

, 36. Notice of nominations and the time and place for *he$ scrutiny. I

I 36. Scry tiny of pomlnations. I 37. Withdrawal of candidature. I 38. Publication of nominatioiis.

39. Nomination of candidates at other electione I Candidates and their agents 1

I 40. ' Appointment of election agents. I 41. Disqualification for being an election agent. t i 1

J 42. Revocation of the appointment, or death, of an election agent.

43: Effect of default in appointment of election agent under I

section 42. I I

44. Duty of the election agent to keep accounts. - ,> I *

45. Other functioni of the election agents. #

46. Appointment ~f pplling ggents. I i

47. Appointment, of co~inting- agents.

46. ri'&ocatIon of DlikrrappdYntment, or death, of a polling agent or counting agent. , ,

Functions of polling agents and counting agents.

Attendance of a candidate or his election agent a$ polling stations, and performance by him of t$'e functions of a polling agent or counting agent.

lik Non-at;fenaance o ~ - ~ o l l i n ~ or counting ageii€d. ! &

s *

r__-.?-- --- --. - * - I - - - - -_rr "-.------ "-----.----I--- -7- ----_- --_- --, v---

.$&S 244 I! , &yp~q,qentation, < ~f t h e Pe,wple r 4 0 ~ . f*%

SEUTI~NS ' ., CHAPTER 111 I I

GENERAL PROCEDURE AT ELECTIONS. .

52. Death of candid8te Before poll.

53. Procedure in contested and uncontested elections. < r

54. Special procedure a t elec'6ionk' in constituencies where aeate are reserved for echeduled Castes or Scheduled Tribes.

5;. Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those casieg or tribes.

CHAPTER IV ? .

' . l ' he poll . I!

56. Fixing time for poll. , t

F

8 . . I

57. - Adjournment of poll in emergencies.

58. Fresh poll in the case of destruction, etc., of bahot boxes. . I

59. Manner of voting a t elections. *

00. Special procedure for voting by &i.tain classes orf persone.

61. Special procedure f o ~ preienting of electors.

62. Right to, vote.

63. Uethod of voting.

CHAPTER

Count ing of v o t e s

64. Cou~t ing of votes..

Ms Equality of votes. ,

Deolaration of resuits.

Regort of the result. ,

CHAPTER V1 I

Vacation bf seats when elected to both Houses of &liamen%.

Vacation of seats by persons already members of, one House 01

election to other House of Parliament.

Election to more than one seat in either House of Parliamen! or in the House or either Housesf the begislature of a S f a h

CHAPTEB VI1

1 Publ icat ion of eleotion ~ e s u l t s and plomindtions: I 1 71, - Pqblic$tion of results of electiohs to the 'Coqncil of States an( ! i sf n h e s of persons. nominated by the President.

72. PublicqA+ipn of results of primary elections for the constituticrl or redonstit,ution of electoral coll'eges for certain Part C Stat-

,%."7-"Yy-.*~c-----'--- --^ ----- x ---i- ---?-"- --- ,---.-- -,--- - ----* - ' 6' i9a.,

k e p - e s e n t ~ t i o i o f " the PEoplS , SEOTION~.

. . . *.$; ........ .$3 . , , . : . ,:.p.:.; ubl ioat io~:-~f - . &ults.;f . ganerat , . , . ' . . ll.l. .$. .. to:%& H?ulouae if., " . - ::

Peopie and of names of :per-so,p,g, n~min&hsa..~b$ $he Presidqt. . '

- $

7.4. Publication of r ev l t s , Q L , ~ ~ v T ? ~ ;~le.ctions h~. 3b.q: &ate Legi,&tive Assemblies and of names of persons nominated t o bych ,, , .

: - . . . . . . . . . . , . . . Assemblies. . . . . . . . . . . ..: .-

- . I . . . 75. , Publication-. ijf.'..redults,' S Q ~ elections. ; to the . . :Btate' LegisPa'tive . ,

- - Councils apkof . . . . names ?f persons L nominated ,.:- . . & such Coquails. . .

, . . . . . , . . ,:- . , , . , . . i CHAET~& .',VIBl, i !, . .~. .:r . . . . .

.i,,. ..'. ..+ . <, . - . . $ i. E 1 6 0 f i . . . . e'ipJh:8zi;: :, ;: :"i ; :" - .? . . . . . .

.. : . - ; ir ,.. . . , l i . ::. Returnv&f eieE:fion &$penses.. . . 76. .. - . . . ,. . 'hf'ixiniu$: . . . . . $ . . . : . . . . , ..

. . ;' 77:. .!3b:" 91$6fio;ll~x~e,$s$<~,~~ .i. . . . . . . . . et&: ,:rc:' ..... , . .

.:;": : .:. ,; , :.,, > . : ; .: :

78. - , Application . pf ,thi<chapter to certain . elections: . . . . . . . . :... , , .: 1 ' . '

PART V l ! '. . - , . . - , . DISP~TES RE~ABDINO ELROTION e i :..

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

. C~APTER I ' , , , . . . . . . . . . : . . , * :. ,

' Interpretation - , . ... , : ; ;. ?. ....... Definitions. . . . , . . . . . . CHAPTER I3 . . . - , : % ' < !

P r e s e n t a t i ~ n of election-petit ions t o E lec t ion G'ommissibn. 1 i

80. . : Electtion1 petitions. ,- 1 I I

I + 81. , Presentation of petitions. I 1 i

82. Parties to the petition. I ' i

83. contents of petition. - ' 1 I 84. Relief that may be claimed by the petitioner, I I 85. Petition when to be dismissed. 1 1

- i CHAPTER In -

T r i d o f e lect ion petitions: ' 1 86. Appointment of Election Tribunal. . I i

87. Connected petitions to be referre& to same Tribunal. i 1

88. Place .of trial. J I

89. ~ t ( e n d a ~ c e of law officers. ! 90. Procedure before the Tribunal.

691. Appearance before Tribunal. - I I

Powers of the Tribunal.

Documentary evidence.

94. Secrecy of voting not to b e infringed. . i

_- ---- v-"--_-X.--r -----?.- --- I -, I- .-r---. I_?-n- --------x__ - F T - t > ---'-'?

246 Rep~eseqtation % , of the yfople ,L?clr ., ,+=I 'r?

SECTIOKS. -L,-;: ' I *

. , : ;: ' , . , ;; :ge&$iniin3trFhj +be&. 's&at..!,cj&irhe:g :':': '. . , . . . . :. , . . . c ' , . -

. . , . , ~ , :., , ; ! ,i, I :/ . - ;j. , :: , , a :".:. - ,

. . 98. ,Decision of . t h i Tribunal. .. . ' :.!

l a . Ground6 for which"a'C&Bidaibeidther than the returned caddidatit! '

may be 'declared , a s . , . ' I . , , to ,.. hs;ve ..>r.<;3y:.:': been elioted.

102. Procedurein case of an equ$lity , $f , votes. . , . , . .: .

103. . Communication of orders, 30 the Electioy , Commissjon and the tranemission of the records of the oase. '

- ' 104. Difference of opinion among the 'members of the Tribunal. ' 105. Orders of the Tribunal to 'be final and conclusive.

1PG. Transiuission of order to the appropriste wthurity, etc., and it1 publioation.

107. Orders to take effect only on publication.

CHAPTEB IV

Withdra.wa1 and abatement of election petitio~zs.

I.&. Wi4hdrawal o;f petitions before appointment of Tribunal.

109 Withdrawal of petitions after appointment of Tribunal. ,

110. Procedure for withdrawal of petitions before the Election Corn mission or the Tribunal.

111. Report of withdrawal by the Tribunal to the Election Commissia

112. Abatement of election petitions.

113. ~ b a t e m e n t of petition before appointment of Tribunal.

114. Acbatement of petition after appcuintment of -Tribunal.

115. Substitution on death of petitioner.

I - 116. Abatement 'or substitutidn on death of respondent. '

I cost8 and security f o ~ coste.

I 117. Deposit of security. 118. Further security for costs. a

119. Security for costs from a respondent.

121. Payment ofscosts out of security deposits and return af sud deposits.

122. Execution of orders as to costs.

: ".-ymm.-"----" "-,"I - -- -- -- - " -- --- -.-- - - ----- -. . .- - --- ---- ------ "- --- - ----

19611 RB'presentution of t e e Peopie \ 1 / , ' \ !'< 3

1 8$9E i ~ 4 . 7 ~ , 1 )

. * ,. :2$ CTIONS. I - .

,- PART VI l +, a {

CHAPTER I 2 -

Corrupt praotioer. , \

128. ~ a j o ; cohupt practices.

124. Minor corrupt Practices. '

. C H ~ P T E R TI

125. Illegal praotices.

Eleotoral offenoes.

126. Prohibition of public m~et ings on the election lday.

197. Disturbances a t eleotion meetings.

128. Maintenance of sebrecy of voting. ' " _ -

129. OBcers, etc., at elections not to act for ,candidates or to influence voting.

1SO. Prohibition "ot canvassing in or near polling skations. I

131. Penalty for disorderly conduct in or m a r polling stations. i 1

183. Penalty for misconduct at the polling statiop.

133. Penalty for illegal hiring or procuring of conveyances a t election^.,

Breaches of official duty in connection with elections. 1 I

+<" . I -Removal of ballot from polling station to be aq offem{. i

i Other offences and penalties therelor. !

187. Prosecution regarding certain offences.

188. Amendment of Act V of 1898. I 1

, PART VIII I

DIBQUALIFTCATION S. 1 I

\

CHAPTER I ! . Disqualifioations for m e m b e r s h i p . . ' . .

Offences entailing disqualification.

Corrupt and illegal practices enbailing disqualification.

CHAPTER 11 Di~quai i f icat iona for vo t ing .

Disqualification arising out of conviction and corrupt p r a c t i ~ p ~ . 1

-- L -- ----- ------> . -"-~-7-rl-"-^- --r---- -"--- -?-- -l--X--_ .-,-..- --

248 P

gg p i" \"+, < L 4% , ( ,< A .': 1 ,-t, t

iii Representation of the People [ACT XLIII \ , E y l % , ,

SECTIONB. # ,

142. , Disqualificatibn arising ou t of illegal, practicee. ,

- 143. Disqualification arising out [of failure to lodge return of slectio:~ expenses.

144. Removal of disqual - f ., c ' . 5 -

CBAPTER 1x1' tr.

a

UthBr at~qualjf i~$ioOn~.

146. Disqualification for be@p,,an e!hc$i,on agent.

?&A. Disanalification for holding certain offioes. 2 ,$> ' *- >, f

PART ' IX -

B Y E - E ~ ~ C T I O N ~ . , /

147. Casual vace;ricies b the Council of States.

148. Casual vacailcies in the, eleotoral colleges for certain Par t C States.

Casual vacincies in thg House of- the People. , , ,2+ , ~

Casual vacancies in the State Legislative As~emblien.

Casual vacancies in the State Legislative 43bunaile. A

PART X '

~icrcel laneous. ' List o f 'mhbe r s of the Stat6 ljegislative ,Assemblies and epectord

colleges an4 of eleqted members of the Coorg Legis1ativ.e Counci1,to be maintained by the Returning Ofhcers concerned.

, ,

103. Extension of time for completion of e!ection.

- 15i' 1,

Term of ogce of inembers of the ~ G n c h of States.

155. Commencement of the term of office of members of the Uouncil of States., .

156. Term of office of megbers of State Legis la~ve Councils.

I 157. Commencement of the term of office of members of the Legisla- I tive Councils.

158. Weturn or forfeiture of deposits. I 159. Staff of every local authority to be made available for electiofl 1 work. ' I

I Is!?. Requisitioning of premises, vehicles, etc., for election purposes. ! I ' 16i. Payment of compensation. I , 1 162.. Power to obtain information. t \ 163. P o w ~ r s of' entry into and inspection of premises, etd; I.

i 9'84. Eviction from requisitioned premises.

186, Release of premises from requisition.

. *--- - - - ---"--- -i ---- --- <- --- , _ - - - -?" - - -- .-- -___I^ I--"-

OF 19511 *' Reprosan ta t i on of t h e Peop le @ z g x 2491 SIICTIOI'IS.

I Penalty for contravention of any order regarding requisitioning.

166. i

. I Special provisions with respect to Rulers of former Indian States.

, I P ~ T X1 I GENBBAL.

169. Power to make rules. I - I

i 170. Jurisdiction of civil cowts barred. i

171. Itepeal of Act XXXIX of 1920. - I /

. * Rsprssantation of the Psople Act , 1951

Act to provide for the conduct of , elections to the Houees of Parliament and to the House or Hou~es of the Legislature of each State, the qualifications and di~~uallfications for membership of thoae Houses, the corrupt and illegal practices and +

other offences at or in conneotion with such elections and the decision of doubts and disputes arising out of or in connection with such eleotions

[17th Ju ly , 19511


PART 1 PRELIMINARY

1. Short title.-This Act may be called the Representation of the People Lct, 3951.

0

2. interpretation.-(1) I n this Act, unless the context otherwise requires.--

(a) each of the expressions d&ned in section 2 or sub-section (1) ol section 27 of the Representation of the People Aot, 1950 (XLIII of 1950), but not defined in this Act, shall, have the same meaning as in that Act;

( b ) "appropriate authority" means, in relation to an eletcion to the House of the People or the Council of States or t o a primary election, the Central Government, and in relation t o an election' to the Legislative Assembly or the Legislative Council of a State, the State Government. "-

(c) "corrupt practice" means any of the practices specified in section 123 or section 124;

(d) "election" means an election to fill a seat or seats in either Bouse of Parliament or in the House or either House of the Legislature of a State- other thar the State of Jammu and Iiashmir and includes a primary election;

( e ) "elector", in relation to a constituency, means a person whose name is for the time being entered in the electoral roll of that constituency;

(f) "illegal practice" means any of the practices specified in section 125 ;

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

(h) "primary election" means an election for the purpose of constituting or reconstituting an electoral college under section 27A of the Repre- bentation of the People Act, 1950 (XLIIT of 1950) for a scheduled Part C State or for the purpose of filling ally casual vacailcy in the seat of a member of such electoral college;

3 ' :$ \ -A 2 5 2 " Representation of the Peopl

t - -$

(i) " Scheduled Castes" and "Scheduled Tribes" in relation to a Part C States, mean respectively the castes specified in t h e Sixth Schedule and the tribes specified in the Seventh Schedule to the Representation of the People Act, 195G (XLIII of 1950) in relation to that State ;

(j) "scheduled Par t C State" means any Par t C State a+gw+-d -A %.*4

for the time being specified in the first column of the Fifth Gchedule to the Representation of the People Act, 1950 (XLIII'of fQfAl);

(k) "sign" in relation to a person who is unable to write his nams means authenticate in such manner as may be prescribed;

(1) "Tribunal" means a tribunal appointed by t h e Election Commissioz~ under section 86.

(2) For the purposes of this Act, a Council of States constituency, a Parlia- menzary constituency, an Assem6ly constituency, a Council constituencg, a local au'~11orities' constituency, a graduates' constituency and a teachers' con- ~t i tuency shall each be treated as a constituencg of a different class.

(3) Any requirement under this Act that a notification, order, rule, declaration, notice or list issued or made by any authority shall be published in t h e 0i"ncial Gazette, shall, unless otherwise expressly provided in this Act, be construed as a requirement that the notification, order, rule, declaration, notice or list hall-

(a) where it is issued or made by the Central Government, be published i.1 t!~e Gazette of India;

( b ) where it is issued or made by a State Government, be published in the Official Gazette of the S ta te ; and

(c) where it is issued or made by any other authority, be published in the Gazette of India if i t relates to an election to, or membership of, either Eouse of Parliament or to a primary election, a%d in the Official Gazette of the State if it relates to an election to, or membership of, the House or either :Rouse of the Legislature of a State.

(4) Where, under any of the provisioils of this Act, anything is to be prescribed, different provisions may be made for different cases or classes of cases.

(5) - \nj reference in this Act to a law which is not in force in a Par t E State shall, in relation to that State, be construed as a reference to the corres- poncljng law, if any. in force in that State.

(Gj Any reference in this Act to a High Court or to the Judge of a High Court shali, in relation to a Par t C: State having a Court of the Judicial Com- missioner, be construed as a reference to the said Court of the Judicial Com- missioner or to the Judicial Commissioner or any Additional Judicial Commis- sio:ier, as the case may be.

( 7 ) A119 reference in this Act t.0 the Legislative Council of a State shall be co,lstrued as not including a reference to the Coorg Legislative Council.

PART I1

Qualifications for membership o j Parliament. 2. Q.%aliflcations for membership of the Council of States.--(l) A person

shall llot be qualified to be chosen as a representative of any Par t A or Par t I3 State (other than the State of J a m m u 2nd Icashmir) in the Council of States unless he is an elector for a Parliamentary constituency in that G t ~ t e .

J 8- % I - 4 4 + - + & ~ cd. g~w ,+q*TF-- -

3tabes of Ajlner m d Coorg or of the States of Manipur and Tripuira ijl the Coun- :il of S t t t . 3 ~ unlces he is an elector for any Parliamentary constituency in the , . '

3tate i n which the election of such representative is to be held. (3) Sane as otherwise provided in sub-section (2), a person shall not be

lualified to be chosen as a representative of any Part C State wr group of sueb itates in the Council of States unless hc is an elector for a Parliamentary consti- uency in that State or in any of the States in that group, as the case may be.

6. Qaaliflcations for membership of the Eouse of the ~t?Qple.--A persm hsil not be qualified to be chosen to fill a seat in the House of the People 8 t h ~ ~ than a seat allotted to the State of Jaininu and I<ashmir -[to the Anda- na!~ snd Nicobar Island$ unless-- p d 6 -3 .& ,

(aj in the case of a seat reserved for the Scheduled Castee in any Stste, _ h e is a member of any of the Scheduled Castes, whether of that State or

af any other State, and ie an elector for any Parliamentary constitusncy; jb ) in tlle case of a seat reserved for the Scheduled Tribes in any State

(other t l~h r l those in the eutonoinous districts of Assam), he is a member of any of the Scheduled Tribes, whether of that State or of ally other State (excluding the tribal areas of Assam), and is an elect9r for ally Parliamentary 2onstituency;

(c) in the case of a seat reserved for the Schedulcd Tribes in the auto- lioinous districts of Assam, he is a meinher of any of those Scheduled Tribes and is a~n elector for the Parliainentary corlstituency in which such sertt is reserved 01 fur any other Parliamentary constituencv comprisirlg any snch zutonorno~s district; and

(d) in the case of any other scat, he is an elector for any Parliamentary constituency.

QanZificatrons f o ~ m 8 ~ n b ~ r s h i p of State Legislature8

5. Qnalificatioils for xnembership of a Legislative Assembly.-A Derson ?all not be qualified to be chosen to fill a scat in the Legislative Assembly . f a State u~:less-

(a) ill the case of a oeak resetrred fop +be Scheduled Castes or for the Scheduled Tribes of tilab State, he is a mer;..,be,- of any of those castes or of %hose tribes, as the case may be, and is an elector for ,my -1~~1ernbly constituency in that State;

(b) in the case of s zje8.t reserved fo-7 an ,a.utonsmous districei of hss&m, other thar~ a sea.t t h e constituency for which comprises the cantonment a.2d municipalify nf ~ l i i l lo i~g , ).la i ~ j a I Y I P ~ ~ ~ > F ~ of R Frh~d.111ei) 'rrjhe .of that district and is an elector for the Assembly crrnstituensy in which such sea4 or any other seat is reserved for that distfict; and !

j c ) tn t59 case of taoy other seat, he ie an elector fbr any -4ssem':;ly cocstitueccy in that State.

8 . Q ~ ~ c a o s for rnombe~shi~ . of a LeGslati-sa Oounc2.-(1) A perizou lal! not be qualified to he chosen t,o fill a. seat in the Legislative Coullcil of n bate to be filled by election uilless he is an elector for any P,ssembly constituancy that State.

(2) 4 person shall not h e qualified to be choscn to fil! a seat i l l the Legisla- ve council of a State to be filled by namifiabiol~, by the Governor or the ajpramulih, ns the case may be, unlass he is o:.dinarily residefik in the Stat%.

6 : .

-- 254 e i t g~ 4 ' Repl.ssentatlon of t h e People LAOT XLIII .

CHAPTER ill

Disqualifications

7. Disqualifications for membership d Parliament or of a State Legis lat~re .~ A person shall be disqualified for being chosen as, and for being, a member of either House of Farliament or of the Legislative Assembly or Legislative Council of a State-

(a) if , whether before or after the cummencement of the Constitutlon, he has been convicted, or has, in prbceedings for questioning the validitg or regulwjtf of an election, been found to have keen guilty, of any offence

&r EsfiBfft & ~ k ~ ' a l $ h c ~ r k e ~ $ v & h ~ h a s been deckred by section 189 or section 140 to be an offence or practice entailing disqualification for membership of Parliament and of the Legislature of every State, uclese such period has elapsed as has been provided in that behalf in the said section 139 or section 140, as the case may be ;

(b) if, whether before or after the commenc,ement of the Constitution, he has been convicted by a court in India of any offence and sentenoea tso transportation or to imprisonment for not less than two years, unless B period of five years, or such l a s period as the Election Commission may zllow in any particular case, has elapscd since his release;

(c) if, having been nominited as a candidate for Parliament or the Legislatura of any State or having acted as an election tigent of timy per.

son so nominated, he has failed to lodge a return of election expenses n ~ t h i n the time and in the manner required by s r undar this Act, unlem five years have elapsed from the date by which the return ought to h w p bwan lodged or the Election Commission has removed the disqualification,

(4 if, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account, h e has any share or interest ill a contract for the supply of goods to, or for the execution of any works or the performance of any services uildertaken by, the appropriate Government. ;

( e ) if he is a director or managing agent of, or holds any office of p~of i t under, any corporation in which the appropriate Government has any share or financial inbarest; e

(f) if, having held any ofice under the Government of India or the Government of any State or under the Crown in India or under the Gov- ernment of an Indian Slate, lie has, whether before OY %filer the commencement of the Constitution, been dismissed for corruption or disloyalty to the State, unless a period of five years has elapsed since his dismissal.

8. Savings;.-(1) Notwithstanding anything in section 7 - (a) a disqualification under clause (a) or clause (b) of that section

&all not, in the case of a person who becomes so disqualified by virtue of n, conviction or a coilviction and a sentence and is at the date of the disqualification a member of Parliament or of the Legislature of a Stete takc effect until three months have elapsed from the date of such disqualification, or if within these three months an appeal or petition for revision is brought in respect of the conviction or the sentence, until that appeal , or petition it; disposed of;

(b) a disqualification under clause ( c ) of that section shall not take i effect until the expiration of two months from the date by which the return of electioli expenses ought to have been lodged or of such longer period &s the Election Commission may in any particular case allow; i

\ j.

Y . i . -., .2-5 5 ,

Representation of the People 5 ( 0 ) a disqualificet~ion under o l~use (d) of that section flhall noB,

the share or interest in the contract devolves on a person by inhe or succession or as a legatee, executor or administr~tor, tgke effect una the exp~ration of six months after it has so devolved on him or of suoh longer period as the Election Conlrnission may in any perticuler case allow;

(d) a person shell not be disqualified under clause (d) of that section by reason of his having a share or interest in a contract entered into be$. ween a publio company of which he is a ~thareholder but is neither a direo. tor holding an office of profit under the conipaily nor a managing agent and the appropriate Government;

(e) a person shall not be disqualified under clause (e) of that section I

by reason of his being a director unless the office of such director is declared by Parliament by law to so disqualify its holder;

(f) a disqualification under clause (e) of that section shall not, in the case of a director, take effect where the law making any such declaration ~ L S is referred to in clause (e) of this section in respect of the office of such director has come into force sfter the director has been chosen a member of Parliament or of the Legislature of a State, as the case may be, until the expiration of six months after the date on which such law comes i i~ to force or of such longer period as the Election Commission may io any particular case allow; .

(g) a disqualification under clause (f) of that section may, in the car;? of any of the candidates for the first elections under this Act, be removed by the Election Commission for reasons to be recorded by it in writing.

( 2 ) Nothing in clause (d) of section 7 shall extend to a contract entered ta between a co-operative society and thc appropriate Government.

9. Interpretation, etc.-(1) I n this Chapter- \

(a) "appropriate Government" means in relation to any disqualification for being chosen as or for being a member of either House of Parlia- ment, the Central Government, and in relation to any disqualification for being chose11 as or for being a member of the Legislative Assembly or ilagislative Council of a State, the State Government;

(b) "public company" means a public company as defined in section

2 of the Indian Companies Act, 1913 (VII. of 1913). '

(2) For the avoidance of doubt i t is hereby declared that where any such tltract as is referred to in clause (d ) of section 7 has been entered into bv or

\ I d

behalf of a Hindu undivided family and the appropriate Government, every :~nber of that family shall become subject to the disqualification mentioned the said clause; but where the contract has been entpred into by a member n Hindu undivided family carrying on a separate busi~iess in course of such siness, any other member of the said family having no share or interest in i t business shall not become subject to such disqualification.

(3) If any question is raised as to whether a person who, having held any ioe referred to in clause ( f ) of section 7, has been dismissed is disqua1ifir:d +r that cla~ise for being chosen as a member of either House of Parliament of the .Tiegislati-rd Assembly or Legislative Council of a State, the produc- + ! 11 of a certificate issued in the prescribed manner by the Election Gommis- n to the effect that such person has not been dismissed for corruption or loyalty to the State shall be conclusive proof that he is not disqualified under - it clause.

8hip of electoral oolle 10. Qualification for: membership__of electoral

staW.-A person shall not be qualified to be chosen aa a member of an electoral college for any scheduled Part C State, unless he is an elector for any Oouacil of States constitueiicy in that Stat'e.

11. Disqualification for membership of electoral clslIeges for certain Part 0 8&~%8.--4 person shall be disqualified for being chosen as a member of an electoral college for any scheduled Part C State if he is for the time being disqualified for being chosgn as a member of either House of Parliament under 8,ny of the provisions of article 102.

PART 111 ~ O T ~ F I C I A T I O N O F GENERAL ELECTIOFS

CHAPTER 1 - Parliament

The Council o j S ta tes . 12. Rotiflcsrtiara for election to the Council of States.-(1) For the purpose sf

constituting the Council of States under the Constitutfa~ in cluc time, the President shall,-

(a) after the names of the klected members of. the Legislative Assernbliee of Part A Ststee and Par t B States other than the State of Jammil and K%sLqir firet constituted under the Constitution have been notified under section 67, call upon the elected mernbers of each such Assembly, by a notification in the Gazette of India, to elect inembers in accordance with the provisions of this Act and of the rules and orders made thereundel before such date as may be appointed in bhis behalf by the Election Corn. mission and specified in such notification, and

(b) after the names of the inembers of the eLectora1 colleges for tht scheduled Part C States first coilstituted under Part IV-A of the Repre aenC~ation of the People Act, 1950 (XLIII of 1950), have been notifiec under section 67, by 'another notification call upon the members of tht elw,torsl cdlege for each Part C Stato or group of such St.a,tes consernec tx: n!oz$ a, member ol. members in accordance with the piaovisions of thi Act t l9d of the rules and orders x a d e thereunder before such date as ma! be !;ppointed in this behalf by the Electioo Commission and speci3ed iz suoh n~t~ification.

(2) For the purpose of filling the seats of members retiring on Dlle expiratio] of their ~'espective terms of office in every second year after the coilstitution of t h ~ Council of States, the President shall,-

( a ) by a notification in the Gazette of India, call upon the electel members of the Legislative Assembly of each of the States referred to il sub-section (1) concerned to elect members in accordailce with the provision laf this Act nnd of the rilles and ordere made the1.eunder before such dat: ilsi i.:q be appointed in thia behalf by the Election Commission and fipeci 6-4 i~ quch nntification, ~ n d

( b ) by anoi.lzer ilotification "call upon the members of the elector? cailege for esch of the P R Y ~ C> Etates a~ id group of ~ u c h Stst,ns concernel

/ xr c ,... .: B . .

v - . - , ,- ~ h e r s ~i

Act and of the i~ules and orders made thereunder before such date as may bj app:)inted in this behalf by the Election Coininission and specified in suc notification :

~ . .

19511 Rdpresentatio?~ of the 'People . ' . . .

~rov idcd that the notifications under this sub-section shall b? issued"on -su'ch ies, not being more than four months prior to .the date on which' the t e r n of g i df-:the retiring inembers would expire under section 154, as ;nay b e , re- nmended in this behalf b y t h e Election Commission. - f3, Notification for constitution of electo,raJ: collbges for certain Part 0 \tes.-For the. purpose of .the first constitution . and of each subsequent 3nstitution of the electoral college for each scheduled Part C Sta,te under :t IV-A of the Representation of the People Act, -1950 (XLIII .of 1950) . President shall by one or more notifications in the Gazette of India call upon Council of States constituencies concerned to elect members in accordance h the provisions of t h i s ac t and of the rules and orders made thereunder before . .

h date or dates as ]nay be appointed in this bahalf by the Election Commie- g.nd specified in the notification or notifications :,

Provided that every such notification calling upon the council of States ;iituencies in any-Part C State . . * shall be issued, as hr as may be, a t the same time 1 5 m g upon the Parli kary constituencies in such ,;State to elect a n~c!jlber'or nberi for the purpose of c q b s t i t u t i w e Peoplo in due time i the expiration of the duration of that Rouse or .on its dissolution, ns t.he case

be, i s issued. The Hbuse of the People

4. General elections t o the House of the. People.--(1) A generai ' election . be held for the purpose of constituting the House of the People under the titution in due time. 3). A -general election shall also b e held on the expiration of the duratioil 1e House of the People or on its. dissolution in order that a new House e People may be cgnstituted. i ..Notification for election to the House of the People.-For the purpose nstituting the House of -the People under the Constitution' in- due t.ime or !e expiration of thc ~luration of the Eouse of the People or on its dissolution, 'resident shall, by c ~ l e or more notifications pubEshed in the Gazette of India ch date o r da.tes as may be recommended by the Election Commission I

~pon all the Parliamentary constituencies to elect members in accordance j the provisions of t h i s a c t a.nd of the rules and orders made thereunder

I

i . i ! such date or dates as, maybeappointed in this behalf '- by the Election iission and specified.in the notificationor notifications: I ovided that for th; purpose of constituting the Hbuse of the P.eople on the: i

tion of its durrttion, no such notification shall be issued a t any time earlier i

four months prior to the date on which the duration of the House of the > would expire in the ordinary course of events.

C ~ A P T E R I1 I

I State Legisla?ures j

The State Lsgtslative Assemblies { Genbral elections. to Legislative Assemblies.-(1) A general election shall

'

1 for the purpose of constituting the Legislative Assembly of each -State the Constitution in dua time. A general election shall also be held on the expiration of the duration of sembly or o n its dissolution in order that % new ,-4ssembly may be ]tea. Notification fur election to State Legislative Assemblies.--For the

of constituting the Legislative Assembly of q State under the rtion in due time or on the expiration of the duration of an Assembly is dissolution, the Governor or Ra.jpramukh, as the case may be, of the

Rep~esentation of the People [ACT XL

Fato shall, by one or more notifications published in the Official Gazette on su afes as may be recommended by the Zlection Oommission, ca l lup ssembly constituencies to elect members in accordance will1 the PJ this Act and of the rules and orders made thereunder befora such&

ointed in this behalf by the Election Commission a n or notifications: purpose of constituting the ~egislat ive Assembly of its duration, no such notification shall be issued at a

t i e earlier thap four months prior to the date on which the duration of i Legislative Assembly of the State would expire jn the ordinary course'~f even

The State Legislative Councils 18. ~otificatim' for election to State Legislative Councils.-(1) For :

e Legislative Council of a State under the Uonr overnor or Rajpramukh of the State, as the case rr

(a ) by a notification in the Official Gazette call upon every local sut; rifies' constjtuency, every graduates' constituancy m d every teach€ cor;stituency to elect in accordance with t h e provisions of this Act and the rules and orders made thereunder a mem.bar or members before SI

dati, aa may be appointed in this behalf by the Election Copmission : specified in such notification, and

( h ) d t e r the na;mas of the members of the Legislative Atxernbly of State first constituted under the Constitution have been notified ull: section 67, call upon such members, by another ilotification in the Of31 Gazetta, to elect members in accordance with the provisions of this . and of the rules and orders made therehnder before such date as. may appointed i u this behdf by the Election Commissjon and speciead in s: notification.

(2) For the purpose of filling the seats of members retiring on the expircsi of:their respective terms of office in every second year after the constitutioa the Legislative Council of a State, the Governor or Rajpramukh, as the case 4 be, shall- , I

j (u) by n notification in the OECHI Gazette call upon every local nu!

rities' constituency, every. graduates' constit.uency anii every $sac4 coi~stituency concerned to. elect in mcordance with the provisioils of Act and of the rules and orders made thereunder a member or a;-/ before such da-te as may be a.pjminted in $his behalf by the Election CI mission and specified in such. notification, and

. . . ' j

I (b) by another notification in the Official Gazette cA1 upon the m'

- bers of theI.rgjsIative Assembly of the State to elcct members in accord4 with tha 1:rovisions of this Act and of the rules and orders made thereuj befori: such date as may be appointed in this behalf by the'Election missio? m d specified in such notification: I

i i Provided that the notifications under this sub-section shall be issued on-;{ I i dates, not being more than four months prior to the date on which the tef 1 office of the retiring members would expire under section 156, ar m$q

recommended in this behalf by the Election Commission. .I7

i PART IV . . s

ADMINI~TI~ATIVE MACHINERY FOR TEE CONDUCT OF ELECTIONB rgj . . 1 19, Dofbitjort.-h this Pq-t and in Part V, unless the context oth'v: 1, requires, "constituency" means a Council -of States constituoncy or a 'p'g I mentary constituency or an Assembly constituency or a Council wnstitue+ci 1 ., <:::I

12apresentation o f the Peopld ii' ;- 2 5 9 20. Returning Officer for each con~tituency.-For each constituency

there shall be a Returning Officer who shall be such'officer of Goverfiment as the Zlection Commission may, in consultation with the Government . of the State in which t h constiluency is situated, designate or nominate: ~, , - , -

Provided that nothi~lg i r ~ this section shall prevent the leit ti on ~ o ~ m i s s i o n . from designating or nolninsting the same person to be the Returning Offic,er for more than one constituency. - %

21. Returning Officers at other elections.-The R.eturning O,fticer, : i fo~- 'an election (other than a primary election) to fill a seat or seats ,in the ~Gbqncfil of Gtates or for an election. by the members of the Legislatiye Assembly. of :a ,Sta+ to a 1 a seat or seats in the Legislative Council of -the State shall be such officer of Government as the Election Commission may, in . consultation with' , . ,. the .

Gover~ment, of that State, designate or nominate. . - , . +

22. Assistant Relurning 0qicerS.-(1) The Ulectisn Corninisaion may' appointl one or more persons to assist any Returning Officer in the performance of his hnctions :

. ) Provided that every such person shall be an officer of dovernment: (2) Every Assistant Returning Officer shall, subject Go the control of the

Returning Officer, be competent to perform all or any of the functions of the Returning Officer :

Provided that no Assistant. Returning Officer shall perform any of the tuilotions of the Returning Officer which relate to the acceptance of a nomination paper or to the scrutiny of nominations or to the counting of votes unless the 3eturning Officer is unavoidably prevented from performing the said func-tion.

23. Returning Oiflcer to include Assistant Returning Officers performing the unctions of the Returning Officer.-References in t h ~ s Act to the Returning lfficer shall, unless the context otherwise requires, be deemed to include an Lssistant Returning Officer performing any function which he is ~uthorised to ex-form under sub-section (2) of section 22.

24. General duty of the Returning 0fRcer.-It shall be the general duty of le Beturning Officer a t any election to do all such acts and things as m ~ y be ecessary for effectually conducting the election in t h ~ manner provided by this ct and rules or orders made thereunder.

25. Provision of polling stations for constituencies.-The Retumiug Officer r each constituency shall, with the previous approval of the Election C o p ission, provide 8 sufficient number of polling stations for such constituency, d shall publish, in such manner zs the Election Commission may direct, a lisC owing the polling stations so provided and the polling areas for which they ve respecbively been provided. 26. Appointment of presiding officers lor polling stations.--(1) The Returning

icer shall appoint a presiding officer for each polling station and such polling c& or oflicnrs as he thinks necessary, but he shall not appoint any person who

been employed by or on behalf of, or has been otherwise working for, andidate in or about the election: Provided that if a polling officer is absent from the polling station, the presi& officer may appoint any person who is present at the polling station other

n a person who has been employed by or on behalf of, or has been otheryiee king for, a candidate in or about the election, to be the polling officer during absence o-f the former officer, and inform the Returning Officer accordingly. '2) A polling oscer shall, if so directed by the presiding officer, perform %ll my of the functions of a presiding officer under this Act or any rules or ra made theseunder.

- Hep~*ese~ztation of t& .l?&ple - [ACT TLIII

'ow~ing - t o illnessor other unavoidable cause, is. bhe pollillg station, h i s functions shall be peF- .. . .

as has been previously authorised by the &:- functions during any such absence.

44) 13ef&rences in this Act to the presiding officer shall, unless. the ~011te:it otherwise requires, be deemed to illclude any person performing any functis>ii which he is. authorised to perform under sub-section (2) or sub-section (3), as. the case ,may be. ,.

27. General duty of the presiding oficer.-It--sha~--be_theegggers;l, of the presiding officer at a polling station to keep order thereat and to see thiit-.. tlle poll is fafrly ta,ken.

28. Duties oT a polling 0Rcer.-It shall be the duty of the. polling officers a t a polling station to assist the presiding officer for such station in the psrformwnse of his functions.

29. Special provisions in the case 01 certain elections.-(1) The Returning' Officer ,for an.elect.ion (other than a primary election) to fill a s e a t or seats in the C'ounoi1,of States or for an election by the members of the Legislative Assembly of a State t,u fin, a seat or sea,ts in the Legislative Conucil of the State sha.11, with $he previous approval of the Election ~omrnission, fix the place a t which the poll will be talcen for such election and shall notify the place so fixed in. euch manner as the Election .Commission may diroct.

' , ( 2 ) ' ~ h e . Returning Officer shall preside over such election i t the place so

fixed ;and shall appoint such polling officer or officers to assist him .as he thinlrs necessa:ry. but he shall not appoint any person who has been employed'b or on behalf o f , or has been otherwise working for, a candidate in or about the election. :

PART V

30. Appointment of dates for nominations, etc.-As soon es the notification' calling upon a constituency to elect a menher or members is issued under this: Act, the appropriate authority in the case ~vhere such notification has been issued\ under the provirions of Par t 111 or of this Part, and the Election Commissio~l, in the case where such notification has been issued under the provisions of1

' Part IX , shall, by notification in the Official Gazette, appoint-- (

1

(a) the last date for making noininatiois, which shall be a date not / latw than the fourteenth day aftar the date of publication of the first m.en-; tioned notification nor earlier than the eighth day after the date of publics- tion of the notification under this section ;

(b) the date for the scrutiiry of nominations, which shall be a date not! later than the seventh day a f t e ~ the last date for making nominations;

(c) the last date for the withdrawal of candidatures, which shall be: the third dnp after the date for the scrutiny of nominations; and I

(d) the date or dates on which a poll shall, if nacesssry, be taken which i or the first of xhich shall be a date not earlier than the thirtieth day after' the last date for the withdra~val of candidatures.

I 31. Public notice of election.-On the issue of a notificat-ion under section 30, . - the Returning Officer for the constituency shall give public notice of the intended

election in such form and manner as may be prescribed, inviting nominatious

I of candidates for such election and specifying the place a t which the nominat i0~ 1 papers are to be delivered. ,

B 19511 Represelztuiion of tlze People

32. N6mination of candidates for e1oction.-Any per~on may bl: ~ ~ o r n i ~ ~ a t e d B R cnndidste for election to fill a seat In ally constituency if he is qualified

be chosen to fill that seat under the provisions of the Constitution and this ct.

33. Preseot&t.ion of nomination paper and recluirements for a valid nomina- on.-(1) On or before the date appointed under clause (a) of section 30 each sndidste shall, either in person or by his proposer or seconder, between the ours of eleven o'clock in the forenoon and three o'clock in the afternoon deliver 1 the Returning Officer a t the place specified in this behalf in the notice issued nder section 31 a nomination paper completed in the prescribed form and ubscribed by t6e candidate himself as assenting to the nominat:on and by two ersons referred to in sub-section (2) as proposer and seconder.

(2) An? person whose name is registered in t l ~ e electoral roll of the consti- lencg and n~lio is not subject to any disqualification mentioned in section 16

the Reprcsen1.ation of the People Act. 1950 (XLIII of 1950) may sul~scribe j proposer or seconder as many nomination papers as thare are vacancies to 2 filled but no more:

Provided that if the name of -a persoil is- entered more than once in the ectoral roll of a constituer~cy or is included in the electoral roll of two or more ,

inrtituenoies of the same class, such person shall not be entitled to subschbe 3 proposer or seconder more than one nomination paper for each vacancy to 5 filled in that constituency, or in not more thar one of such constituencies of .e sarm class.

(3) Everv nomination paper delivered under sub-section (I) shall be accorn- tnied by a declaration in writing subscribed by the candidate that the candi- :te 113s appointed as his election agent for the election eithcr himszlf oq, lother person who is not disqualified under this Act for the appointment and ho shall be named in the declaration, and by such other declarations, if any,

may be prescribed; and no candidate sl~all be deemed to be duly nominated less such dec!aration is, or all such declizrations are, delivered along with he nomination paper:

~-'rovidei that in a constituency where any seat is reserved for the Scheduied tstes or for the Scheduled Tribes, no candidate shall be deemed to be qllalified

be chosen to fill that ?eat unless his nomination raper is accompanied by a &ration verified in the-prescribed manner that the candidate is a member of a Schedu!ed Castes or of the Scheduled Tribes for which the seat has been so served and the declaration specifies the particular caste or tribe of which the ndidate is a member and also the area in relation to which such caste or tribe one of the Scheduled Castes or Scheduled Tribes, as the case may be:

Provided further that in a constituency where any seat is reserved for an tonomous districb of Assam other than the constituency ' comprising the lltonment and municipality of Shillong, no candidate shall be deemed to be ~ i y nominated for the seat so reserved unless the nomination paper is ! :o~npnnied by a declaration verified in the prescribed manner that the caldidate I

a member of any of the Scheduled Tribes of that district and the declaration 37ifies the porticula: tribe of which the candidste is a member:

Provided also that where any person having held any office referret1 to in use (f) of section 7 has been dismissed and the period of five years from the be of such dismissal has net expired or the disqualification, if any, under that , ~ ~ i ; e has not, been removed by the Election Commission under clause (g) of j-section (1) of section 8, such person shall not be deemed to be duly nomi- '.cd as a candidate unless his nomination paper is accompanied by a certifi- ,e issued in the prescribed manner by the Election Corr.mission to the effect ~t he lias not been dismissed for corruption or disloyalty to the State.

Representation of tlze People

(4) 'Any nomination paper which is n8t received before three o'clock in the afternoon on the last date appointed under clause (a) of s e ~ t i o n 30 sha rejected. '

(5 ) On the presentatioil of a nomination paper, the Returning OBcer shall satisfy himself that the names and electoral roll numbers of the candidate and his proDosrr and seconder as entered in the nomination paper are the sarne as those entered in the electoral rolls:

Provided that the Retarning Officer may- (a) permit any clerical error in tha nomination paper in regarcl to the

said names or numbers to be corrected in order to bring thern into ctn- ferm;ty with the corresponding entries in the electoral rolls; and

(b) where necessary, direct that any clerical or printing error in the saiA entries ~11t1ll be overlooked.

(6) If a t the time of the presentatmion of the nomination paper the lleturuing O f h e r finds that tho name of the candidate is not registered in the eleottaral roll of tho coi~stituencg for which he is the Returning Officer, he shall for the pur- p e s of sub-section ( 5 ) require the person presenting the nomination polder to produce either n copy of the electoral roll in which the name of the candidate is included or a certified copy of the relevant entries in such roll.

(7) Nothing iri this section shall prevent any candidate from being nomiiiated by more than one nomination paper for election in the same constituency.

34. Deposits.-(1) A candidate shall not be deemed to be duly nominated ullless h e deposit^ OL' causes to be deposited in the case of an ele-tion to Parlia- malt, (other than a primary election) a sum of f ive hundred rupees, in the case of an election to the Legislature of a State a sum of two hundred and fifty 'rupoc+s, and i~ the case of a primary election a sum of fifty rupees:-

Pi-ovided thab-

(a) where the candidate is a member of any of the Scheduled Castes or the Schedulud Tribes, the &mount to be deposited by him or on his behalf. shall be two hunclrecl and fifty rupees in the case of an election to Parlia- ment (other than a primary election), and one hundred and twenty-five, rupees in case of an election to the Legislaturc of a State;

1

(b) where ft candidate has been nominated by mure than one noifiina- tion paper for election in the same constituency, not more than one deposid shall be required of him under this'sub-section. i

(2) Any sum required to be deposited under sub-section (1) shall not be deemed! to have been deposited under that sub-section unless a t the time of delivery of1 the rlonlination pnpcr under sub-section (1) of section 33 the candidate has eitbed dqos i tx l or caused to be deposited that sum with the Returning Officer in casq or enclosed wit11 the noiniliation paper a receipt showiilg that the said suin hay been deposited-by him or on his behalf in the Reserve Bank of Inclia or in a Governme!iL Treasury. ,

I 1

35. Notice of nominations and the time and place for their scrutiny.--Th'd Returning Officer shall, on receiving the nomination paper under sub-sectio~rj (1) of seutiou 33, inform the person or persons delivering the same of the date, time alicl place fixed for the scrutiny of nominations and shall enter on the ' nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the no~nination ?aper has been deli- yeled to him; and shall, as soon as may be thereafter, cause to be affixed ic

some co~ispiauous place in his office a notice of the nomination containing des- criptio~ls similar to t'2ose contained in the nomination paper, both of the candp data and of the persons who have subscribed the nomination paper as proposer, and seconder.

I

Representation of the People

E. Scrutiny of nominations-(1) .On -the date iixed for the squt>iny of ina at ions under sectiorj 80, the candidates, their election agenbs, one pro- :r and one seconder of each candidste, and one other person duly authorised 7riting by each candidate, but no other person, may attend at such time and :e as the Returning Officer may appoint; and the Returning Officer shall

them all reasonable facilities for examining the nomination papers of all lid&es which haye been delivered within the time and in the manner laid n in section 33. 2) The Returning Officer shall then examine the nominatio:l papers and 1 ditcide all objections which may be made to any nominatioi~, a i d rnw. .er qn such objection or on his own motion, after such summary inquiry, ny, as he thinks neaessary, refuse any nomination on any of the io l low~~~g ~ n d s : -

(a) that the candidate is not qualified to be chosen to fill the seat under the Coilstitution or this Act*; or

( b ) that the candidate is disqualified for being chosen to fill the seat under the Constitution or this Act; or

(c) that a proposer or seconder is diequalified from subscribing a rnmi- nation paper under sub-section (2) of section 33; or

( d ) that there has been any failure to comply with any of the provisions of section 33 or section 34; or

( e ) that the signature of t,he candidate or any proposer or seconder is not genuine or has bean obtained by frkud. -

(3) Nothing contained in clause (c), clause ( d ) or clause ( e ) of sub-section (2) I1 be deemed to authorise the refusal of the nomination of any candidate on ground of any irregularity in respect of a nominatioi~ paper, if the candidate been duly nominated by means of mother nomination paper in respect of

ch no irregularity has been committed. - (4) The Returning Officer shall not reject any nomination paper on the und of any technical defect which is not of a substantial character. (6) The Returning Officer shall hald the scrutiny on the date appointed in ; behalf under cla~ise ( b ) of section 30 and shall not allow any adjournment the proceedings except when such proceedings are interrupted or obstructed riot or ops~i violence or by causes beyond his controk Provided thai in case an objection is made the candidate concerned may be ,wed time to rebut it not later thah the next day but one following the date ad for scrutiny, and the Returning Officer shall record his decision on the date which the p:oceedings have been adjourned.

>

;6) The Retur~ing Officer shall endorse on each nomination paper his deci- 1 accepting or rejecting the same and, if the nomination paper is rejected,,, ,,,,.s.r 11 record in writing a brief statement of his reasons for such rejection. I

% ?

(7) For Dhe purposes of this section-- I 1

(a) the production of any certified copy of an entry made in the electoral 1 roll of any constituency shall be conclusive evidence of the right of any elector named in that entry to stand for election or to subscribe a nomination paper, ~s the case may b ~ , unless it is proved that the candidate is disqualified under the Const$ufion or this Act, or that the proposer or seconder, as the case may %e, is disqualified under sub-section (2) of sectioll 33;

( b ) where a person ha* subscribed, whether as proposer or seoondas, a larger number of nomination papers than thare %re vacancies to be fille6, those of the papers so subscribed which have been first received, up to the number of vacancies to be filled, shall be deemed to be yalid.

K

la 264 Represelztation of the PeozZe [ACT XLII F

37. Withdrawal of candidature.-(1) Any candidate may withdraw his candi dature h y - a h ~ t i c e in writing which shall contain such particulars as rrlay b prescribed and shall be subscribed by him and delivered before three o'cloclr i the aftc.rnoon 011 the day fixecl under clause (c) of section 30 to the Iieturr ing Officer either by such candidate in person or by .his proposer, seconder o election agent who has been authorised in this behalf in writing by such candi dahe :

Provided that if that day is a public holiday within the meaning of sectioi 25 of the Negotiable Instruments Act, 1881 (XXVI of 1881) or has been notifie~ by the State Government as a day to be observed as a holiday in Governmen offices in the State, the notice of withdrawal of candidature shall be considerel a s having been delivered in due time if it is delivered before three o'clock in th aftwnoon on the next succeeding day which is neither such a public holiday no a day so notified.

(2) No person who has given a notice of withdrawal of his candidature unde sub-section (I) shall be allowed to cancel the notice.

(3) The Returning Officer shall, on receiving a notice of withdrawal unde sub-section (19, a$ soon as may be thereafter, cause a notice of the withdraws to be affixed in some conspicuous place in his office.

35. Publication oi nominations.-The Returning Offiaer shall, iinniediatel after the expky of the period within which candidatures may be withdraw. under sub-section (1) of section 37, prepare and publish a list of valid iio~ninatio~ in such lllaililer as may be prescribed.

39. Nomination of candidates a t other elections.-(1) Any person njay k nominated as a candidate for election to fill a seat in the Council of States to b filled by election by the elected members of the Legislative Assembly of a Stai or b the members of the electoral college for a Part C State or group of auc: . . , or a seat i the Legislative Couiicil of a State to be filled by election by the mem'nsrs of tl- Legis!ative Assembly of that State, if he is qualified to be chosen to fill th: seat under the Constitution and this Act.

(2) As soon as the notification calling upon the elected members or tf rnelrlb~rs of the Le$slative Assembly of a State or the inembars of tf ' eleoto~al college for a Part C State or group of such States-$

7 7 to elect a member or nlembers is issue under this Act, the appropriate authority in the case where such notification ha been issued under section 12 or section 1g and the Election Commission in t h case where such notiGcation has been issuad under section 147 or sectio? 151, shali, by notification in bhe Official Gazette, appoint for such election-

(a) the last date for maliing nominations which shall be J date ric later than the fourteenth day after the date of publication of. the first men tioned notification, nor earlier than the fifth day after the date of publicJ

' j f - tioil of the notification under this sub-section; "I P ~ J J I

( h ) the date for the scrutiny of nominations which shall be a date no later than the seventh day after the last date for making nominations; i

(c) the last date for the mrithdraw~l of candidatures which shall be ti:, thircl day after the date for the scrutiny of nominations;

(d) the date on which a poll shall, if necessary, be taken which s!la\ be a date not earlier than the seventh day after the last date for the withi drawal of candid-atures.

(3) On the issue of a notification under sub-section (2), the Returning Office$ for the election shall give public notice of the intended. election in such form an(

6

r 6-& ik,&.6+4- ?+%=- =- bp CfcE 4 9 ~ 1 4 ~ / . v I

t( L- 9 4 . 9 6 W 67 ?flqr/ . i

+ai-% $2 OF 19611- Representat ion of t h e Poople

i)rr: 265,, manner as may be prescribed inviting nominations of candidates for such election and specifying the place at which the nominatioil papers are to be delivered.

(4) The provisions of sub-sections (I), (3), (4), (5) and (7) of section 33 and sections 84 to 38 shall apply in relation to nominations of candidates, deposits t o be made on such nominations and withdrawal of candidatures a t any suoh election as they apply in relation to nominations of candidates, deposits to be made on such~nominations and withdrawal of candidatures a t elections in any constituency other than a Coullcil of States constituency:

Provided that any person who is entitled to vote at any such election as is referred t,o in sub-section (1) shall be qualified to subscribe as proposer or seconder as many nomination papers tl,t that election as there are vacancies to be filled but no more:

Provided further that at she time of the presentation of the nomination paper, the Retuning Officer may require the person presmtil?g the same to produce either a copy of the electoral roll in whioh the name of the candidate is included or a certified copy of the relevant entries in such roll:

Provided also that any references in the said provisions- i (a)' to the electoral roll of the constituency shall, unless the conbevt

otherwise rcquires, be construed, in' the case of an elaction by the elscted illembers or by the members of the Legislative Assembly of a State, as

that sectioi~ ;

( 6 ) to szction 30, to sectioil 31 and to sub-section (2) of section 38 sball be coilstrued as references to sub-section (2) of this section, to sub-sectioil (3) of this sectlor? :~nd to the first proviso to this sub-sectlo11 respectively.

Candidates and their agents 40. Appoinbment of election agents.--(l) Every person norninnlcrl r1.s LI candi-

at5 at_a!l eiection shall before the delivery of his omi in at ion pnper tlider ub-section (1) of section 33 or under that sub-seotion read wit11 sub-section (4) t' section 89, as the case may be, tcppoint in writing either hiir:self or some ne other person to be his election agent.

(2) When a. candidate appoints some person other than himself to he his Lection agent he shall obtain in writing the acceptance by suc.h person of the 5ce of such election agent.

41. Disqualification for being an election agent.-No person s h d l be sp- ,inted an election agent who is disqualified from being an election agent lrler section 145.

42. Revocation of the appointment, or death, of an election agent.-(1) Any vocation of the appoiatment of an election agont, whether he be the candi- tte himself or not, s&ll be signed by the candidate, and shall operate from e date on whioh it is lodged with the Retu~ning Officer. -

(2) I n the event of such a revovation or of the death of an election agent, ]ether that event occurs before or during the election, or after the election t before a return of the candidate's election expenses has been lodged in

d m 1 Y 9 9 (3 /?0.

as~- ; , j ,,? 16 Representation of the People [ACT XLIII $8

Eq accordance with the ~rovisions of sectiun 76, the candidate sLraU appoint forth- :

sF with either himself or some other person to be his election agent in the manner I provided in section 40, and shall give notice in wsiting of the appointment, ts -', tho Returning Officer.

43. Effect of defaQlt in appointment of election agent under section 42.-41) If the appointment of an election agent is revoked without a naw appointment being made, the candidate himself shall be deemed to have been appointed or reappointed, as the case may be, his election agent.

(2) If the election agent (not being the candidate himself) dios end a new sppointment is not made on the day of the death or on the fouowing day, the oandidate shall be deamed to have appointed himself his election agent as from the time of the death.

44. Duty of the election agent to keep accounts.-Every election agen% shall, for each election for which he is appointed election agent, keep separate and regular books of account, and shall enter therein such particulars of expenditure in connection with the election as may be prescribed.

45. Other functions of the election agents.-.Bvery election ngent ehall perform such other functions in connection with each .election for which he is appointed election agent as are required to be performed by or under this Act by such tbgent'.

*a c..,: ..'t'. i> > ,.Y-

46. Appointment of polling agents.-A candidate who has been duly nomi- v~.. nated under this Act and wbohas not withdrawn his candidature in the manner ;&'' --and within the time syecsed 2n sub-section 1) of section 37, or i l l that sub-section

.,>

6 R" read with sub-secbicm (4) of section 39, as t e case may bs, or hjs election agent .

&$, .,may, a t least three days before the commencemelit of the poll, appoinb in the '.

prescribed nlonner surh number of agents and relief agents as nlay be prescribed @ a'

to act as pollii~g agents of such candidate ~ t : each polling station provided under is::

i section 25 or at th.: place fixed under sub-s.ection (1) of section 29 for the poll, 1

5;. and nrhcn any sucli appointment is made, notice of the appointment hall be 1 ,

given in the prescribed manner to such officer as may be prescribed. j 1

47. Appointment of counting agents.-Any such candidate as is mentioned in section 46 or his election agent may, before the commznceinent of the counting of votes, appoint in the prescribed manner one agent and no more to 1 be present as his counting agent at the c~unt ing of votes, and when any such : appointment is made, notice of the appointment shall be given in the prescribed manner to the Returning Officer. 4

J 48. Revocation of the appointment, or death, of a polling agent or counting ;

agent.--(l) Any revocation sf the appointment of B polling agent €hall be signed by the candidate or his election agent and shnll operate from the data I

on which it is lodged with such officer as may be prescribetl, a d in the event 1 of such a revocation or of the death of a polling agent before the close of the 1 poll, the candidate or his election agent may appoint in the prescribed manner another polling agent a t any time before the poll is closcd and shall forthwith j give notice of such appointment in the prescribed manner to sucli officer as j may be prescribed. I

(2) &y revocation of the appointment of a counting agent shall be signed i

I by the candidate or his election agent and shall operate frem the date on 1 which it is lodged with the Returning Officer, and in the event of such a revoca- i

! tion or of the death of a counting agent before the commencement of the ! I counting of votes, the candidate or his election agent may appoint, in the 1 1 prescribed manner another counting agent a t any time before the counting of I votes is commenced and shall forthwith give notice of such appointment w' i I the prescribed manner to tLe Returning Officer. 4

- { I

49. Fnnctions of polling agents and counting agents.--(l) A polling agent lay perform such functions in connection with the poll as are authorised by

under this Act to be performed by a polling agent. (2) A counting agent may perform such functions in connection with ' the

unting of votes as are authorised by or under this Act to be performed. by a unting agent.

5O:Attendance of a candidate or his election agent at polling stations, and trforlnance by him of the functions of a polling agent or counting agent.-- ) At every election where a poll is taken, each candidate at such election and s election agent shall have a right to be present at any polling station provided ~ d e r section 25 for the taking of the poll or at the place rixecl under s<ib-section ) of section 29 for the poll.

(2) A candgate or his election agent may himself do any act or thing which ly polling agent or the counting agent of such candidate, if appointed, would bve been authorised by or under this Act to do, or may assist any polling ent or the counting agent of such candidate in doing any such act or thing.

51. Non-attendance of polling or counting agents.-Where any acct or thing required or authorised by or under this Act to be done in the presence of the llling or counting agents, the non-attendance of any such agent or agents the time and place appointed for the purpose shall not, i f the act or thing otherwise duly done, invalidate the act or thing done.

CHAPTER i11 General procedure at elections

52. Death cf candidate before poll.-If a candidate who has been duly nomi- tecl undrr this Act dies after the date fixed for the scrutiny of nominntione fi s report of his death is received by the Returning Oflicer before the com- mcemcnt of the poll, the lZeturning Officer shall, upon being satisfied of the :L of the death of the candidate, countermand the poll and report the fact to 3 Blection Commission and also to the appropriate authority and all pro- :dings with reference to the election shall be commenced anew in all re~pects if for a new election :

Provided that no further nomination shall be necessary in the case of a ildidate whose nomination mas valid at the time of the countermanding of 3 poll:

Provided further that no person who has under sub-section (1) of section given a notice of withdrawal of his candidature before the countermanding the pLoll shall be inelisible for being nominated as a candidate for the election er such countermanding. \

53. Procedure in contested and uncontested elections.--(1) If the number candidates who were duly nominated and who have not withdrawn their ic)idatures, in the manner and within the time specified in sub-section (1) section 37, or in that sub-section read with sub-section (4) of section 39, as ! case may be, exceeds the number of seats to be filled, tho Returning Officer ,11 forthwith publish in such form and manner as may be prescribed a listi Qaining the names in alphabetical order and addresses of candidates as given tho nomination papers, together with such other particulars as may be scribed, and a poll shall be taken.

(2) If the number of such candidates is equal to the number of seats to be 3d, the Returning Officer shall forthwith declare all such candidates to be duly :tea to fill those seats.

(3) If the number of such candidates is less than the n ~ m b e r of seats to be ~ d , the Returning Officer shall forthwith declare all such candidates to be :ted and the appropriate authority shall, by notification in the Official Gazette

- elect n person or persons to fill the remaining seat or seats before such date as ]nay be appointed in this behalf by the Election Commission and specified in the notification :

Providetl that where the coilstituency or the elected members or the mein- hers of the State Legislative Assembly or the members of the electoral

' **I c o l l e g e e . . having already

been called upon under this sub-section, has or have failed to elect a person or the requisite number of persons, as the case may he, to fill the .vacaficy or vacancies, the appropriate authority shall not be bound to call again upor. the constituency, or such members to elect a person or persons until such data as the Election Commission may spec,ify in this behalf.

I

54. Special procedure a t elections in constituencies where seats are reserved for Scheduled Castes or Scheduled Tribes.-(1) The provisioils of this section shall apply in relation to any election in a constituency where the seats to be filled iiiclude one or more seats reserved for the Scheduled Castes or for the Scheduled Tribes (hereinafter referred to as "reserved seats").

(2) If the number of candidates qualified to be chosen to fill the reserved seats is equal l o the number of such. seats, all thosc candidates shall be forthwith declared to he elected t,o fill the reserved seats, and the procedure laid do\vn in section 53 shall be followed for filling the remaining seat or seats.

(3) If the number of candidates qualified to be chosen to fill tlie reserved seats exceeds the number of such seats, but the total number of candidates is equal to the total number of seats to be filled, the Returning Officer shall first select by lot, to be drawn by him in such manner as he may determine, the candidats~ to be declared elected to the reserved seats out of the candidates qualified to be chosen to fill those seats and then declare the ctindidates so selected to be duly elected to fill the reserved seats and thereafter daclnre the remaining candi. datcs to be duly elected to fill the remaining seats.

(4) If the number of candidates qualified to, be chosen to fill the reserved seats exeeeds the number of such seats, and the total number of candidates alsc exceeds the total number of seats to be filled, the procedure laid down in sub, section (1) of section 53 shall be followed; and after the poll has been taken; the Returning Oficer shall first declare those who, being qualified to be choser to fill the reserved seats, have secured the largest number of votes, to be duld elected to fill the reserved seats, and the11 declare such of the remaining candi: dates as have s~cured the largesb nurrlber ol votes to be duly elected to fill tha remaining seabe. i

111'~~~trt~iio~~.-At ail election in a constituency to fill four seats c>f which twd are reserved there we six candidates A, I3, C, D, I3 and F, and they secure voted in descending order, A securing the largest number. B, C :~nd D are qualified to be chosen to fill the reserved seats, while A, E and F are not so qualifiej The Returning Officer will first declare B and C duly elected to fiil the t\vq reserved seats, and then declare A and D (not A and E ) to fill the remainin1 two seats. I

I

(5) If the number of caildidat~s qualified to be chosen to fill the reserve{ seats is less tlban the number of such seats.-

I (a ) all those candidates shall be forthwith declared to be duly electec to fill reserved seats; I

(b) the procedure laid down in section 53 shall be followed for fillin the seats other than the reserved seats; and 4

. - 1

- 4 0**- 9 A - w -# &f= S4- .$@ 4e4 qF /9S)/ I i I

I

19911 Rep~.esetztntiorz of tlze People 1 q3$2$Ji-- ',

( c ) the appropriate aut.hority shall, by notificatioa in the Official Gazette, call upoil the constituency te-elect a person or persons, to fill the

-remaining reserved seat or seats before such date as may be appointed in '' this $behalf by the Election Colnlnissiou and s~ecified in the notification: b % -

Provided that where a constituency having been already so called upon ha8 led to elect a person or the requisite number of persons to fill the reserved it or seats, the appropriate authority shall not be bound to call again upon the nstituency to elect a person or persolls to fill the vacancy or vacancies until -'n date as the Election Commission may specify in this behalf. (6) I n this section, references to candidates shall be construed as references ,"

candidates who were duly nominated and who have not- withdrawn their ndidatures in the manner and within the time specified in sub-section (1) of ctioil 87. ,> - & : j ,

, I

55. Eligibility of members of Scheduled Castes or Scheduled Tribes to hold 'i * L "+ 2

sts not reserved for those castes or tribes.-For the avoidance of doubt it is ,reby declared that a member of the Scheduled Castes or of the Scheduled ibes shall not be disqualified to hold a seat not reserved for members of those stes or tribes, if he is otherwise qualified to hold such seats under the Consti- Lion and this Act.

C ~ A P T E R IV The poll

56. Fixing tirne for poll.-The appr~priat~e authoritg shall fix the hours [ring which the poll will be taken; and the hours so fixed shall be published such manner as mag be prescribed:

Provided that the total period allotted on any one day for polling at an electioi~ :i constituency shall not be less than eight hours.

57. Adjournment of poll in emergencies.--(l) If :,t, s n election !,1-., pre- edings a t any polling station pro~ided under section 25 or a t the place fixed lder sub-sectioi~ (1) of section 29 for the poll are interrupted or obstructed by y riot or open violence, or if at an election it is not possible to take the poll any polling station or such place on account of any natural calamity, '

any other sufficient cause, the presiding officer for such polling station or the :turning Officer presiding over such place, as the case may be, shall aniiouuce I

adjournment of the poll to a date to be notified later, and where the poll is adjourned by a presiding officer, he shall forthwith inform the neturning Officer

ncerned. i I

(2) Whenever a poll is adjourned under sub-section (I), the Returiling OfIicer all inlmediatelg report the circumstances to the appropriate authority and the ection ~ommi&ion, and shall, as soon as mag bo, with the previous approval the Election Commission, appoint the day on which the poll shall recommence, d fix the polling sthtion or place at which, and the hours during which, the ,I1 will be taken, and shall not count the votes cast a t such election until such jounied poii shall have been completed.

(3) I n every such case as aforesaid, the Returning OEcer shallAnotify in ~ u c h aliiier as the Election Commission may direct the date, p l ~ c e and hours of lling fixed under sub-section (2).

58. Fresh poll in [the case of destruction, etc., of ballot boxes.--(1) If at any xtion any ballot box or boxes is or are unlawfully taken out of the custody the Returning Officer or of any presiding officer, or is or are in any way

mpered with, or is or are eit,her accidentally or intentionally destroyed or lost, e election to which such ballot box or boxes relate sliall be void, but only io spect of the polling a t the polling station or stations provided under section

20 I ~e~res ' en t a t i on of the People [ACT XLII

27 0 25 ot6he place fixed under sub-section (1) of section i 9 for the poll, as thte cast may be, a t which such ballot box or boxes was or were used und no further. .. 7---

polling a t any polling station or stations or a t the plao become void under sub-section ( I ) , the Returning Office

after the act or event causing such voidance ha come to his knowledge, report the matter to the appropriate authority and ti ;the Election Conlmission and shall, \vith the previous approval of the mectio Com~nission, appoint a day for the taking of a fresh poll in such or every suc polling statioll or in such place hxed tor the polI).and fix the hours during whid the poll will be taken. and shall not count the votes cast a t such electidn unt

h fresh poll shall have been completed. * A - w ,&,a+, & d a L , i r *cur - e 3 J (3) In every such case as aforesaid the Returning Officer shall take a fseg in such or every such polling stabion or in such place hxed for the poll1 r esaid on the day so appointed by him, and shall notify the day so appointe t h ~ , hours of pol!ing so fixed by Ium in such mannex as the Election Con

sion may direct, and the provisions of this Act and of any rules or orde made thereunder shall apply to every such fresh poll as they apply to tl original poll.

59. Manner of voting at elections.-At. every election where a poll is takt votes shall be given by ballot in such manner as may be prescribed, and no vot sht~ll be received by proxy.

60. Special procedure for voting by certain classes of perms.-Witho prejudice to t,he generality of the provisions contained in section 59, proxisic may be made by rules made under this Act for enabling-

( a ) any of the following persons to give his vote by postal ballot, a1 not in any other manner, at an election in a constituency where a poll taken, namely :-

(i) a member of the Armed Forces of the Union to whom the pro sions of sub-section (3) of section 20 of the Representation of t People Act, 1950 ( X L I I I of 1950) apply;

(ii) a. person holding any office in 1nd:a decla~red by the Preside to be an office to which the provisioils of sub-section (4) of that secti "P~Y ;

(iii) a person who is employed under the Government of India a post outside India;

(iv) the wife of any such pcrson as is referred to in sub-clauses (ii) and (iii) to whom the provisions of sub-section (6) of the said secti 20 apply;

(b,) any person subjected to preventive detention-under any law for 1 \ime being in force to give his vote by postal ballot, and not in any otl manner, at an election in a constituency where a poll is taken, subject, the fulfilment of such requirements as nlay be specified in those rules.

61. Special procedure for preventing personation of electors.--Provkipn I L ~

also be made by rules made under this Act h r the marking with indelible i of the thumb or any other finger of every elector who applies for a balbt pa] or ballot papers for the purpose of voting a t e polling station before delivc of such paper or papers to him and for prohibiting the delivery of any bal paper to any person for voting a t a pollisg stsation if a t the time such perq applies for such paper he has already sucli a mark on his thumb or m y bt) finger so as to prevent personation of electors. I

. .

OF 1951) - , ~ e ~ r e s e n t a t i o n ' o f the People . , .

62. Right to vote.-(1) No peraon .who:$ n ~ t , : ~ a n d exc r-ided b y this Aot, evwy person who is, for the, time 'bein electoral roll of any co.nstituenoy shall bk ehtitlcd to

(2) No person shall vote at an election i n any constituency to any of the disqualifications referred to in section 16 of the. $he People Act, 1950 (XLIII of 1950).

(3) Nd person shall vote at a general elecbion in more tha of tthe same class, and if a person votes in more than one his votes in 811 such constitwncies shall be void.

(4) No person shall at any election vote in t l ~ e same than once, notwithstanding that his name may have electoral roll for that constituency moze than once; all his votes in that; constituency sliall be void.

(6 ) No person shall'vote at any election if he is con under a sentence of iinprisonment or transportation or lawful cilstocly of tlie police:

Provided that nothing in this sub-section shall apply t to preventire detention under any law for the time being in force.

63, blethod 04 v~fing.--(l) I n plural member cons Council constiituencies every elector shall have as m n~embcrs to be elected, but no elector shall give mor one candidate.

(2) If an elector gives more than one vote to any one candidate in contra. vention of the provisions of sub-section (I), then, at the time of counting of voter not more than one of the votes given by him to such candidate fihall be taken i n k bccouut and all the other votes given by him to such candidate shall be rejected es void.

CHAPTER V

Counting of votos i

64. Counting of votes.-At every election whkre a poll is taken, votes shall I 3 counted by, or uader the supervision of, the Returning OfEcer, and each indidate, his election agent and his counting agent, shall have a right to be ! w e n t at the time of counting. ?

65. Equality of votes.-If, after the counting of t.he votes is completed, an uality of votes is found to exist between any crtudidntes, and the addition one vote will entitle any of those candidates t e be declared elected, the

~kurning Officer shall forthwith decide between those candidates by lot, and ~ e e d as if the candidate on whom' the lot falls had received an additional 6.

66. Declaration of results.-When the counting of the votes has been corn- ;ed, the Returning Officer shall forthwith declare the resuit of the election be manner provided by this Act or the rules made thereunder.

17. Report of the resu1t.-As soon as may be after the result of an election been declared, the Eieturning Officer shall report the result to the appropriate srity a d the Election Commission and in the case of an election to a Rouse ~rliament or of the Legislature of a State also to the Secretary of that House, :he appropriate authority shall cause to be publishes in the Officral Gazetg eclarations containing the names of the elecTed candidates.

68. Vacation of seats when elected tb both Hcrusea of Parliament.-(1) An? son who is chosen a member of both t h e House of the People and- the Council States and who has not taken his seat in either House may, by notice in

by him, and delivered to the Secretary to the :Election Com- ten days from the date of p u b l i ~ a t i o ~ ~ i n the Gazette of India

ions that he has been so chosen or, if such publications have different dates, within tell days from the later of such dates, ch of the Houses he wishes to szrve, ' and thereupon, his seat which he does not wish to serve shall become vacant.,

(2) In - default of such intimation within the aforesaid period, his seat in he Council of States shall, a t tke expiration of that period, become vacant.

g,.%~ - :. *-, (3) Any intimation given under sub-section (I) shall be final and irrevocable.

69. Vacation of se& by persons a!ready members of hne House on election other House of. Parliament.-(1) If a person who is already a memb.er of the

ouse of the People and has taken his seat in such House i s chosen a member the Council of States, his seat in the House of t.he People shall, on the blication in the- G?zet%e of Inclia of the declaration that he has been eo sen, become , vamnt.

(2) If a person who is already a member of the Council of States and. has i taken his seat in such Council is chosen a member of the Rouse of the People, hi^ seat in the Council of States shall, on the publication in the Gazette of India of the declaration that he has been so chosen, become vacant. I

. i 70. Election to more than one seat in either House of parliament. or in the 1

House Gr either House of the Legislature of a State.-If EL person is elected to j more than one seat in either House of Parliament or in the House or either j House-of the Legislature of a State, then. miless within the prescribed time i he resigns all but one of the seats, all the seats shall become vacant.

CRAPTER VLT.

Publication of electiorh T ~ S U ~ ~ S and no?ninations

71. Publication of results of elections to t3ie Council of States and of names of persons nominated by the President.-(1) After the elections held in pursuance of the notifications issued under sub-section (1) of section 12, there shall be notified by the appr0priat.e authority in the Official Gaxette the nsmes bf the muinbers elected 1 ) ~ the elected members of the Legislative Asseinblies of the States and by the members of the electoral colleges for the vari6us Par t C , Gtates and group of such States a t the said elections together with the names of 1

$ha persons nominated by the President to the Council under sub-clause (a) of \ clause (1) of article 80 or under an? other provisions.

1 (2) After the elections held in any year ill pursuance~of the notifications issued i i i under sub-section (2) of section 12, there shall be notified by the appropriate I

authority in the OGcinl G a ~ e t t e the names of the members elected by the I

I elected members of the Legislative Assemblies of the States and by the meml)ers , 1 of the electoral colleges for the various Par t C States and group of such States , &v--

. . a t the said eleq- &ions together with the names of any persons nominated by the President to the I Council under sub-clause (a) of clause (1) of article 80 or under any other prqvi- 1

eiona.

J. @w.dCd 9 A - 4 4 4% J;CA. q@ k?q/W/-

NW. 19511 Bspresentat lon of tlze People 2 3

(3) The notification of nahes under sub-section (1) or sub-section (2) shall Be in addition to the publication of the declarations under section 67 snd shall be made as soon as may be after the last of the dates fixed for the completion ,f t h e elections under sub-section (1) or, as the case may be, sub-se2tion (2) ~f section 12, and after the publication of the notification or notifjcations con- aining the names of persons nominated by tha President to the Council under ub-clause (a) of clause (1) of article 80 or under any other ~rovisions.

72. Publication of results of primary elections for the constitution or emnstitution of electoral colleges for certain Par t 0 States.-After the el6ctione eld in pursuance of the notification or i~otifications issued under section 8 for the first constitution or any subsequent reconstitution of the electoral . ollege for a schedu1e:l Part C Stata, ihere shall be notified by the ~p;jrc?p~'icte bubhority in the Oficial Gazette, as sooll as may be after the date or the last fl t he dates fixed fo~. the completion of the said elections, the names of the nembers elected for the various Council of StAates constituencies a t the said leotions and such notification shall be in addition to the publication of the 'eolarations under section 67.

73. Publication of results of general elections to the House of the People nd of names oi persons nominated by the President.-After the elections held i pursuance of the notification or notifications issued under section 15 for,the onstitution of the House of the People in due time or on the expiration of its uration or on its dissolution, there shall be notiiicd-by the appropriate autho- ity in the Otticial Gazette, AS so611 as inay be aCtcv the date or the last of the latea fixed for the completion.of the said Blections, the names of the membem lected for the various Parliameiitary constituencies a t the said elections to- 3ther with the names of persons, if any, nominated by the Yresideilt t:, thaf Louse under article 331 OF under any other provisions, and such notifioatlon hall be in addition to the publication of the declarations under section 67

74. Publication of results of general elections to the State Legislative ssemblies and of names sf persons nominated to such Assemblies.-After the [actions held in pursuance of the notification or notifications issued under !ction 17 for the constitution of the Legislt~tive Assa~nbly of .ar Stat6 in due me or on the expiration of its. duration or on its dissolution, there shall be ,

otified by th6 appropriate authority in the Official Gazette, as soon as mAg be [ter the date or the last of the dates fixed for the completion of the said elections, \e names of the meinbvs elected for the various Assembly constihl~encies :,t le said elections together with the names of persons, if any, nominated by the overnor or Rajpramukh, as the case may be, of the State unclel arricle 333 or ndor any other provisions and such notification shall be in addition to ths ublication of t5he declarations under section 67.

75. Publication Of results of elections to the State Legislative Councils and ! names oi persons nominated to wch Councils.-(1) After the el~ctions held t pursuance of the notifications issued under sub-sect1011 (1) of .,e-tio,~ 19, lere shall be notified by the appropriate authority in the Official Gazette the rmes of the members elected for the various Council constituencies all& by e members of the Legislative Assembly of the State a t the said eiections gather with the names of the persons nominat'ed by the Governor or rtqpra- ukh, as the case may be, of the State under sub-clause ( e ) of clause (3) of ticle 171.

(2) After the eltctions held in any year in pursuance of the notifications wed under sub-section (2) of section 18, there shall be notified by the appro- iate authzrity in the Official Gazette the names of the members elqcted for e various Council constituencies and by the member^ of the Legislative sembly of the State a t the said elections together with the names of any rsons no~ninatecl by the Governor or %jpramuJzh, as the case may be, under b-clause ( e ) of @lause (8 ) of artlcle 171. 3 M of Law

A

epresentaj ion of tlze ,People - [ACT X L ~

(3) The notification of names under sub-section (1) or- sub-section (2) shaU be in addition to the publication of the declarations under section 67 and shall be q a d e as soon as may be after the last of the da;tes fixed for the completion of the electious under sub%ection (1) or, as the case may be, sub-section (2) of section 18, and after the publication of the notification containing the names of persons nominated by the Governor or Rajpramukh, as the case may be, mder s~lb-clause (e) of clause (3) of article 171.

CHAPTER VII I '% s Elec t ion expenses

76. Return of election expenses.-(1) Within the prescribed lime after every - election there shall be lodged with the Returning Officer in respect of each person who has been nominated as a candidate, a return of the election expenses of theb person signed by him m d his election agent.

(2) Every such return shall be in such form and shall contain such particulars as may be prescribed, and shall, be accompaniod by declarations in the prescribed form by the candidate and his election agent made on oath or solemn a h a t ~ i o n before a magistrate.

.(3) Notwithstanding anything $ this section, where owing to absence from Pnd~a a candidate is unable to slgn the return of election expenses and Qo make the required declhration, the return shall be signed and lodged by the election, agent only and shall be accompanied by a declaration by the election agent only, and the candidate shall., within fourteen 'days after his return tt India, cause to be lodged with the Returning 'Officer a declaration made OE oath or solemn &rmation before a magistrate in such form as may be prescribed

77. Maximum electioll expenses, etc.-The maximum scales of electior expenses a t elections and the numbere and descriptiom of persona who may bc employed for payment in connection with elections shall be such m may bc prescribed.

78. Application of this Chapter to certain elecrtims.-Except so far as may bc prescribed, this Chapter shall nut apply to an election +(other than a primar election) to fill a seat or seats in the Council of States or to m.election by thl members of the Legislative Assembly of a State to s seat or seek in t41 Legislative Council of that Staie. -

PART V I DISPUTES REOARD~NQ ELEOTIONB

CUTEB I l n t e ~ p r e t a t h n

79. Deflnitims.-In this Part and in Pads VII and VU1, udess the conger stherwise requires,--

(a) "agent." includes an election agent, a polling agent and a countir agent afid any.person who, on the trial of an election petit.ion (

of an offence with respect to any election, is held to have acted as an age1 in connect.ion with the election with- the knowledge or consent of t6t candidate;

(b) "candidate" means a person who has been or claims to have bee duly nominated as a candidate a t any election, and any such person sha be deemed to have been s candidate as from the time when, with t.1 election in profipect, he began to hold himself out as a prospeotive-candidat4

(c) "oosts" means dl oosts, charges and expenses of, or incidental 6, =a trial of an election petitioa; I

I

>*951] Rspressntatton of tlze People 26; * (d) "elatoral right" means the right of & person to stand or no$

-stand as, or to withdraw from being, a iandidate, or to vote or r.e:efia-in from voting at an election;

4 (e) "pleader" means any person entitled to appear and plead for

anohher jn a civil court and includes an advocate, a valril and in atjjorney .of a High Courh;

V) "returned candidate" deans a candidate whose name has been gublished under -section 67-%S duly elected.

*CHAPTER I1

Prc~e?ztatzon of election petitions to Electiojz Commission y.

30. Election petitions.--No election shall be called in question exceph by an election petition presented in accordance with $he provisions of this Part.

81. Presentation of petitions.-(1) An election petition cblling in quesGag .my election may be presented on one or more of the grounds specified in sub- sections (1) and (2) of section 100 and sectiop 10i to the Election Commission by any candidate at such election or any elector in such form and within such Pime but not earlier than the date of publication of the nam-e or names of the returned candidate or candidates at such election under section 67, as may be prescribed.

Explanation. -In this sub-section, "elector" means a person _who was enbitled to vote at the election to which the election petition relates, whether he ha9 voted at such election or not.

(2) An election petition shall be deemed to ham been presented tb &he Sleo~ion Commission-

(a) when it is delivered to the Secretary to the Commission or to suoh other officer as may be appointed by the Election Coi?irnission in this hehalf-

ji) by the person making the petition, or

(ii) by a person aut*horised in writing in this behalf by the pmaon making the petition; or

(b) when it is sent by registered post ~ n d is delivered to the S_ecre$ary- .to the Commission or the officer so appointed.

82. Parties to the petition.-A petitioner shall join as respondents ta his mtition all thc candidates who were duly nominated at the election other h x s iimself if he was so nominated.

83. Contents of petition.-(1) An election petition shall contain s. concise tateinent of the material facts OE which the petitioner relies and shall be rigned by the petitioner and verified in the manner laid down in the Code of Xvil Procedure, 1908 (Act V of 1908) for the verification of pleadings.

(2) The petition shsll be accompanied by a list signed and verified in like Tanner setting forth full particulars of any corrupt or illegal practice which he petitioner alleges, including as full a statement as possible as to the namee f the parties alleged to have committed such corrupt or illegal practice &ad he date and place of tjhe commission of each silch practice.

(3) The Tribunal may, upon such terms as to costs and otherwise as ib lay direct a t any time, allow the particulars included i l the said list to be mended or order such further and better particulars in-regard to any matter 3ferrbd to therein to be furnished as rnay ic its opinion t e neoessary for the urpose of ensuring a fair and effecbursl trial of the petition.

m y one of the following 3eclarations:- (a) that the Bection of the returned candidate is void; ( b ) that the election of the returned candidate is void and that h e

himself or any other candidate has been duly elected; (c) that the election is wholly vsid.

85. Petition when to be dismissed.-If the p:6visions of section 81, section €@ / or section 117 are not complied with, the Election Commission shall dismiss the

petition : Pravided that if a person making the petition satisfies the Election Corn-

- mlesion that sufficient cause existed for hie failure to present the pe t i t io~ withim bhe period prescribed therhfor, the Election Commission may in its discretiom eondone such failure.

-4

CHAPTER I11 Trial of election petitions

86. Appointment of Election Tribund.--(1) If the petition is not dismiss& under section 85, the Election Commission shall appoint an Election Tribund for the trial of the pctition.

(2) For the purpose of constituting such Tribunals the Election Commission shall obtain from the High Court of each State ( ~ t h e r than Jammu an& Hashmir)-

(a) a list of persons who are or have been district judges in the S t a b and who are in the opinion of the High Court f i t to be appointed as inemberga of the Elect-ion Tribunals, and

(b) a list of advocates of that High Court who have been in practice for a peiiod of not less than ten years and who are in the opinion of the High Court fit to be appointed as such members,

m d fihall maintain the lists by making such alterations therein as the Eigb ?,fYourlj may-from time to time direct. -

(3)' Every Tribunal appointed under sub-section (1) shall consist of- (a) a Chairman who shall be either a person who is or has been a judge

sf it High Court, or a person selected by the Election Commission from the l i d maintained by it under clause (a) of sub-section (2); and

(b) two other members of whom one shill be selected by the Election Commission from the list maintained under clause (a) of sub-section (2) and the other shall be selected by it from the list mailltailled under clause (b) of that sub-section:

Provided that where the petition for the trial of which a Tribunal is" to be appointed is in respect of an election to the Legislative Assembly or the Legis- lative Council of a State, no person who belongs to the judicialr service QI another State shall be selected for appointment as a member of ?he Tribuna emept with the consent of the Government of the other State:

Provided further that nothing in this sub-section shall be deemed to prevenl . %he appointment of la Chairman of the Tribunal before that of the othem

members. - (4) If during the course of the txial, any member of a Tribunal is for an3

reason unable to perform his functions ox has to relinquish his membership, t.he Election Commission shall appoint another member in accordance with the pro) bisions of sub-section (3), and upon his joining the Tribunal the trial shali be continued as if he had been on the Tribunal from trhe mmmensernent of thc &ria1 :

DF ~$51 3 ep~escntatio~z of the Pe 7'

Provided that the Tribunal may, if it thinks fit, recall and re-examine any- of the witnesses already examined.

(5) References to the Tribunal in this Part shall, as respects any matter Qa be done before the commcnccment of the trial, be deemed to be reference8 to %he Chairman of the Tribunal.

(6) I n t h i ~ section, the expressions "district judge" and "judicial servioe!'. have the same meanings as in article 236.

87. Connected pobitions to be refared to same Tribuna3.-'Nhere more . getitions than one are presentzd in respect of the same election, the Eleation Oommission shall refer all of them to the sailie Tribunal, which ixay, in its discretion, try them separately or in one or more groups.

88. Place of trial.-The trial shall be held at such place as the Eleotion Cornmission may appoint:

a

Protided that a Tribunal may, in its discretion, sit for any part of the trial at any other place in the State in which the election to which the petition relahs bas taken place.

89. Attendance law officerSl.--(1) The Tribunal may, in the case of anb election petition in relation to a primary election or to an election to fill a WF& Bn either House of Parliament, require the Attorney-General of India or khe Advocate-General of the State in,wb;cli the slection has taken place or som0 person acting under the instructions of the Attorney-General or such Advwte- General, and in the case of an election petition in relation to an election to fill r oeat in the House or either House of the Legislature of a State, require &he 'Advocate-General of the State in which the election has taken place or moms r person acting under his instructions, to attend at the trial.

(2) The Attorney-General or the Advocate-General or the person aoting under the instructions of the Attorney-General or the Advocate-General, as &he ease may be, shall, when so required, attend at the tria.1 and shall take suoh part therein as the Tribunal may direct. -

90. Procedure before the Tribunal.-(1) The Tribunal shall, as soon ae may be, caufie a copy .of the petition together with a copy of the list af pjirtioulw referred to in sub-section (2) of section 83 to be served on each respondent ~ n d &o be published in the Official Gnzette, and a t any time with~n fourteen daye after such publication, any other candidate shall, subject to the provisions of section 119, be entitled to be joined as a respondent.

(2) Subject to .the provisions of this Act and of any rules made thereunder, every election petition shdl be tried by the Tribunal, as nearly as may fn aocordance with the procedure applicable under the Code o f Civil Procednre, 1008 (Act V of 1908), to the trial of snits:

Provided that it shall be sugcient for the Trfbunal to make a memorandum of the substance .of .C.lle evklene of any witness :examined by the Tribunsl and i t ahall not be necesswry for the Tribunal to take down the,evidence of any witneee b writing a t length unless the Tkibunal is, on the application of any parfy or otherwise, sa6isfied that there is any special reason for, so doing:

Providea furaer tha t the Tribunal shall have the discretion $0 refuse reasons to be recorded in writing to examine any witness or witnesaes if I& Ir of %he opinionz that their evidence is not material for the deoision of the' p e t i ~ u n ce &at the pa.rty tendering such witness or witnesses is doing so on frivoloue groundm or with a view to delay the proceedings.

(3) The, ,provisions of the Indian Evidence Act, IF72 (I of 1872), ehall, subject.Co the provisions of $his Act, be deemed to apply in all respeek to $he Gal of an election petition. a

-469 M. af La,w .. < .

- (4) Notwithstanding anything contained in section -85, the Tribunal may. diemias an election petition which does not comply with the provisions of s e c t i o ~ 81, section 83 or 'section 117.

81. Appearance before Tribunal.--Any appearmce, applica,tion or' act be'fore Bhe" Tribunal may be made or done by the party in person or by a pleader d u l ~ app~inted fo act on his behalf: . Provided th& it shall be open to the Tribunal to direct any party to appem in person whenever the Tribunal considers it necessary.

92. Powers of the Tribunal.-The Tribunal shall have the powers which are vested in a coust under the Code of Civil Procedure, 1908 (Act V of i908)', when trying a suit in respect of the following matters :-

fa) discovery and inspection; - (b) enforcing the attendance of wit'nesses, and requiring the deposit 04

their expenses ; fo) compelling the production of documents; (d) examining witnesses on oath; - (e) granting adjournments;, (f) reception of evidence %aken on affidavit; and (g) issuing commissions for the examination of wihesses,

may summon and examine suo motu any person whose evidence appearn fo ib' to be material; and shall be deemed to be a civi! court within the meanin@ , c@ motions 480 and 482 of tbe Code of Criminal Procedure, 1898 (Act V of 1098)p

Znp1anation.-Fox the purpose of enforcing the attendance of w i tu6ssa~~ the local limits of the-jurisdiction of the Tribunal shall be the limits of 'the BPaTe in which the election was held.

88. Documentary evWfence.-Notwithstanding anything in any enactlneng ' to the contrary, no doculllent shall be inadmissible in evidcnce at tho trial of election pet.ition on the ground thaf it is not duly stamped OF registered.

04, Secrecy of voting not to be infringed.-Xo witness or bther peison ehal8 be required to state for whom he has voted at an election.

$5. Answering of criminating questions and certificate of indemnity.l(t) No witness shall be excused from answering any question as to any matter relevan3

' b a matter in issue in the trial of an election p'e!ition upon the ground that the anawer to such question may criminate or may tend to criminate him, or thd &I may expose or may tend to expose him to any penalty or forfeiture:

Provided that--

(a) a witness u7ho answers truly all questions which he is required b anwer shall be entitled to receive ,a certificate of indemnity from the Tribunal ; and

(b) an answer given by a witness to a question put; by or before the , Tribunal shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in a23 civil or criminal proceeding. I

(2) When a certificate of indemnity has been granted to any wifiness, it mw, ,' pleaded by him in any court and shall be a full and complete defence b or /

upon any charge under Chapter IXA of the Indian Penal Code (Act XLV of ; $880) or Part VI I of this Aof arising out of the matter td which such certificate I

reJates, but it shall not be deemed to relieve him £ram any disqualification !@ mnnection with an election imposed by this Act or any other law. . . t

r 19511 Representat ion of the People - 28

96. Expenses of witnesses.-The reasonable expenses incurred by any erson in attending to give evidence may be allowed by. the Tribunal to such erson, and shall, unless the Tribunal otherwise directs, be deemed to be pare : the costs.

97. Recrimination when seat claimed.-(1) When in an election petition I declaration that any candidate other than the returned candidate has b&n duly - 1

lected is claimed, the returned candidate or any other party may gi\% evidence ! 1 prove that the election of such candidate 'would have been void if he had been I he reburned candidate and a petition had Seen presented calling in questioh hie lection: .

Provided that the returned candidate or such otker party as atoresaid shall oB be entitled to give such evidence unless he has, within fourteen days from I

he date of the publication of the election petition under sectial 90, given notice B the Tribunal of his iqtention to do so and has also given the security and the ~ r the r securify referred to in sections 117 and 118 respectively., (2) Every notice referred to in sub-section (1) shall be accompanied by the

tatement and list of particulars required by section 83 in the case of an election6 abibion and shall be signed and verified in like manner.

$8. Decision of the Tribu~al.-At the conclusion of the trial of an electicn etition the Tribunal shall make an order-

(a), dismissing the election petition ; or (b) declaring the election of the returned candidate to be void; or

-

(c) declaring the election of the returned candidate to be void and the petitioner or any other candidate to have been duly elected; or

(d) declaring the election to be wholly void. 99. Other Orders to be made by the Tribum.1.-(1) Ati the time of making

,n order under section 98 the Tribunal shall also make an order- (a) where any charge is made in the petition of any corrupt or illegal

practice having been committed at the election, recording- (i) a finding whether any corrupti or illegal practice has or has nat

been proved to have been committed by, or with the connivance of, xny candidate or his agent at the election, and the nature of that corrupe. or illegal practice; and

(ii) the names of all persons, if any, who have been proved a t the trial to have been guilty of any corrupt or illegal practice and the nature of that practice, together with any such recommendations as t8he Tribunal ,may th?nlr proper to ~ n a k e for hhe exemption of any persons from any disqualifications which they may have incurred in I

this connection under sections 141 to 143; and ( b ) fixing the total amount of costs payable, and specifying .the person5

by and to whom costs shall be paid: Provided that no person shall be named in the order under sub-clause (ii) of

lause (a) unless- &

(a) he has besn given notice to appear before the ~ r ibuna l and to show cause why he should not be so named; and

(b) if he appears in pursuance of the notice, he has been given at1

opportunity of cross-examining any witness who has already been examined by the Tribunal and has given evidence against him, of calling evidence in his defenco and of being heard.

(2) Any 'order as to costs under clause (b) of sub-section (1) may include s, lirection for the payment of costs to the law o3cer attending the trial in pur- uance of any requisition of the Tribunal under section 89.

Rep~.esenlation of the People , [ACT XLIII

100. Grounds for declaring election to be void.--(1) If ~e Tribunal is of opinion- I

(a) that the election has not been a fre,e election b;y reason that $he corrupt practice of bribery or of undue influence has extensively prevailed rtt t9he election; or

db) that the election has not been a free election by reason that coef~ioa or intimidation has been exercised or resorted to by any partiouler cwunbnitg, group or section on another communitry, group or seohon, t@ vote or not to vote in any particular way at the election;, or

( c ) that the result of the election has been materially affected by the improper acceptance or .rejection of any nomination,

Bhe Tribunal fihall declare the election to be wholly void. Ezp1anutzon.-1.n clause (b) of this sub-section, the expression "coeroion or

5ntimidationJ' means any interference or a t t e m ~ t to interkre bv whatever mnam , ~ t h the free exercise of the right to vote or refrain from voting at an eleokios. and includes a social or economic boycott of members of 'a community, group

p r seclion, or thraat of such boycott, wifh intent to iilt,erfere with the free axercise of such right by those memher~.

('2) Subject to the provisions of sub-section (3), if the Tribunal is of .opinion--

(a) that the election of a returned candidate has been procured or induced, or the result of the election has been materially affected, by any corrupt or illegal practice; - or

( b ) that any corrupt practice specified in section 123 has been committed 'by a returned candidate or his agent or by any other person with the connivance of a retuned candidate or his agent; or

(c) that the result of the election has been materially affected by the improper reception or refusal of a vote or by the reception of any vote whioh is void, or by any non-compliance with the provisions, of the Constitution or of this Act or of any rules or orders made under this Act or of any other Ant or rules relating to the election, or by any mistake in the use of any prescribed form.

the Tribunal shall declare the election of the-returned candidate to be void.

c3) If in the opinion of the Tribunal, a returned candidate has been guilty by an agent, other than his election agent, of ally corrupt practice specified In wetion 123, but the Tribunal is satisfied-

I

(a) that no such corrupt practice was committed ,at the election by the candidate or his election agent, and every such corrupt praotioe was conlmitted contrary to the orders, and without the sanction or oond- vance, of the candidate or his election agent;

( b ) that ail such corrupt practices w&e of a trivial and limited charaater or took the form of customary hospitality which did not affect the resulb of the election ;

(c, that the candidate and hi6 election agent tool< all reasonable means for preventing the commission of corrmpt or illegal practices at the election; and

(d) that in dl other respects the election was free from any wmpC or illegal practice on the part ~f $he candidate or any of his agents,

then the Tribunal may decide that €he election of the returned candidafe Is not void.

-

19511 R-epresentution of Jlze I'eaple 3 1

101. Grounds far which a candidate other than the returned candidate may be ?ciared to have been elected.-lf any person 11 50 has lodged a petition has, , addltiol~ to calling in questiou the election of the returned candidate,. aimed a declaration that he himself or any other candidate has been dulg; . - ectecl 8x1 tho Tribunal is of opinion-

. ' : (!) that in fact the petitioner or such other candidate received a rriajmlty of the valid votes; or

( b ) that but for the .votes obtained by the returned candida$e by oorrupt- . .

or illegal, practices the petitioner or such other candidate would have ob@~edl a majority of the valid votes,

e Tribunal shall after declaring the election of the returned candidate go be id declare the petitioner or such other candidafe, as the case may be, to have en dilly elected.

102. Procedure in case 01 an equality of votes.-If during the trial of an :ction petition it appears that there is,an equality of votes between any ndidates at the election and that the addition of a vote .would entii1e any of ose candidates $0 be declared elected, then-

. (u) any decision made by the Rekurning Officer under bhe provisions pf this Agt fiball, in so far as it determines the question bebween &horn candidates, be effective Blso for the purposes of the petition; and

( 6 ) @ so far as that questionis not determined by such a decisioq, $Be Tribunal shall decide between them by lot and proceed as 'if khe one on whom, the lot then falls had received an -additional vote.

103, Communication of orders to the Election Uommission and the trans; %ion of the records of t h e case.-Tbe Tribunal shall, after - announcing We. .12rs mad2 under sections 98 an6 99, send a copy thereof to the Elec5bn nmission and the records of ihe case $0 the district judge of 'the dia$rict hin which the place of trial appointed under section 88 is situate, or tf h place is in a presidency-town, to the chief judgesof the court of small fir-!a having jurisdiction there, as the case may be.

104. Difference of opinion among the members of the Tribunal.-If Mal of an election petition there is a difference of opinion among &ha

nbera ot the Tribunal on any matter or if a t the conclusion of euoh trial re is a difference of opinion among them on any question regarding &he :rs t o be made under section 98 or section 99, the opinion of the major!$ 1 prevail, and the orders of the Tribunal shall be expressed in terms of the ra of the majority.

L05* Orders olE the Tribunal to be ma1 and conclusive.-Every order of the lunnl>ade under this Act shall be final and conclusive.

106. Transmission of order to the appropriate authority, etc., and ita Ilication,As soon as may be after the receipt of any order mado by #he unal ui~der eection 98 or section 99, the Election Commission shall for-. 1 copies of the order to the appropriate authority and, in the case where euoh r relates to an election [other khan a primary election) to a Houee of P a r b t or to an election to the House or a House of the Legislature, of a St&, to the Speaker or Chairman, as the case may be, of the House concerned, shall cause the order to be published in the G a z e h of India and jn *he

Gal Gazette of the State concerned.

07. Orders to take effect only on publication.-An order of t h e Tribunal r section 98 or section 99 shall not take effect unW1 i t is published in the htte of India under section 106.

' 282 /..

32 Representa'tioa o'f the People [ACT XLIW

' CHAPTER I V Withdrawal and abatement of eldct ion petitions

188. Withdrawal of pekitions before appocnntment of Tribunal.--An election petition may be withdrawn only by leave of the Election Commissiorl if a m .application for its withdrawal is made before any Tribunal has been appointek for the trial of such petition. s

108. Withdrawal of petitions after app6intment of Tribunal.-(1) Where m application for withdrawal of an election petition is made after a Tribunal ha@ been appointed for the trial of such petition, the electioil petition may 1)r

,withdrawn only by leave of the Tribunal. (2) Whera an applicatsion for withdrawal is made under sub-section (I),

notica thareof fixing a date for the hearing of the application shall be given to all other parties to the petition and shall be published in the Official Gazette.

110. Procedure for withdrawal of peJit.ions before the Election Commission W the Trib~a1.-(1) If there are more petitioners than one, no application te wibhhaw an election petition shall be made except with the consent of all the petitioners.

(2) No application for withdrawal shall be granted if in t'ne opinion bf the Xleation Commission or of the Tribunal, as the case .may be, such ~pplicationa .hw been induced by any bargain or consideration which ought not to be allowed.

(3) If the application is granted- (a) the petitioner shall, where the application has been made to ?he

Tribunal, be ordered to pay the costs of the respondents theretofore incurre& or such portion thereof as the Tribunal may think fit;

( b ) no3ice of the withdrawal shall be published in the Official Gazette by the Election Commission or by the Tribunal, as the case may be;

( c ) 3. person who might himself h;lve been a petitioner may, .withir fourteen days of such publication, apply to be substituted'as petitioner ic place of the party withdrawing, and upon compliance with the conditioils oi section 117 as to security, shall be entitled to he so substituted and t c continue the proceedings upon such terms as the Tribunal may think fit, 111. Report of withdrawal by iha Tribunal to the Election Cmmission.-

men an appIication for withdrawal is granted by the Tribunal and no person hra~ been substituted as petitioner under clause (c) of sub-section (3) of sectior 110, in placa of the party withdrawing, the Tribunal shall report the fact tc %he Election Commission.

112. Abatement of election petitions.-An election petition shall abate onl; on tho death of a sole petitioner or of the survivor of several petitioners*

113, Abatement of petition before appointmenti of Tribunal.-If an-electioi petition abates under section 112 before a Tribunal has been appointed for tht WJ of the petition, notice of the abatemenb shall be published in the Officiq Gazette by the Election Commission. I

114. Abatement of petition after appointment of Tribunal.-Where 'a$

election petition abates under section 112 after a Tribunal has been appointef for the trial of the petition, notice of the abatement shall be published in ih( Official Gazette by the Tribunal.

115. Substitution on death of petitioner.-After a notice of the abatement 4 =.election petition is published under section 113 or section 114, any perso! who might; himself have been a petitioner may, within fourteen days of sucl publimtion, apply to, be substituted as petitioner and up011 compliance wit +he conditions d section 117 zs to security shallbe entit14 to be so s~lbstit,ute, 1 and $0 continue the proceedings upon such terms as the Tribunal may thiilk fit. 4

f

i 1

. -- :I , - .. - - 283 s 19 Repre ien ta t ion of t h e People 3 $5

116. Abatement or substitution on death of respondent.-If before the con- ffiion of the trial of an ~lection petitioii, the sole respondent dies or gives notice a t he does not intend to oppoae the petition or any of the respondents dies err res such notice and there is no other respondent who is opposing the petiqon, 3 Tribunal shall cause notice of ~ u c h event to be published in the Officit3.4e .eette, and thereupon any person who might have been a petitiolier may,, E n fowieen days of such publication, apply to be substituted in place of. :h respondent to oppose the petition, and shall be entitled t o conilnue t h e weedings upon such terms as the Tribunal may think fit.

I Costs and securi ty for costs i

117. Deposit of security.-The petitioner shall enclose with the petition &

ssrnment Treasury receipt showing that a deposit of one thousand supeesc. I been made by him either in a Government Treasury or in the Reserve nk of India in favour of the Secretary to the Election Commission as- urity for the costs of the petition. 118. Further security for costs.-During the ccurse of the trial of tt.n election I

ition the Tribunal may at any time call upon the petitioner to give such ' %her security for costs as it may direct, and may, if he fails to do so, disrnis~.

petition. 119. Security for costs from a respondent.-No person shall be entitled to 13& MI^ as a respo~dent under sub-section 71) of section 90 unless be has given-, B,security for costs as the Tribunal may direcb, 1W. Cost$.--(1) Costs including pleaders' fees shall be in the digcretion of thm bmal.

(2) The Tribunal may allow interest on costs at a rate not exceeding threa c e n t . per a n n u m , and such interest shall be added to the costs.

lgl. Payment of costs out of security d'eposits and return of such 8eposits.-- If in any order as to costs under the provisions of this Part there is..

irectron for payment of costs by any party to any person, such costs shall, if g have not been already paid, be paid in full, or so far as possible, oub of security deposib a d the further security deposit, if any, made by ~ u o h

iy under this Parb, on an application made in writing in that behall withtn 3riod of six months from the publication of such order under section 106; tho Election Commission by the person in whose favour the costs have i awarded.

(2) If there is any balance left of'any of the said security deposits after pay- . - '

kt under sub-section (1) of the costq referred to in that sub-section, such,. ace, ,or where no costs have been awarded or rio application as dmesaid:- , been made within the said period of six months, the -whole of the sai&

lrity deposits, may on an application made in that behalf in writing to.:. ~Ele&+bn Comnlission by the person by whom the deposits have been mads, f such person dies after making such deposits,. by the legal representativs- ,uch person, be retiurned to the said person or to his legal representative, tie case may be.,

122. Execution of orders as to ~OstS.--Any order as to costs under t h e isions of this Part may be produced before the principal civil court of 01-iginal :diction witbin the local limits of whose jurisdiction aDy person directed by;

order to pay any sum of money has a place af residence or business, or re such place is within a presidency-town, before the court of small causes* ng jurisdiction them, and such court shall executs the order or cause the- a to be ,executed in the same manner and by the same procedure as if?$ I a deoree for the payment of money mada by itself in a suit:

Provided that where any such costs or i ny portion thereof may be recovered -by an application made under sub-section (1) of section 121, no application ahdl he under this section within a period of six months from the date of publiaa-

*$iion of such order under section 106 unless it is for the recovery of &he balmce of any costs which has been left unrealised after an application baa bee:\ nlade under that sub-section owing to the insuffici+ncy of the amoun* of

$he securily deposits referred to in that sub-section.

PART V I I

CORROPT. AXD ILLEGAL PRACTICES AND ELECTORAL OFFENCES \ CHAPTER I

123. Major colrupt practices.-The following shall De deemed to be corrup practices for the purposes of this Act:-

(1) Bribery, that is to say, any gift, offer or promise by a candidate or hi ogent, or by any other person with the connivance of a candidate or his agent, c ,any gratification to any person whomsoever, with the object, directly or indireotlg ~f inducing-

(a) a person to stand or not to stand as, or to withdraw from being, [

candidate at zt~ election; or

( b ) an elector to vote or refrain from voting at an election, <or as a 1-sward to-

(i) a person for having so stood or not stood, or for having withdraw his candidtiture; or

(ii) an eleckr, for having voted or refrained from voting.

Explanation.-For the purposee of this clause the, term "gratifico@on" 1 mot restricted to pecuniarp gratifications or gratifications estimslble in monej -and it includes all forms of entertainment and all forms of employment fc seward; but it does not include the payment of any expenses bona fide incurre ,at , or for the purpose of, any election and duly entered in the return of eleotiu -expenses referred to in section 76.

(2) Undue influence, that is 'to say, any direct or indirect interference (

&tempt 40 interfere on the part of a candidate or his agent, or of any o*' person with the connivance of the candidate or his agent, with the free e x a &

-- ,~of any electoral right:.

Provided that-

(a) without prejudice to the generality of the provisions of this olausc . m y sucb person as is referred to theri?in who-

(i) threatens a.ny candidate, or any elector, or a.ny person in who; a oandidk$e or a.n elector is interested,, with injury of an2 kiq including socia.1. ostracism a'nd excommunica.tion or expulsion fro] ally oa~t;r3 or community; or

(iz) induces or attempts to induce a candiQate or sp eleobr 1 -believe that he, or any person in whom he is interested, will beoon or will be r6nhred an object of divine displeasure 6r spiritual oe: Sure, I . shall be deemed to interfere with the free exercise of the zlectoral ri$

-of such candidats or elector within the meaning of this clause; I

195 epresentation of the People 3 5,>

( b ) a declaration of public policy, or a promise of public actiod, or the mere exercise of a legal right without intent to interfere with an electoral, right, s h d l -no$ be deemed ts interference within the meaning of this- 01&use5 !

(3) The proouring'or abetting or attempting to procure by a candidate or his, 3nb, or by any other person with the connivance of a candidate or his agent, the plloation by a person for a ballot paper jn the name -of any other person, . lether living or dead, or in a fictitious name, or by a person for a ballot papea his own name when, by reason of the faot that he has already voted in the- ne or some other oonstituency, he is not entitled to vote. F

(4) The removal of a ballob paper from the polling station during polling ure by a oandidate or his agent, or by any other person with the 'connivanos. a candidate or his agent. - .(6) The publication by a candidate or his agent, or by any other person with,

B oonnivance of the candidate or his agent, of any statement of faot which is. he, and whiob he either believes to be false or does not believe to be true, irt~ rtion to the personal character or conduct of any candidste, or in wlntion ta, 3 oandidature or wit.hdrawa1 of any candidate, being a statement reasonably lculated to prejudice the prospects of that oandidate's election. (6) The hiring. or procuring, whztber on payment or otherwise, of any vehiole- vessel by a candidate or his agent or by any other person with the conni-

nce of a candidate or his agent for the conveyance of any elector (other +hapc e candidate himself, the members of his family or his agent) to or from any lling station provided under section 25 or a place fixed under sub-section (1). section 29 for the poll: Provided that the hiring of a vehiclo or vessel by an elector or by.wverei:

~c tors a t their joint costs for the purpose of conveying him. or them to OB.

Brn any such polling station or place fixed for the -poll shall not be deemed.. .. be a corrupt practice under this clriu~e if the vehicle or vessel so hirsd is.

vehicle or vessel not propelled by mechanical power:

Provided furthar that the use of any public transport vehicle or vessel ap. ;V tramoar or railway carriage by any elector at his own cost for the D q o s e going to or coming from any such pollicg station or place fixed for the PO% all not b'e deemed to be a corrupt practice under this clause.

Explumation.-In this clausa, the expression "vehicle" means any vehicis cd or capable of being used for the purpose of road e n s p o r t , whether pro- iled by mechanical power or otherwise, and whether used for drawing o t h e ~ hicles or otherwise. (7) The incurring or authorising by a candidate 6r hie agent of expenditure, or I' ,

3 employment of any person by a candidate or his agent, in contravention of is Act or of any rule made thereunder. (8) The obtaining or procuring or abetting ar attempting to obtain or procue a. candidate or his agent or, by any other person with the connivance of a

ndidate or his agent, any assistance for the furtherance of the prospects of the ndid'ate's election from any person serving under .the Government of India 91%

e Government of any State other than the giving of vote by such person,

EzpEana?ion.--For the purposes of this clause-

(a) a person serving under the Government of India shall not include any person who has been declared by the Cgntral Gowrnment to be a person to whom the provisions of this clause shall not apply;

(b) a person serving under the Government of any State shal1,include 6: patwari, chaukidar, dafedar, znildar, shanbagb, karnam, talabi, talari, patil, village munsif, village headman or any other illa age officer, by.

Rep~esentaiion of the P-eople [ACT XLII

me he is called, employed in that State, whether the offiat - he holds is a whole-time office or not, but shall not include any pen301

(other than any such villagz officer s\s aforesaid) who has been declared b; the State Government ,to be a person to whom the provisions of this alaum shall not apply.

124,'hinor corrupt practices.-The following shall also be deemed kb b ~ o r r u p t practices for the purposes of this Act:- .

(1) Any act specified in clauses (1) to (8) of section 123, when dons by I ,perscli who is not a candidate or his agent or a person acting with the canniv anca of a candidate or his agent.

(2) The application by a person a t an election for a ballot paper in the name c +any other -person, whether living or dead, or in a,fictitious name, or for a ball0 paper in his own name when, by reason of the fact that he has aJready votec rgn tho same or some ohher constituency, he is not entitled to vote.

(3) The receipt of, or agreement to receive, any gratification whefier se motive or a reward-

(a) by a person for standing or not standing as, or for withdrawiq from being, a candidate; or

(b) by Gny person whomsoever for. himself or any other person £0 voting or refraining from voting, or for inducing or abtempting to indua any elector to vote o r refrain from voting, or any candidate to withdrs~ his candidature.

Explanation.-For the purposes of this clause the term "gratification" b ,$he same meaning as it has for the purposes of clause (1) of section 123.

(4) The making of any return of election expenses which is false in any ma& .rial particular, or the making of a declaration verifying any such return. -

(5) The systematic appeal to vote or refrain fimm voting on grounds of cw& -race, commui~ity or religion or the use of, or appeal to, religious and nation1 symbols, such as, the national flag and the national emblem, for a s &&a .ance of the prospects of a candidate's election.

1 Llegal practices

125. Illegal practices.-The following shall be deemed .$o be illegal pra-bcs ,for the purposes of ta Act:-

(1) The incurring or authorisation by any person other bhan a candidate or hj --agent of expenses on account of holding any public meeting, or upon m y adva tisement, circular or publication, or in any other way whatsoever, for the pm pose*of promoting or procuring the election of the candidate, unless he h suthc

frised in writing so to do by the candidate.

Explanation.-Any such expenses as aforesaid incurred or authorised by an .institution or orgznisation for the furtherance of the prospects of the eleutio ,-of a candidate supported by such institution or organisation shall not be deem ed to be expenses incurred or authorised within the meaning of this clause.

(2) The hiring, using or letting, as a committee room or for the purpose of an, .meeting to which electors are admitted, of any building, room or other plae .where intoxicating liquor is sold to the public.

(3) The issuing of any circular, placard or poster having a reference k th election which does not bear on its face the Dame and address of the printer a1 $publisher thoroc)f.

- . -.- -

19511 Rep~ese?ztai!ion of the People

CHAPTER IIJ

,Electoral offences I 126. Prohibition of, public npeetings on the election day.+) No pee eon^

I

ndl convene, hold ox attend any public meeting within any constituency oo $e.date or dates on which a poll is taken for an election in that constituenoy,

I 1

(2) Any pe>son who contravenes the provisions of sub-section (1) shall br i unishable with fine which may extend to two hundred and fifty rupees. 1

I

127. Disturbances at election meetiiga.-(1) Any person who a t a pabli8, leeting to which this section applies acts, or incites..otbrs to act, in a dis- rderly mdnner fo; the purpose of preventing the transaction of the business ,r which the meetag was called together, shall be punishable with fine whioh lay extend to two hundred and fifty rupees.

(2) This section applies to any public meeting of a political oharacter held n RUJ constituency between the date of the issue of a not5odiion under ,%fis ccl; calling upon the constituaucy to eIect a member or members and the dab n which such electi6n is held.

(3) If any police officer reasonably susppcts any person of o o m m i t j j ebn aflence under sub-section (I), he may, if requested so to do by the chairman f the meeting, require that person to declare to him immediately his name 4d address a d , if that pezTon refuses or fails so to declare his ll~wae and. ddress, or if the police officer reasonably suspects him of giving a false name ' r address, the police ofGcer may arrest him without warrant.

128. Maintenance of secrecy of voting.-(1) Every officer, olerk, agenb CYZ

,ther person who performs any duty in connection with the recording or wunb og of votes at an election shall maintain, and aid in maintaining, the seoreq - ,f the voting and shall not (except for some purpose authorieed by or under q sw) communicate to any person any information calculated to violate su& ecrecy.

(2) Any person who contravenes the provisions of sub-seotion (1) shall be tunishable with impiisonment for a t e ~ which may extend to three month8 'r with- fine or with both.

129. Officers, etc., at elections not to act for candidates or to influsnce 'oting.-(1) No person who is a Returning Officer, or an Ahssietant Returning jfficer, or a presiding or pollitlg officer at an election, or rn oficer or dak ipp6inted by the Returning Officer or the presiding officer to perform any duQ - n oonnection with an election shall in the cooduct or the management of t h e Lection do any act (other than the giving of vote) for the furtherance of the )respects of the election of a candidate. ..

(2) No such person as aforesaid, and no member of a police force, shaU nd ewour--

(a) to persuade any person to give his vote at m election, or ( b ) to dissuade any person from giving his vote a t an election, or

( c ) to influence the voting of any person a t an election in any manner.

(3) Any person who contraveces the p r o ~ i ~ i 0 ~ S of s.lb-sectio11 (1) or sub- ,ectirm (2) shsll be punifil~nble with impi-isonment which may extend to rJiP; oonthe or with fine or with both.

-30. Prohibition of canvassing in or near polling stations.-(1) No person hall, on the date or dates on which a poll is taken a t any polling station, ommit any of the following acts within the polling station or in any public

Representation of the People [ACT YLIIET

or private place within a distance -of one hundred yards of the polling station, namely : - 9

(a) canvassing for votes; or .e

( b ) soliciting the vote of any elector; or

(G) persua.ding-any elector not to vote fo r any patiCulay candidite,; 03

(d) persdading any elsctdr not to vote a t the klection; or

(e) exhibiting any notice or sign (other than an official notice) relating to the election.

(2) Any person who contravenes the provisions of sub-sectlon (1) shall be .punishable with,fine which may extend to two hundred and.fifty rupees.

. (3) An offence punishable under this section shall be cognizable.

191. Penalty for disorderly conduct in or near polling stations.-(1) No persoa shall , on the date or dates on whiph a poll is taken a t any polling station,-

(a) use or operate within or a t the entrance of the polling station, or in any public or privhte place in the neighbourhood thereof, any apya ra tu~ for amplifying or reproducing the human voice, such as a megaphone ox a Ioud speaker, or

(b) shout, or otherwise act in a disorderly manner, within or a t the entrance of the polling station or in any public or private place i n ths xrzighbo~lrhood thereof,

m tu to cause annoyance to any persoil visiting the polling station for the poll, o~ so as to interfere with the work of the -officers and other persons on dutg a$ the polling station.

(2) Any person who contravenes, or wilfully aids or abets th.3 con$raveni5@ a£, the provisions of sub-section (1) shall be punishable with in~prisonrnen whbh m a y extend to three months or with fine or with both.

(3) Jf the presiding officer of a polling station ha;s reason to believe that a n j p n is committing lor has committed an offence punishable under this section, he may direct any police officer to arrest such person, and hereupon the polics @3wr shall arrest him.

(4) Any police officer may take such steps, and use such force, as may bc reasonably necessary for preventing any contravention of the provisioiis of sub. section (I), and inay seize a,ny apparatus used for suce contravention,

132. Penalty. for misconduct a t the polling station.--(l) Any person whc d w h g the hours fixed for the poll a t any po)ling station :niscondlicts himsel or fails to obey the lawful directions of the presiding officer m;ly be removed fro= Phe polling station by the presiding officer or by any police officer on duty or b: any person authorised in this behalf by such presiding oatiaer.

(a) The powers conferred by sub-section (1) shall not be exercised so as t i prevent a.11~ elector who is. otherivise entitled t,o vote n,t ~1 po!lli?g station fron having an opportunity of voting a t that fitation.

(3) If zay person who has been so removed from a p.)lllng s:.ation re-enter the polling static11 without the permission of the presiding officer, he shall b

punishable with inlprisonment for a term which may extend to three month^ sr with fine or with both.

! (4).An offence punishable u d e r sub-section, (8) shall be cogpizeble,

1 i

1 .

.951] Represelztatiolt of the People

133. Penalty for 'illegal hiring or procuring of conveyances at el person is guilty of any such corrupt practice as is specified in clause (6) of

;ion 123 a t or in connection 66th an election, he shall be punishable with which may extend to two hundred and fifty rupees.

134. Breaches of official duty in connection with elections.-(1) I f any aon to whom this section applies is without reasonable cause guilty of any aot )mission in breach of his official duty, he shall be punishable with fine which y extend to five hundred rupees. (2) No suit or other legal proceedings shall lie against any such person for iages in respect of any such act or omission as aforesaid, (3) The persons to whom this section applies are the Electoral Registration cers, Returning Officers, Assistant .Returning Officers, presiding officers, ling officers add any other person ap oillted to perform any duty in connection b the preparation of an electoral h, the . receipt of nominations or with- wal of candidatures, or the recording or counting of'votes a t an election; and .expression "official duty" shall for the purposes of this section be construed ordingly, but shall not include duties imposed otherwise than by or under I .4ct or by or under the Representation of the People Act, 1950 (XLIII of 01. 135. Removal of ballot papers from polling 'station to be an offence.-(1) y person who a t any election fraudulently takes, or attempts to t&e, a ba l ld per out; of a polling station, or wilfully aids or abets, the doing of any such ac6, ,11 be punishable with imprisonment for a term which may extend to one year with fine which may extend t6 five hundred rupees or with both. (2) If the presiding officer of a polling station has reason to believe tha t any

won ia' committing or has committed an offence punishable under sub-section , such officer may, before such person leaves the polling station, 6i.rest or ect a police officer to arrest such person and may search such person or cause n to be searched by a police officer: Provided that when i t is necessary to cause a woman to be marched, the

rrch shall be made by another woman with strict rbgard to decency. (8) Any ballot gaper found upon the person arrested on search shall be

~ d e over for safe custody to a police otscer by the presiding officer, or when the ~ r c h is made by a police oficer, shall be kept by such officer in safe custody. (4) An offence punishable under sub-section (1) shall be cognizable. 136. Other offences and penalties therefor.-(1) A person shall be guilty of electoral offence if a t any election he-

(a) fraudulently defaces or fraudulently destroys any nomination paper; or I

(b) fraudulelltly defaces, destroys or removes any list, notice or other document affixed by or under the authority of a Returning Officar; or

(c) fraudulently defaces or fraudulently destroys any ballot paper or the oficial ma,rk on any ballot pixper or any declaration of identity or official envelope used in connaction with voting by postal ballot; or

(tl) without due authority supplies any ballot paper to any person; or

(e) fraudulelltly puts into any ballot box anything other than the bhllot paper which he is authorised by law to pu t in ; or

(f) without due authority destroys, takes, opens or o th~rwise interferes with .any ballot b ~ x QT hallat paperg then in use for the purposes of t b ~ election; or

L69 IYI of Law

40 290 Representation of t he People c . 4 ~ ~ PLiIP

(8) fraudulently or wihhout due authority, as the case may be, attempt^ to do any of the forzgoing acts or wilfully a5ds or abets the cloing of an3 such b'cts.

(2) Any person guilty of an electoral offence under this section shall-- (a) i f he is a Returiling Officer or an Assistant Returning Officer or ,

presiding officer a t a polling station 'or any other officer or clerk employec on official duty in connection with the election, be puilisbable with im, prisonment for a term which may extend to two years or with fine oi with both;

(b) if he ia any other person, be punishable with imprisonment for c - term which inzy extend to six months or with fine or with both.

(3) For the purposes of this section, a person shsll be deemed t o be 011 officia duty if his duty is to take part in the c o f i c t of an election or p a ~ t of an electior including the counting of votes or to be responsible after an election for the usrs ballot papers and other documents in connection with such election, but th expression "official duty" shall not inchide any duty imposed otheimise tha! bg or under this Act or by or under the Repreeentation of the Pe.ople Act, 1861 (ALIII of 1950).

(4) An offence punishable under clause ( b ) of sub-section (2) sl~nll b cogniz~abl e.

137. Prosecution regarding certain ofIenceS.-(1) If the Election Comrnis sion or a Regional Commissioner appoinied under clause (4 ) of article 324 c the Chief Electoral Officer of the StaOe has reason to believe that any offenc punishable under section 129, or under section 134 or under clause (a) of sut section (2) of section 136 has been committed in reference to any eleotion with in a State, it shall be the duty of the Election Commission, tbe Regional Conr

- missioner or the Chief Elecbral Officer, as the case may be, to hause suc iqquiries to ba made and such prosecutions to be instituted as the circ~~mstanct

' of the case may appear to i t or him to require.

(2 ) No court sball take cognizance of any offence pl~nishable under sectio 129 or under section 134 or under clause (a ) of sub-section (2) of section 1E unless there is a complaint made by order of, or under authority from, t k Election Commission or a Regional Commissioner appointed under clause (' of arblcle 324 or the Chief Electoral Officer of the State concerned.

' 138. Amendment of Act V of 1898.-In the Code of Criminal Procedur

1898-

(a) in section 196, a,fter the word and figures "section 127", t l words, figures and lett,er "and section 171F, so far as i t relates to tl offence of personation" shall be inserted;

( b ) in Bchedule II- (i) in the entry relating to section 171F of the India,n Penal Cot

(Act XLV of 1860). from the paragraph in column 2, tha words "ax . ' persons,tion" shall be omitt,ed;

(ii) after the paragraph in column 2 of the said entry as : amended, the following paragraph s l~a~l l be inserted, namely :-

"Personation a t an election. " ; (iii) in column 3, opposite tha paragraph jnsertetl by sub-clau

(i t) , the followiiig paragraph shall be inserted, namely:-- "May arrest without warrant." ;

'(iv) i 7 columns 4 , 5, 6 , 7 and 8 , opposite the paragraph insert, by sub-clause (i i) , the word "Ditto" shall be inserted;

19511 Represe~~totion of Gze People , 41 . i

291 i (.u) in llie entry relating to section 171G of the Indian Penal Code,

-in column 3, for the word "Ditto" the nrords "shall not arrest without warrant" shall be substituted.

<

PART V l I I , . I

L)IYQUALIFICATIONY 1

CBAPTEH 1 Disqualifications for membership

139. Offences entailing disqualification.-(I) The followiilg offeilces shall ,ail disqualification for membership of Parliament and of , the Legislature of e r y State, namely:-

(a) offences punishable with imprisoilment under section 171E or section 171F of the Indian Penal Code (Act XLV of 1860), and

(b) offencas punishable under section 135 or clause (a) of sub-section , (2) of section 136 of this Act.

(2) The period of such disqualification shall be six years from the date of 3 conviction for the offence.

140. Corrupt and illegal practices entailing disc~ua1ifIcation.-(1) The follow- /

; corrupt or illegal practices relating to elections shall entail disqualification membership of Parliament and of the Legislature of every S t a b , mmely:-- -

(a) corrupt practices specified in section 133 or section 124, and (b) illegal practices specified in section 125.

(2) The period of such disqualificatiol~ shall be six years in the case of tt. cor- p t practice, and four years ill the case of an illegal practice, Countillg from e date on which the finding of the Election Tribunal as to such practice takes ect under this Act.

CHAPTER I1

Disqualifications for voting 141. Disqualification arising out of conviction and corrupt practices.--I£ m y

rson after the commencement of this Act-

(uj ia convicted of an offence punishable with imprisonment undar aec- tion l ' i lE or section 1713' of the Indian Penal Code (Act XLV of _1860), or of an offence punishable under section 135 or clause (a) of sub-sectim (2) of- swtion 136 of this Act, or

(b) is, upon the trial of a n election petition under Par4 VI, found guilty of any corrupt practice,

shall, for a period of six yekxs from the date of tha conyictioc or. fro111 f ie t e on which such finding takes eftect, be disqualified for voting at any tc tion.

142. Disqualification arising out of illegal practices.-If, in relation to any ,ction, any person is, upon the trial of au election petition under Par t VI, lnd guilty of any illegal practice, he shall be disqualified for voting a t ally :ction for a period of four years from the date on which such finding takes 'eot.

143. Disqualification arising out of failure to loclge return of election penses.-If defaults is made in m:tking the return of the election expanses of g person who has bocn nominated as a candidate a t an election to which the 3visio:~s of C:I~apter VI I I of Par t V apply, or if such a return is found, either on the trial of an election petition, under Part V I or by any court in a judi- tl proceeding, to be false in any material particular, the candidate and his

l - - 292 42 - Rep~.esentation of the People ACT XLI' - election agent shall be disqualified for voting a t any electioil for a period c five years from the date by which the return was required to be lodged.

144. Removal of disquali5cations.-Any disqualification under this Chnptc may be rernovad by the Election Commiss~on for reasons to be recorded by it i writing.

Other disqualifications 145. Disqualiflcation for being an election agent.--Any person who is f~

the time being disqualified under the foregoing provisions of this Par t for beil s member of either House of Parliament ar the House or either House of tl Legislature of a State. or for vuting a t elections, shall, so long as the disqua fication subsists, also be disqualified for being an election agent at ax electicjn

146. Disqualification for holding certain offices.-Any person who- (a) has been convicted of an offence pullishable with imprisoilme

-under section .l71E or sectioil 171F of the Illdial1 Penal Code (Act XLV 1860), or of an offence punishable under section 135 or clause (a) of su section (2) of section 136 of this Act, or

(b) has been disqualified from exercising any electLoral right for period of not less than five years on accouilt of any corrupt practices connection wi th an election,

ahall be disqualified for six years from the date of such conviction or disqua Boation from-

( i ) beinp appointed to, or acting in, m y judicial office; (ii) being elected to any ofice of any local authority when the appoii

ment to such office is by election, or holding or exercising any such office which no salary is attached;

(iii) being elected or sitting or voting as a member of any local autf r i b ; or

(ivj being appointed or acting as a trustee of a public trust: Provided that any disqualification under this section may be removed by t

klection Commission for reasom to be recorded by i t in writing.

PART 1 X BYE-ELECTION s

147. Casual vacancies in the Council of States.-When before the expiratl of the term of office of a member electcd to the Council of States, his 81 becomes vacant or is declared vacant or his election to the Council of Sta is declared void, the Electioil Commission shall by a notificatioil in the Gaze of India call upon the elected members of the Legislative Assembly or f

:& '*kmembers of the electoral college c o n c e r n e d d . . -3, as the case may be, to elect s person for the purpose filling the vacancy so caused before such data as may be specified in the nq fication and the provisions of this Act and of the rules and orders made the under shall apply, as far as may be, in relation to the electioil of a memi to fill such vacancy.

148. Casual vacancies in the electoral colleges for certain Past C States When the seat of a member elected to the electoral collegs for a schedu' Part C State becomes vacant or is declared vacant or his election to such elec ral college is declared void, the filcction Cotnmission shall, by a notification in Gazette of India, call upon the Council of States constituency concerned to el. a pelsson for the purpose of filling the vacancy so caused before such dat,e

;)F 19511 . Represelz ta t ion of t h e Peop le

lnay be in tihe nutification, and the provisions of thiu Acb and of the I

k$es and ode r s made thereundzr shall apply, as far as may be, in relation I to qhe election of e member to fill such vacancy. I

&49. Casual vacancies In the Eouse of the People.-(1) When the seat of a member elected to the House of the People becomes vacant or is declared vacmt or his electio~l to the House of the People is declared void, the Eleotion Commission shall, subject to the provisioils of sub-section (2), by, a notification in the Gazette of India, call upon the Parliamenta1.y collstituency concerned , I

tp elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and' of the rules and orders made thereunder shall apply, as far as may b\e, in relation.-to the election of a membar to fill such vacancy.

(2) If the vacanoy so caused be a vacancy in a seat reserved in any suoh cons t i t ue~ l c~ for the Scheduled Castes or for any Scheduled Tribes, the notifi-. cation issued uiider sub-section (1) shall specify that tlie person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the oase may be.

150. Casual vacancies in the State Legislative Assemblies.-(1) When the .

seat of a member elected to the Legislative Assembly of a State becomes vacant or is declared vacailt or his electioil to the Lcgi'slative Assembly is declared void, tho Election Coi~l~nission shall, subject to the provisioils of sub- section (?), by a riotifios~tion in the Official Gazette, call upon the Assembly, mnstituenoy concerned to elect a person for the purpose of lilling lhe vacttncy so caused before such date As may be specified in the notification, and the pro- I

vieions of this Aot and of the rules and orders made thareunder shall apply, as far as may be, in relation to the election of a mernber to fill such vhcancy.

(2) ii the vacancy so caused be a vacancy in a seat reserved ill ally such constituency 'for the Scheduled Castes or for ally Scheduled Tribes, the notjfi- cation issued uiider sub-section (1) shall specify that the person to fill that seab shall bclong to the Scheduled Castes or to such Scheduled Tribes; as the

' case may be.

151. Casual vacancies in the State Legislative Councils.-When before the I I

sxpiration of the term of oftice cf a member elected to the Legislative Council of a State, his seat becomes vacant or is declared vacant or his election $0

1 the Legislative Council is declared void, the Election Commission shall, by a i notification in the Official Gazette, call upon the Council constituency concerned

,.or the ma lbe r s of the Legislative ~ s s e m b l y of the State, as the case rnay be, to elect a person for the purpose of filling the vacancy so caused, before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall applg, as far as inay be, in relation to the election of a member to fill such vacancy.

PABT X

MISCELLANEOUS

152. List of members of the State Legislative Assemblies and electoral '

colleges and of elected members of the Goorg Legislative Council to be maintained by the Returning Officers concerned.-(1) The Returning Officer for an election by the elected members of the Legislative Assenlbly of a State to .fill a seat or seats in the Council of States cw for an election ,by the members of the Legislative Assembly of a State to fill a seat 01- seats in the Legislative Council of the State shall, for the purposes of such election, maintain in his cffice in the prescribed manner and form a list d elected members or a list of members, as t6e case may be, of that Legislative Assembly.

Representat ion of the People

(3) The lieturning Officer for an election by the members of the electoral co!legc Iar a Part C State or group oi such States- . . t; fill a seat or seats i-n the Council of States sll~ill, for the purposes of such election, maintain in his ofEce in the prescribed

(3) Copies of the lists referred to in sub-sections (1) and (2) shall be made available for sale,

153. Extension of time for completion of election.-(1) I t shall be com- petellt for the Election Commission for reasons which i t considers sufficient to srtrrld the time appointed by such Commission under the provisions d? sub- section (1) or sub-section (2) of section 12, or section 13, or section 15, or section

- 17 or sub-section (1) or sub-section (a) of section 18 or under any of the pro- r islous of Par t IX for the completion of any election.

(2) When the time for the colnpletion of any election is 80 extended, ihhe i'rcsudent or the Goverl~or or Bajpraalulrh of thc State or the Election Commis- sion, as the case may be, shall by notification in the Offizial G a ~ e t t e m&e the ut3ccssnry amendments in the notification issued in respect of such electiori u.lJar any of tha provisions referred to in sub-section (I).

154. Term of office of members of the Council of ~ t a t e s . A l ) The term of s-)fice of a member elected to fill the seat in the Council of States to be filled by tho represelltative of the States of Ajmer znd Coorg and of a member elected te fill the seat ill that Council to be filled by the representative of the Sttiten o!! Manipur and Tripura, other than a member chosen to 611 a casual vacancy in either of those seats, shall be two years.

(2) Subject as aforesaid, the term 01 office of a inember of the Qouncil of btates, other than a member chosen to fill a casual vaoancy, shall be six y e w , but upon the first constitution of the Council of States the President shall, after consultation with the Election Commission, make by order such provisior ae he thinks fit for cu?tailing the term of office of some of the menlbers then chosen in order that, as nearly as may be, one-third of the members ho!ding seats of each class shall retire in every second year thereafter.

(3) A member chosen to fill a casual vacancy shall be chosen to serve fo: the remainder of his predeoessor's term of office

155. Cornmencement of the term of office of members of the -Council of 'States.-(1) The term of office of a member of the Council of States whose name is required to be notified in the Offiaial Gazette under section 71 shall begin on the date of such notification.

(2) Til2 tern1 of oEce of a member of the Coullcil of St'ates whose name is not requirzd to be notified under section 71 shall begin on the date of publication in the Official Gazette of the, declaration containing the name of s r ~ c h person as elecled under section 67 or of the notification issued under sub-clause

. ' (a) of cliiuse (1) of article 80 or under ally other provision ailnou~icing the nomi:lntion of such parson to tlie.Counci1 of States, as the ease may be.

156. Term of office of members of State Legisla.tive Councils.-(1) The term of otiice of n member of the Legislative Councii of a State, other than a mem- - ber chosen to fill a cnsi~al vacancy, shall be six years, but upon the first const,itution of the Co~lilcil Lhe Goverilor or tlle llajpramukh, as the case nlay be. shall, d t e r co!lsultation with t'ne Election Cornmiasion, malie by 'order 'such provision as h e . thi11l.s fit fm curtailing the tern1 of office. of some of the members then chosen in order that , as nearly as may be, one-third of the members holding seats of each class shall retire-in every second year thereafter.

,F 19511 Representation of :%he. @opte \.& L> ->

(2j A merrlber chose11 to fill a casual vacancy shnll be chosen to serve for the 1.emaiilder of his predecesso~.'s term of ofice.

, 157. Oommencement of the term of office of members M the Legislative :ouncils.-(1) The term of office of a member of the Legislative Couilcil of a 3tate whoec name is required to be notified in the Official Gazette under seetion 76 sliall begin on the date of such notification.

(Z: The term of office of a member 3f the Legislaiive Council of a State ivhose iiame is not required to be notified under section 75 shall begin on the iate of publication in the Official Gazette of the declaration containing the - iamo of sucll person as elected under sectioll 67 or of the notification issued mder sub-clause (e) of clause (3 ) of article 171, announcing the noinination ~f such rierson to the Council, as the case may be.

158. Return or forfeiture of deposits.-(1) If a candidate by whom or on hose behalf the deposit referred to in section 34 or i11 that section read with mb-section (4 ) of sectioil 39 has been made withdraws his candidature in the nanner and within the time specified in sub-section (1) of section 37 or in that rub-sectiou read with the said sub-section (4), or if the nomination of any tuch candidate is rejected, the deposit shall be returned to the person by . rhom it pias made and, if any .candidate dies before the con~mencement of the 3011, any such deposit, if made by him, shall be returned to his legal represen- ative or, if 1106 made by the candidate, shall be ret+urned to the person by xhom i t was made.

(2) If a candidate nominated under seclioil 32 Ly wliom or on whose behalf I deposit has been made under section 34 is not elected, and the number of rotes polled by him does not exceed one-sixth of the total number of votes lolled or, in the case of a constituency returning inore than one member, one- rixCh of the total number of votes polled divided by the total number of mem- Jers to be elected, the deposit shall be forfeited to the appropriate authority.

(3) For the purpose of sub-section (a), the n~lmber of votes polled shall be leemed to be the number of ballot papers, other than rejected ballot papers, ounted.

(4 ) The deposit m a d e by or on behalf of a ca.ndid.ate under section 31 or mder that section read with sub-section (4) of section 39- shall, where it is not iorfeited under sub-section /2), be returned to such candidate or to the person ivho has made the deposib on his bel~alf, as the case m,ay be, after the pubh- :ation of the result of the electioil in the Official Gazette:

Provided that if a candidate is duly nominated a-t a general election in more hall one Parliamentary con~t~ituency or Council of States constituency or- Bssembly constXt~ency, not more thail one of the dcposits inade by hiill or OD

his behalf ~ h a l l be returned, and the remainder shcll bB forfeited to the appropriate authority :

Provided further that if a candidate is duly nominated a t an election in more han one Council cmstituencg or a t an election in a Council constituency and an :lection by the members of the Sta.te Legislative Assembly to fill seats in the State Legislative Council, not more than one of t,he deposits made by him or on his behalf shall be rsturned, and the remainder shall be forfeited to the State Gcvernment.

159. Staff Of every local authority to be made available for election work.-- - Every loca,l authority in. a. State shnll, when so requested by t he Election Com- ~ i s s i o n or 'a Eegional Commissioner appointed under clause (4) of article 324 or the Chief Electoral Offlcer o f the State, mr,lie available t,o anfTLeturniilg Oficer guch staff as may be, secesary for t,he performance of an: duties in conne.ctia:i with a.n election.

R e p r e s e ~ z t a t i o ~ z of t h e Psop ts

160. Requisitioning of premises, vehicles, etc., for election purposes;-(l') If it appears to the State Government that in connection with an election held within the State-

(a) ally premises are needed or nra likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or

(b) any vehicle, vessel or animal is naeded or is likely to be needed for the purpose of t,rrnsport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the concluct of such election, or transport of ally officer or other pcrson for perforinance of any duties in connection with such election,

that Gove~iment may by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders HF may appear to it to be necessary or expedient in connection with the requisitioning :

Provided that no vehicle, vessel or animbl which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll a t such election.

(2) The requisition shall be effected by an order in writing addressed to the parsnn deemed by the State Governmelit to be the owner or person in possession of the property, and such order shall be served in the prescribed mannet on the person to whom it is addressed.

(3) Whenever any property is requisitioned under sub-section (I), the p'eriod of such requisition shall not, extend beyond the period for which such pmperty is required h r any of the purposes mentioned in that sub-section.

(4) In Lhis seotion-

(a) "premises" means a.ny land, building or part of a building and incl~ides a hut, shed 01. other structure or any part thereof;

(b) "vehicle" lnctins any vehicle used or capable of being used for the purpose o t road transport, whether propelled by mechanical power or otherwise. 161. Payment of co~mpensation.-(1) Whenever in pursuance ?f section

160 the State Uovernmellt requisitions any premises, there shall be paid t c the persoils interested compensation the amount of which shall be determined by taking into cor\sideralion the following, namely :-

(i) the rent payable in respect of the premises or if' no rent is so . payable, the rent payable for similar premises in the locality;

(ii) if in consequance of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidents1 to such changa:

Provided that where any person interested being aggrieved by the amount of conlpensation so determined rn;?lii=c an application within the prescribed time to the Stato Govcri~ment for reLerring the mahZer $0 an arbitrator, %he amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government ntay determine:

Providcd further that w h e r ~ there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the State Governmellt to an arbitrator appointed in this behalf by that Govern~nent for determination, and shall be determined ir, accordance with the decisisn'of such arbitrator.

.,

F"- i r 1 I i* , !OF 1951) Repvcsentatzoa of the People 29.7 *?

! Ezplanatlo)t.---1n this sld\-section, the expressio11 "per~on interostod ' menu& t h e person who was in nctual possesslo!l of the premises requisitioned under

f section 160 i m ~ l i d ~ a t e l y before the requisition, or where no person wns iu such j w t u s i possession, the owner of such pmmises. , /p g:. ,. (2) Whenever in pursuance of section 160 the State Governmenf reqriisitiom .$. any vehicle, 'vessel o r animal, there shall be paid to the owner therod win- @.' pensation the amount of whiah shall be determined by the State Gov~rnxneuti~ i. c ~ n t h ~ ! basis of the fares or rates' prevailing in the locality for the' hire cf sucla' ;G, vehicle, vessel or r~nlmal: - *t":

".,

? P r o v i d e d .. .. tha t where the owner cPf such vehicle vessel or animal being ;I aggrieved by the amount of compensation so determined makes an applii.ahion .i; wi.thi~i tile pre~cribed time to the Staie Government for referring the mattex. ;<. t o an srbitrntor, ttw amount of compensstion to be paid shall be ~ u c h as $he : arbitrfAor up:joinl;ecl in this behalf by the S t a b Government may detsrmine :j

Providei further that wherz immediaiely before tlse requisitioninq the vehicle i or vessel was 1.x rirtue of a hire purchase agreement in the poasessioil of e

pereon ocner than the owner, the amount determined under this sub-section RS the tots1 cc~l~~])c~~satic:n payable in respect of the requisition shrill be apportioned - between t h ~ t person a i d tha owner in such mhnner as they may, agree upon,

: and in 4efauIt of a,m..een~ent, in siich niarmer ns an ~ r b i t r a h r appointed by the * &ate Govarnment ill th!s Llehalf may dwide.

162. Power to obtain information.--The Stnte Government may, with R, view , to req~lisit.oning m y lwcrperty under aect~on 160 or determining the compcusa-

tion psyeble under section 161, by order, require ar,y person to furnisli to such 1 authority as rntip be e!fcu;~'lzd. in the ~ r d e r such information in his possessim . relrlt'ng to such l)znpcrty as may be so srecified.

163. Powers of entry into and inqection of premicies, ate.-31) Any p e m n : authorisecl in this behtrlI k.3 the State Government may enter into any prel~lisee

and inspect sach prc?miscs and any vehicle, vessel or finimal thercin fcr t he purpose of dete~nt.nin,a \rhether, and if so in what manner, an order nnclcr section 160 shonld be made in relation to such premises, vehicle, ~ e s s e l or aninla[, or wit11 a view to securing compli~nee with any order ma4e undzr tl~atl 60CtlO!l.

(2) I n this section, the expressions "premises" and "vehicle" have the same meanings as ill section 160.

184. Eviction from requisitioned premises-(1) Any person remaining llrn possession of any requisitioned premises in contravention of any order ~ r ~ n d e under section 160 may be snmmarily evicted from the prenlises by any cfficor empowered by the State Government in this behalf.

(a) Any &cer so empowered may, after giving to any woman not rcppeaping in pl~blic reasonable warning and facility to ~ v i t h d r ~ ~ v , remove or open any

. lock or bolt or break open any door of any building or do any ether at% necessary for effecting such evi"ion.,

185. Release of premises from r+qnisftiOa.--(l) When any, premises requisie- : tioiie: l uilder stu:t.io~~ 1i iU 2re to be rcicased frorn requi!iitlr;n, t ll,? p,)<srssivl: ti!<re- of shnll be delivered to the person from whom possession was tolien a.t the time when the premises were requisitioned, or if there were no sucli permn. to the persondeemed by the State Government to be the owner of 6itch p r e l l : i i ~e~~ . j and such delivery of possession shnll be a full discharge of the Stnte Govern" : ment fromall linbilit!ies in resnert nf s l~ch rleljvel-V, hut, shnll not prc>judic!e nny i rights in respect of the premises which,. any other. person may be en t i t i d by j process of 1n.v ta enforce against the person to whom possession of the p m m i ~ i is w delired, . . . . . I . .. . - . .. . ,.. .. I -. ., . . -: . : 1

2 9 8 48 -* , . 23eprcsentaCion of the People

rd.l Wherp tho- pason to whom gossesraio+ of. . any premises ~eq!l)d@oRd <;. . ,'

, uddef~ ~dOfibh 160 ' i s to be' given uader -'gub-$ectiori (1) &mot .be .fdri'ri qr $.ej A ' Q O ~ reodily'iisc~rta:Sa.ble or has' no kgant or any other p&reon e:mpo@e?&' 3 . .

ticwpt deliverf;. o h his lu&ha;lf ,: -bhe Eltat;& Govwmment shall' .,cause &w-ii - . Smipg bhat nilch premises are released 'frorn:requi~ftion ,to - be' afixed an' ,f~,m@

oon~piououe .part of,sc& premises and publish the notice in bh? Offictial dr~ra#e, . - . . . . . . . . . . . . I i_ , : ., . . - . . . , -(3\ w.hm a, .no&e referred - go :in sub:-be&tion (2) is:pdbliJ&d -in -the ~ f & & & ' i :. 'i ' . ~ . Q ~ z 6 t t e ; the: premises specified - in iudh nohiae &alE ;cet%b toi be s~b ja& 9 r4quisXon o n and from the dabe .of such. public~ltion-.&& be : d@a&& .b .bavti.i

been delivered to the person enbitled to pas-session:'.thereof; :and - t h s ' F $ ~ k l . - Q o v e ~ e n t , shall pot be liable f o ~ any oomponsqtlqn or other ?him iu reage+ c . : . , . _ : . , . . i d such penrises for any period after the gaid date. : .I. . , ? . . . . . .. . . . . . . . . . .. . . . . . i

. . . . . . : l:

! '(166. ~ele~artion of fu~c t iuns Of ehe S t a b Osvsrnmen% Wfh regard- 4tp;

' pe~rrM;i&!bnhg.---Tfie 8,tate Cfo~ernmemtJ may, by, no&i:.fic~$on in 'the Of 'h i :~ ! 1

. . G&ze@, direot that 'any powers conferred or any datiy imposed ga th~'f i : '%~*~$. ' m n b by-.any of th? pro6si.ons of sections 160 to 165 shall, under such. oondi$lons, j

I; .$f any, EE may be speoXed in f l i e direction, be exercieed or dischargerff,by.-BY&, . . o%oer daas . ~ f officem 6tr-1 m ~ y be eo. spesZd. . . . .

. . - 167. .Pek%lty for. emtravmt-f on of any order regarding .~equi~~tianirr~~--& em :, ' .psraoa.ermtrs;vems any order made undsr seekion 160 or section 162, ha-ahd &e

guniahRtds with i r n ~ i w m e a & - far s'-tsrm whbh may egte4d .h. one xw . . . . wit's.. fine 03: wfhh

! ' . . . . .

. . . . _ lm. Gpecial provi&opss ~ 1 % ~ e s p e t te E11~8 d f&mss Tndlw ' ~ tabs- . Zi fiha R u l e r of a $emer b.disn 8Cte is noaninat& ,Be r .emdidate k r q j

'

deot4on ur:d.cr &&is AaD. Yile provieions of sub-hsebtiion (1) of seetion :mB &$ @e, Cde ef Gvil Praeed~~re, 1808 (Aok V &f 1908) : a n sf sub-s@&tione (23 'an%

, - &!%) of. secMon 107A o,fbbe Code o f Cripinal. Proo~dure, .%888 (ActyV ~f l.Ej-%jS ;. BBSH neb ~.ppIy in ralaDion te awh R,ulsr during the .p,eriod wmm6.nciag. &%&

. - klah of .hi$ norninafii~~ such mnU& md e n h g om &.@ d,&e wkt&

. Bhe-result of Ghe slecbim is publiR'hed u n b r sseBion 67, and shall n o t ~ p p @ $hereafBox in rsiabi~n k 8 . q procwed8.ng~ for qumi6nning f a v#Ud.%y 'w' re,x+ brie of eP!tlo,t<nn ~Gadar Pai& VL d.4ib.i~ A& ez in seldjrm b cny prooeedings againsb eucsh Ruler for any oBence undw Ghepter IX+ of, :h&fn;n Pond. Chde ( h i XLV' of 1860) ~r OCkstptm 'IT-'I.'mf Pmh V H of A& alIeged to havo been oommitied by him a4 or in connooion M t h .sudh .ciEe@onX

tit),' In this section-

(a) "ca~dida.te" has the same meani~l~ 8s in se&ion 79;

( b ) "former Indian 86ate" .moans any such Lndian Bb.&j sg '$&P Qen.kd Qovernmeut mtty, by no~~~fication in Official gazeG& .. , bxb.t..F.n.-- y-~+&

for the purposes of ;this section;

. . (o) "Ruler", in rstlation t o a. former Indian Btate, means bhe p a w pbo for the Gime being ie re~ognised by. !;he Prcsidgnt as &he R.:&r. a$? &at Stake for tihe purposes of t he Consti.tuiion.

. . . 7 . . . . .

PART XI

QEXEBAL

1. . 169. Power to make rule&-(1) The Cenfral. Qo;oement &.ay', stz& ~ 9 5

. , aultiig, the Eleation Commission, by., potifig$ion in t;hs -Cffisialj &a5e$b,

..' rules for car,qing out the p q y a e d$ this Act. , 'i. . . . . ,

..,.:I..i.. . _ . . f . ...: . -

(2) ;)jn parkicular, sad without prejudiae b the generdilgr of $ha foreg* gwer, suoh rules mag provide for all or any sf fihe following mat~srs, nsmdya-

a dutiee of presiding oEcere and. polling offic8rl.e ' i$ p o w g

( b ) the checking of voters dy ieference to the eleatoral roi; ( o ) the manner in which votm aare ,$o bbe 'given both generdly md in

@e- base o f illiterabe votar~ ~r ~ o t e r s under physical or ocher dia~bf)j.Qk~ { d l the manner in which votes are be given by a prosiding offirssnt

o1lin:g officer, polling agent or any o a e r person, who k i n g an eleoktr fa uenoy. is sut.horised or &pj,p~oin.ted for duty 8% a polling efskijian a$

'

-which he icl not entitlad to vote;. (e) the prooedure, to he followed. in respect of $he $&dsr of v o h $Z . ,

p e m n 1.epresnnting himself to be an slectnr _af$er another pareon - hns. ,yoW a8 sl~ch elector;

#?''

procedure a8 to vot$ng to be followed a t decf;ione held in sroao&- , the 'system of psopdrt;i.onei reareaentation by meana &

(g) the scrutiny ~ n d coun$hg of vqtes including cases in whi*, s moo,m$ of the votes may be made hefore khe declarakion of &he md$

. . ' ':~ 4 ihe etection;

(h ) the safe cueh;3g of ha-Uob birxea, ballot papers end other eJeaL%g pBpera, the period $or which such paports shall bo pre~orved acd Bhe &I* epeetion and product.ion of suoh papers,

( i ) any other maktltar required to be prsasribed by thia Act. fsPht, ~ B ~ & ~ G @ o B civU comrt*F1 We&.-No oivil oo& shall havo j a e w ~ queagn the legality of any sotion taken or of any deoision given by

B h z m g O ~ ~ Q O P or by any other pemon appcintd undw this A& In c o ~ w &B ~Aii &n election.

17%. Peped of Act %X of 1m.-The hilj~sn BIm$iom O & a m &tqgirfw Act, 1920, ipJ hereby repealedi / Pmvided that such repeal ahall not a&ct any inquiry b respeoti of en el -

Ell any ca~ual vacancy referred fo in clai.16e (I) or clauae (2) of ~2-%ole S@3 b p a Bleciion Tribunal appointed for that purpose bg t,he Eleckiom Wmmiacdw, ,&d the provisions of the said Aot shall apply in rele.&n to s u ~ b ele&i~c m& ?@nquiq notwithstfinding such repeal ~lubjwt $0 any ~ r d a r mad9 by &ae? re^^ deer $he said daum (1) or ~ l ~ b u ~ e (a), FAB LB m~(h may. be*

An Act to amend the Opium and Revenue Laws (Extension g of Application) Act, 1950.

[ 24th Rugwit, 1961 3 .

/' BE it enacted by Parliament as follows :- 1. Short titlee.-This Act may be called the Opium and Revenue Laws .

(Extension of Applicajiion) Amendment Act, 1951.

$ 2. Amendment of wction 3, Act XXXLIL of 1950.-For clause (b) of section 3 of the Opium and Revenue Laws (Estension of Application) Act,

f- 1950, the following clauses shall be substituted and shall be deemed always to have been substituted, namely :-

P

, "(b) in the disposal of cases transferred to the Central Commii- ' . '

$ion under clause (a), i6 shall have and exercise the same powers a s , i t has and exercises in the investigation of cases referred to it 'under , the Taxation ~n Income (Investigation Cammission) Act,' 1947 . (XXX . :

of 1947), and shall be entitled to act for 'the same term as under sub- section (3) of section 4 of that Act; . .

I ) . g. A' - g: >: ,%. . p & , 2 , B - :

i;: 0: 8; . -

g:.- 6. 5; I:. $. t'. p, p g. [', b 1: t;

@ $2

$, . 6 2: g:,. gi. - &

(bb) any decision given, whether before or after the commencement of this Act, by the Chief Revenue Authority of 'l'ravancore or - of Travancore-Cochin in the exercise or purported exercise of any *

powers conferred on it'by ally law for the'time being in force in the State shall be deemed to be a decision given by the Income-tax authority for the purposes of sub-section (2) of section 8 of the Travancore Taxation on Income (Investigation Commission) Act, 1124 (Travancor Act XIV of 1124);".

C Price anna 1 or ,l&d.

anrrsl-sse M of pa~--s-2-m-Pooo p - 5 2

>.. . . . . . . . - ~ ..... . .

. . . . . . ..

ii I . . . ;; - I

. . .

I . . . ,... . . . .: r . . .

.. .

An Aot further to amend the Sea Customs Act, 1878 ant! the , Central Excises and Salt kct , 1944.

[27th August, 19511 BE it enacted by Parliament as follows:-

1. Short title.-This Act may be called the Sea Customs and the Cell- trai Excises and Salt (Amendment) Act, 1951.

2. ~ m e n d m e n t of section 20, Act VIII of 1878.-Section 20 of the Bee GCstoms Act, 1878 (hereinafter referredl to as the principal Act) shall be re-numbered as sub-section ( I ) thereof and after -sub-section (1) as so re- nllmbered, the following sub-sectjion shall be inserted, na.mely:-

"(2) The provisions of sub-section ( I ) &all apply in respect of ad1 goods belonging to the Government of a Part A State or a Part B State hnd used for the purposes of a trade or business of any kind carried

on by, or on behalf of, that Government, or of-any operations connected with such trade or tbnsiness as they apply in respect of goods not belonging to any Government." . -

8. Amendment'd section 38, Act VIII of 1878.-After the proviso to section 38 of the principal Act, the following further proviso shall be insert- +, namely :-

- "Provided further that where a shipping biJ is delivered in antici- pation of the-arrival of any vessel or [before an order is given under section 61 for entry of the vessel outwards, it shall, for the purpose,~f this sectioil, be deemed to have been delivered m the date on ivhicb that vessel nrrives or that order is given, whichever is later."

e

4. Amendment of section 39, Act VPII of 1878.-In section 39 of the principal Act, for the words "on demand being made" the words -"on a notice of demasld being issued to him" shall be substituted.

5. Amendment of section 111, Act VIIL of 18718.-In section 311 of the principal Act, after the words "penalties, interest" the words "expori - duties" shall be inserted.

6, Amendment d section 3, Act I of 1944.-~ftkr sub-section (1) of section 3 of the Central Excises and Salt Act, 1944, the following sub. section shall be inserted, namely : -

"(1A) The provisions of sub-section (1) shall apply in respect of ail escisnhle godds other than salt which are produced or manufactured in India by, or on behalf of,- the Government oi a Part h State or a Part B State and used for the pw'poses of a trade or business of any

- kind carried on by, or on behalf of, that Government, or of any operations connected with such trade or business as they a;pply in respect of goods which, are not produced or manufactured by any Government. ' '

I

Price anna 1 or l + d .

- -

* .

- ."!305 -

' 1 .

. THE PUNJAB STATE LEGISLA!~URE (DELEGA+I/ON 02 POWERS) ACT, 1951

No. XLVI OF 1951 . .

An Act to confer on the - President the power of the Punjab State Legislature to make laws. . I

[28th August, 19511

BE it enacted by Parliament as follows:-1-.

1. Short title.-This Act may be called the Punjab Sitate Legislature (Delegation of ' Powers) .Act, 1951.

2. Beflnitions .-In this Act, unless the context otherwise requires,- (a) "article" means an article of the ~ons t i tu t ioa ; (b) "Proclamation" means-the Proclalnation issued 011 the

20th day of June, 1951; by the President under clause'(1) of article 356.

3. Confermeat on the President of the power of the' State Legislature.- (I) The power of the Legislature of the State of Punjab to make laws, which has been de8clared by the 'Proclamation to be exercisable by or under the authority of Parliament, is hereby conferred on the President.

(2 ) I n the exercisc of the said -power, the President may from time to , time, whether Parliament is or is 'not in session, enact as a President's Act a Bill containing such provisions as he considers necessary.

, (3) Every Act enacted by the President under sub-section (2) shall, as soon as may be after enactment, be laid before Parliament.

( 4 ) Parliament may, by resolution passed within seven days from the ' date on which the Act has been laid before i t under sub-section (3), direct any modifications to be made in the Act and such modifications shall he given effect to by the Presidefit by enacting an amending Act under sub-

I section (2):

Provided tha t nothing in this sub-section shall affect the validity of the ' Act or of any action taken thereunder before it is so amended. .

Price anna 1 or 19d. I ,

!- i THE ASSAM (ALTERATION BOUNDARIES) ACT, 1951

No. XLVIB os 1'951

An Act to altor the boundarie of the State of Assafn conge- '

quent on the, cession of strip of territory comprised in 1 that State to the Governxhent of Bhuta~l. .

B , i [lgt September, 1951j' BE it enacted by Perl i imen~ as folljws : -

f - 1. Short title.--This Act may he. called the Assam . (Alteration of . , Boundaries) Act, 1951. f

2. Alteration of t h e boundaries 6j Assam.-On and from the cornmewe- rnent of this Act, the territory of e State of Assam shall cease to com-

e prise the strip of territory specse $v in the Schedule, which shdl be oeded to the Government of Bhutan, an the boundaries of the State of Assam shall be deemed t o have bean d t e l d ! accordingly.

3. Amendment of the first . paragraph of Part A tosthe Constitution, under the

heading "TERRITORIES after the words "Assam Tribal Areas", the following -

"but shall not include the territories specified in t h e Bohedule to the Assam '(Alteration of Boundrries) Act, 1951." . -

' . THE /SCHEDULE ,

(s& section 2)

miles lying fo 6he south and 91" 151 and 91" 45'

- \ East Longitude, east by boundary pi1la;s and on the south by boundary

Pric anna I or lad. / .

THE EMPLOYMENT ,OP CHILDREN (AMENDMENT) - 1 - j

ACT, 1951- I -- I

No. XLVIII 0 ~ 1 9 5 1 *

An Act further to amend the Employment of Children Act, 1938.

. List September, 1951J

BE it enacted by Parliament as follows: - -1. Shotrt title.-This Act may be called the Employment of Children

(Amendment) Act, 1951. . 2. Amendment of long title and preamble, Act XXVI of 1938.-In the

long title of, and the preamble to, the Employment of Children Act, 1938 . (hereinafter referred to as the principd Act), for tha words "the admission of children to", the words "the employment of children in" shall be sub- - atitutsd. -

3. Amendment 09 section 2, Act XXVI of 1938;-In section 2 of the - ~rincipal Act, after clause (b), the following clause shall be inserted, nainely :-

'(bb) "port authority" m e & ~ a body of port. commissioners or other ~ authority administering a port; '.

4. Amendment of section 3, Act XXVI of 1938.-In section 8 .of tha principal Act, for sub-sections (1) and (21, the following sub-sections shall be substituted, namely : -

" ( I ) No child who has not completed his fifteenth year shall be employed or permitted to work in any occupation-

(a) connected' with the transport of passengers, goode or mails by railway, or

(b) connected with a port authority within the limits of any port. (2) No child who ha& completed his fifteenth year but has no6

,completed his seventeenth year shall be employed or permitted to work in a.nj occupation referrad to in sub-section (I), unless the . periods of work of such child for any day are so fixed as to allow an interval of rest for a t least twelve consecutive hours which shall in- - clude at least such seven consec,utive hours between 10 P.M. and 7 A.M. ae rn8y he prescribed :

Provided that nothing in this sub-section shall apply to any chid referred to herein while employed or permitted fo work in eu&

Price anncr 1 OT l4d.

3 i 0 - P

, 2 B?lzploy?~zent of Ci'hildlen (Anzendhzent) [AGT XLVIII -

circumstances and in accordance 'with such. conditions as may be P- @ prescribed in any occupation aforesaid either as an apprentice or for k the purpose of receiving vocational training therein: ,

F' Provided further that the competent authority may,. where it ia k B gf opinion that an emergency has arisen and the public interest

.' so requires, by notification in the Offioial Gazette, declare that the . , provisions of thie sub-section shall not be in operation for such period

a~ may be specified in the notification." - 6. Insertion of new sections 3D and 3E in Act XXVS of 1938.-After

section 3C oi the principal Act, the following dections shall be inserkd, namelp : - ,

. 3

'3D. lMaznte~zance of register.-There shall be maintained by *very employer, in .respect of children employed or permitted to work

. in pursuance of sub-section (2) of section 3 in any occupation referred ta in -sub-section ( I ) of that section, a register to be available £01

ulspection. by nil hspectol. at all times during working hours -or m hen work is being carried on in any such occupatioa, showing-

(a) the name and date of birth of every child under seventeen years of age so employed or permitted to work;

(b) the periods of work of any such child and the intervtils - of rest to which he is entitled; ',

jc) the nature of work of any such child; a.nd ' [a) such other particulars as may be prescribed.

- - 3E. Display of notice contairzi?lg abstract of section.^ 3 an3 4.- every railway administration and every port mthority shall cause to'be lisplayed in a conspicuous and accessible place a t eveq station on - !ts railway or within the limits of a port, as the case may be, a notice !n such Indian langu~zge or languages as may be prescribed and in the Enk,lish language containing an abst~act of sub-sections (I) and (2) %)f eection 3 and section 4 af this Act. .

k E'xplanatian.-In this section- 1 8 ' railway z~dministratioi~"' bas the meaning tissigaed t o i t

:n the Indian -Bxilxays a c t , 1890 (IX of 1890).'

B 6. Substitution of new section for section 4 i n Act XXVI of 1938.-

t . For section 4 c ~ f the principal Act, the following seotion shall be substitu. ~ e d . ~raqielp -- F "4. Penalty ,-Wkioerer-

C & . . k (a) emploxs any child or perlnits ally child to vorlc in con-

. . trarentioii of the piov:sions cf section 3 ; or I 5 I ( b ) fails to qive notice as required by section 3B; or +:' ... . F: (cy fails to maintain a register as kequired by section 3D or g -- makes any fa.lse entry in a n y siich register; g . ,...

:.::.(.:

& ~i.:i-,,:,sh811 be:.puni~hqhie with simple imprisonm,ent which may exteqd to *; . .

) . % one month or % t h fine which may extend to five hundred rupees or

with both. " , . g' , g: .

rr- ' ,

p , >

e I $<

- > . '311 - b~ 19811 Employnte7d of Child~el~ (Amendment) 3

7. Ainendment 01 section 7, Act XXVI of 1938.-XD sub-section (2j of ijsction 7 of the principal A c t

(i) the word "and" a t the end of clause (n) shall. be omitted; and \

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

/ " ( G ) fix the seven consecutive hours between 10 P.M. and 7 A . K for the purpose of sub-section (8) of bection 3;

(d ) specify 'the circumstances in -which and - the cdnditione subject to which a child may be employed or permitted to work either as an apprentice.or for the purpose of receiving vocational

- - training i n any occupation referred to - "in. sub-section (1) ' of 'section 3 ;

(e) specify the other particulars which a register maintained un&er sectior~ 3D should contain;

( f ) specify the Indian language or languages in which a notice' , referred to in section 3E .shall be published; and

(gj provide for exemption porn the provisions of sub-section ( 8 ) . of section 3 in cases of emergencies which could not have been !

controlled or foreseen, which ?re not. of a periodical character and ri~hich interfere with the i ~ c r n ~ a l working of ang occuvntion referred to in sub-section (I) of section 3."

/

j I i . ' "313 1

THE GOVERNMENT O$' PART C STATES ACr, 1951 . , No. ~ L I X OF 1951 I 1 d& CJLdqfi cfX2L I

h . 1 - I -- -> \ i 8

A ~ ~ R A N G E ~ E N T OF SECTIONS 'PART I I

,, . ~ ~ X E L I M I N A R V .

Shart title and cmkencernen t Interpretation

PART I1 LEGISLATIBE ASSEMBLIES

Constitution of Legislative Assemblies and their composition Delimitation of constituencies Duration of LegisLatiGe Assemblies

I

Sessions of the ~ e ~ c s l a t i v e Assembly, prorogation and dissolution

The Speaher and ~ k ~ u t ~ Speaker of . t he Legislative ' 4

, Assembly. i ' The Speaker or the D&uty Speaker not to preside while a

resolubion for his regovad h o n ~ office is under consideration

1 2 . t

Right of Chief Cornmis~ioner to address and send messages to the Assembly

13. Hights of the Chief ~o~-&missioner and Ministers as respects the AssembIy

- 14. Oath or affirmation bbg members ! 15. L

TToting7~~,:&ssembly, of Assembly to act notwith- X standing &vacancies

- 16. ~a+&$on of seats 17. Disqualifications for inebbership 18. , Penalty lor sitting and toting before making oath or affir-

'

mation or when not ' ualified or when disqualified 76 Bf. of Lam. P

T- - - _-- - -_rr- - - - , -.A- - -,-*-- -.-,-<- -

ti * . 314 - F ,-ii Govornnzont of arb C Statos

< . \ [ACT XLIX OF 1953. , k d

SECTIONS g, k 19. Powers, privileges, etc.1 of members ,

8 ' 20. Salaries and allowances $of members . p ... - 21. - "3 Extent of legislative p b ~ e r

22. , Inconsistency &tween 1:~s made by Parliament a* laws

6 made by the Legislatrye Assembly of a State

F 23. Sanction of the Chief chmmissioner required for certain legislative proposals '' '

t r 24. Spe~ia l provisions as to. financial Bills ? B 25. Procedure as to lapsing of -3ills & 26. Assent to Bills V 3; 27. . 'Requirements as to sanction hand recommendations to b .

regarded as matters of procedure only h

28. Annual financial statement "i k 29. Frocedure in Legislative Asseml$y with kspec t to estimates

r 30. Appropriation Bills , 31. Supplementary, additional or exkess grants

& 3 .> , Rules of procedure t 5ri I Y. P k8 33. Language to be used in the ~ e ~ i i ~ a t i v e Assembly p -

34. Restriction on discussion in the If$gislative Assembly 5 B 35 Coilrts not to inquire illto proceedin& of t'he Legislative .. $. Assembly

'

f? PART I11 X I&

$- !

p COUXCIL OF MINISTFFS $ f ., 36,. . ., ~o;ncil of Ministers . I f+ \

37. Other provisions as to Ministers 1 9

38. . Conduct of business \ 6 . "

5 - PART I V

t MISCELLANEOUS 1 , ' 39. Consolidated Fund oE the State b 40

\ Eelation of Chief Commissioner and his Min sgers to the i k _ President

k t 41. Yrovision in case oi failure of constitutiona machinery i', t 42. Constitution of Couilcils of Advisers in the kase of certairr. f States i'

43. Power of the President to. remove difficulties :,

44. Amendment of certain enactments , P P f< ., . $. ..

. . 'THE F I R S T SCHEDU

2:: f: . -

T H E SECOND SCHED *.

c T H E THIRD SCHEDULE-Table of seats in the ~ e ~ i s l b t i v e :gsienzbly ,

y- p. k, THEFOURTH SCHEDULE-Forms . of . Oaths or ~ ~ m a t i o n a

THE F I F T H ~ ~ H ~ ~ ~ ~ ~ - ~ $ a c t n i e n t s :amended ! F . - 3 . I .

y - ' - i , 315 i \

i b

Govp~.mmer~t of P a ~ t G States

n Act to provide for ~ e ~ i s l a t j v e Assemblies, Councils of , M i n i s t ~ ~ s and Councils of Adqisere for Part C States.

Z L6th September, 19511

IE it enacted by ~ar i iament as follows : 4 PART f

PRELIMIX~(RY

1. Short title and commencement.-(2) phis Act may be called the Govern* lent of Par t C States Act, 1951.

(2) This section and sect~ons 2, 3, 4, & 7 , 8, 17, 42, 43 and 44 and the irst, Second, Third and Fifth Schedules &all' come into force a t once ; and ke remaining provisions of this Act shall borne into force on such date ar

1 ttes as the Central Government may by qotification in the Official Gazette )point, and for this purpose the Central G vernment may appoint diffcrem P ttes for different provisions of this Act' a d for different States : ,

Provided that the provisions of se tions 4, 4, 6, 7 , 8 and 17 shall rrot come to force in any of the States of Kutch. Maqpur and Tripnra until such deb dates as the Central Government may by ibtification in the Official Gaze%

)point in this behalf. T

2. ~nterpretation:-(I) In this ' Act, u4ess 'the context otherwige

fo'oy the purpose of , . $

> . .

in the expression "State ,of Delhi as -the Central Govern-

Gonxnissione~: ; : ( f ) "Yew Dellli" mea~:s sl;ch area. State of De!hi at; kho :' . Central Gove~:nnient m a v , by the Official Gazette .

. . ,.+:: specify; ~ . .. (g) "State," means any : Schedule. to the Constitution

. -

ent of Part C States [ACT XLIX

(4) Any reference in this Act laws made by Parliament shall be construed as including a reference rdinances made by the President under article 123.

3. Constitution of Legislative dssemblies and their composition.-(1) There shall be a Legislative ~ s s e m b l ~ k o r each State.

(2) The allocationof seats in Assemblies'of the State8 of Ajmer, Bhopal, Coorg, Delhi, and Vindhya Pradesh shall,be as shown in the Third

(3) In the Legislative Assembly of ach State specified in the first'column of the-.Third Schedule there shall be the umber of seats specified in the second column opposiLe to that State which sh 11 be filled by direct election, and of' those seats-

e (a) th,e number specified in th third column shall be the number

- - of seats reserved for . the Schedule

(b) the number, if any, speci ed in the fourth column shall be the. iiumber of seats reserved for t e Scheduled Tribes. I'r.

- (4) he composition of the Legislati e Assembly of any State which ir not specified in the first collimn of the ird Schedule shall be such as the P re~ iden t~may by order specify i n relati n to that State. . . t

- (A) As from the date on which the egislative Assembly of Coorg is after having been ( uly constituted under the provisioil$ of this Part. sum.

. ~ ~ ~ o n e d to meet for its first session, the Co rg Legislative Council shall ceasc

.-. t

. . .i.to~function and shall be deemed to be Pissolvcd.

9.

( b ) the extent of such constitue'pcies;

(c) the number of seats allotted \o each such coi~stituency; +nc

(d) the number of seats, if aily\ reservecl for the Schedule6 Castes or for the Scheduled Tribes in] each constituency.

om time to t ike , after consulting t h e Eleptior r amend +ny otder made by him under sub-seo.

. . 1

.w"y i lSs- - . j . :: 1 ,

F 19511. ,

1

(4) The Election Co

other than Coorg, onstituencies in that

i

liarrient reyrescnting

e orders under the

X / . '7

. .

7. Qualification for membership of t .e Legislative Assembly.-A persan ~11 not be qualified to be chosen to fillla seat in the Legislative Assembly /

a State unless he- e

(a) is a citizen of India; 1 (b) is not less than twenty-fiv~ >ears of age; and i

(G) (2) in the case of a seat redPrved for the Scheduled Castes ur the Scheduled Tribes of that State, s a member of any 04 those castes f. or tribes as the case inay be, andl is an elector for any Assembly constituency in that State; i

b I (ii) in the case of ally other seat, is an elector for any AssembEy constituency in that State. I

i Explanation.--In this section, the ebpression '.elector.". in relation to a

~ s t i tuency, means a person whose name) is for the timo bcing entered. in the ctoral roll of that constituency.

8. ~leci ions to the Legislative he provisions of Part I and rts I11 to X I of the Representatio le Act, 1951 (XLIII of 1951), d of any rules and orders made th the time being in force, shall ply in relation to an election to the Assembly of a State, .as they ply in relation to an election to t Legislative Assembly of a Part A ~ t e , subject to such modifications as President may, after consultation th the Election Commission, by

g n - r n *A.W~FM 2 D J / ? . ~ - Y I I

4 ~overnmenti \of Part C StaJer [ACT XLIX

9. hessions of the Isgislative ~s+mbly, prorogation and dissolution.-(1) ' h e Chief Commissioner shall, fro? time to time, summon the Legislative Assembly to meet a t such time and pbde as he thinks fit, but six months shall not.intervene between its'last sittingiin one session and the date appointed for its first sitting in the next session" i

(2) The Chief Commissioner may, \@om time to time,-

(a) prorogue the Assedbly ; \ '

? , (b) dissolre the Assembly. \

10. The Speiblzes and Deputy $pea of the Legislative Asiemblg.- (1) The Legislative Assembly shall, as as may be, choose two members of the Assembly to be respectively S4eaker and Deputy Speaker thereof and, so often as the office of Speaker or DAp~ty Speaker becomes vacant, the Bssembly shall choose another member t d be Speaker or Deputy Speaker, as the case may be. 1

( 2 ) A member holding office as Spe@ker or Deputy Speaker of as b e m b l y - i

3 (a) shall vacate his office if he cepses to be a member of the As~embly ; 4 -

, (b) may a t any time by wziting unded his hand addressed, if suoh member is the Speaker, to the Deputy Sfieaker, and if such member is the Deputy Speaker, to the Speaker, resie" his office ; .'ti

(c) may be removed from his office by d, resolution of the Assembly pa;ssed by a majority of all the then members bf the Assembly :

Provided that no resolution for the purpose &\ clause (c) shall be moved d e s s a t least fourteen days' notice has beenlgiven of the intention to move $he resolution :

i Provided further that whenever the

&a l l not vacate his oEce until immediately the Assembly after the dissolution.

(3) While the office of performed by the Deputy Speaker or, if vacant, by such member of the of procedure of the Bsse~nbly.

C, (4) During the absence of the Sgealrer from a,ny sftting of the Assembly

the Deputy Speaker or, if he is also absent, such person 4s may be determined by the rules of procedure of the Assembly, or, if no such Berson is present, such other person as may be determined by the ~ssembl~ , ' sha l \ac t as Speaker.

( 5 ) There shxl! be p ~ i d t:i tho Spoalie:. nnrl the iIepii1tj; Speaker of tht Eegjsiative Assenzblp s:~cll salaries and alloivancos as F a y be respectivelj fixed by tho Le~ i Ja t ive Assembly o f tho Stat0 by lam Gpd, until provisior in tha t behalf ir; so made, ~~1.211 snlarieq and allowa~lms H4 the Chief Com missioner n1a.y. with the approval of' tlie,President, by ortier determine.

3

11. The Speaker or the Deputy Speaker not to presid&( while a resolutior for his removal from ofice is under,consideration.-(1) Atiany sitting of tht Legklative Assembly, while any resolution for the removal of the Speakel from his office is uhder consideration, the Speaker, or while any resolutior for t h o removal of tPAe Deputf Speaker from his office is unher consideratiod

OF 19511 G o v e r n m e q t of Part C S t a t e s 5

the Deputy Speaker, shall not, thoygh he is present, preside, and the provisions of,sub-section (4) of section 80 shall apply in relation to every such eitting as they apply in relation to a 4itting from which the Speaker or, as the case may be, the Deputy Speaker iij absent.

(2) The Speaker shall have the right to speak in, and otherwise tb take part in the proceedings of, the Legisl~tive Assembly while any resolution for hia removal from office is under consideration in the Assembly and shall, not-

1

withstanding anything in section 15, lje entitled to vote only in the first in- ~ t a n c e on such resolution or on any o g e r matter during such proceedings but . not in the case of an equality of votes.

12. Right of 'Chief Commissioner .$o address and send messages to the &sembly.LThe chief Commissioner m$y address the Assembly. and may for this purpose require the attendance of m~mbers and he may also send messages to the Assembly whether with respect to a ~ i l f then pending in the Assembly or otherwise, and when a message is so sent*, the Assembly shall with all con- '

venient dispatch consider any matter required by the message to be taken into consideration. / t

13. Rights of the Chief commissionkr 'and Miraiskers as respects the As- sembly.-The Chief Commissioner and e$ery &finister shall have the right to speak in, and otlierwise to takq part in: the proceedings of, the Legislative Assembly of the State, and to speak in, aisd otherwise to take part in the pro- '

ceedings of, any committee of the Legislative Assembly of which he may be named a member, but shall not by virtue of this section be entitled to vote.

14. Oath or 'affirmation by m e m b e r a . & ~ v e ~ member of the-Legislative Assembly of a State shall, before taking 4is seat, make akd subscribe before the Chief Commissioner, or some person tappointed in that behalf by him, . an oath or affirmation according to the f d m set out for the purpose in the Fourth Schedule.$ 1 3

--- --a . .

; 15. Votingin ~ssembly, power of ~ s s e d i y so aor notwithstanding vacancies . ..

~ n d quorum.--(1) Save as otherwise prodded in this Act,, all questions a t . , ,

g y sitting of the Legislative Assembly o q s State shall be determined by .a . majority of votes of the m e d x r s present, id vot.ing, other timn $he. Sp.eakcr Or person acting as such. r .

3 (2) The Speaker or person acting as such! shall not vote in ths first instarce

but ohall have and exercise a casting votejin the ca,se of an equality of ~

votes.

(3) The Legislative Assembly of a Spate shall have power to act not. withstanding any vacancy in the membership thereof, and any proceedings in the Legislative Assembly of a, State shali be valid notwithstanding that it is discovered subsequently that some persor(who was not entitled so to do sat ,r voted or otherwise took .part in the prooeedings.

(4) The quorum to constitute a meeting of the Legislative Assembly of a ' %ate shall be ten members or one-third of t$e total number of members of the Assembly, whichever is greater.

I

(5) If at any time during a meeting of %e Legislative ~ s s e m b i ~ of a State bhere is no quorum, it shall be the duty of thb Speaker, or person acting as such, !ither to adjourn the Assembly or to suspend the meeting until there is a 'I ' quorum.

i

aTt C Xtntes .

mch period as may %eat in Parliament s

. seat in the Legisl

Speaker,

of the Legislative Assembly of quirements of section 14, or when he &qualified for m6mbership thereof, on which he so sits or votes to a es a debt due to the State.

19. ~ o a e r s , privileges, etc., of: membe4.-(1) subject to the prbvidons of this Act and to the rules and.standing sdders regulating the procedure of the Legislative Assembly, there shall be freddom of speech in the Legislative h e r n b l y of each State. i \ ... . . 'i

(2) No .member of the Legislative ~ s s e h b l ~ of a State shall be liable t o sny proceedings in any court in respect of anphing said or any vote given by h h in the Assembly o r anys conhittee the~eof, and no pereon shall be so liable in respect of the publication by or undek the authority of subh Assembly of any report, paper, votes or proceedings. j

i (3) I n other respects, the powers; pri 'leges and immunities of the f Legislative A-ssembly of a State and.of the , members and the committees thereof shall be such as are for the time bein4 enjoyed by the House of the People and its members and committees. i 1

i (4) he provisions of sub-sections (I), (2): and (3) shall apply in relation

ro persons wbo by virtue of this Act have the pght to speak in, and otherwise > take part in the proceedings of, the Legislative Assembly of a State or any

committee thereof ss they apply in relation to members of that Assembly.

OF 19511 Government of a r t C States 7

20. Salaries a d allowances of of the Legislative Assembly of a State shall be entitled to es and allowances as may from time to time be determined b mbly of the Stake

- by law and, until provision in that res allowances as t h e Chief Commissioner may, with the a ent, by order determine.

21. Extent of legislative to the- provisions of this. Act, the Legislative Assembly of a State laws for the whole or any part of the State with respect to any of enumerated in the State List or in the Concurrent List : !

Provided that the ~e~is la t i ;e ~ssembl; of the State of Dslhi shall not ' have power to make laws with respect to: any of the following matters, namely :-

i - (a) public order ; t

( b ) police including railway police ;

(c ) the constitution and powers of &unicipal corporations and other local autho~ities, of improvement trusts and of water supply, drainage, electricity, transport and other public{utilihy authorities in Delhi or in New Delhi ; ,

i ( d ) lands and buildings vested in o$ in the possession of the Union!

which are situated in Delhi or in New Dplhi including all rights in or over such lands and buildings, the collectio4 of rents therefrom and t h e transfer and alienation thereof ;

( e ) offences against laws with respect $0 any of the matters mentioned, in the foregoing clauses ;

(f) jurisdiction and powers of all courts, with respect to any of the said matters; and

(g) fees in respect of any of the said matter$ oeYher than fees taken in. arl y court.

i . (2) Nothing ih sub-section ( I ) shall de~bgate from the power conferred, on Parli~.ment by the Constitution to make laws with respect to any matter

- I___X

22. Inconsistency between laws made by Parliament and laws made by the Legislative Assembly of a State.-If any provision of a law made Ly the Legislative Assembly of a State is repugnant t o any provision of a law made by Parliament, then the law made by Parliament, whether passed before or afier the law made by the Legislative Assembly of the State, shall prevail and the law made by the Legislative Assembly of the State shall, to the estent of the repugnancy, be void.

Explanation.-For the purposes of this section, the expression "law made by Parliament" shall not include any law which provides for the esten- @ion to the State of any law in force in any other part of the terrxory of India).

\ 23. Saction of the Chief Commissioner required for certain legislative . ' proposals.-No Bill or amendmont shall be introduced into, or moved in. the

Legislative Assembly of a State without the previous sanction of the Ch'ef

1 &.9-5.3 v& 79r /9~4. v

Government iof ,Part. C States [ACT XLIX

.Commissioner, if such Bill or amen ent maked provision with respect to a n j -of the following matters, namely

. ,

(a) constitution and organis tion of the court of the Judicial Commis- sioner; f .a

(b) jurisdiction and powers afi. the cowt of +he Judibial Commissioner with respect to any of the makters in the State List or in the Concur->, rent List ; 1 a

(c) State ~ u i l i c Se~vice ~obmission:

24. Special pfovisio& as to financial Bas.-(I) A Bill or amendment shall not be introduced int t , or moved in, t&e Legislative Assembly

' ,of a State except on the recomme datiorzdf the Chief Commissioner, if such Bill or amendment makes prori ion for any of the following matters, %namely :-

i L 1

(a) the imposition, aboliiion, remission, alteration or regulation of any tax ; 1

(b) the amendment of the with respect to any financial obligations undertaken or to be u by the State ;

F

(c) the appropriation d rn out of the ConsolidLted Fund of the 'Stato ;

(d) tEe declaring to be expenditure charged on the Consolidated increasing of the amount . of any such expenditure ;

( e ) the receipt of money oh account of thez Consolidated Fund of - the State or the custody or issbe of such money : - i

Provided that no reoommenda 'on shall bo required under this sub- -section for the moving of an arnend ent making provision for the reduction

, or abolition of any tax. . $ \

I (2) A Bill or amendment shall hot be deemed to make for

any of the matters aforesaid by reaso only that i t provides for the imposition of fines or other pecuniary for the demand or payment of fees for licences or fees for or by reason that it.provides for the imposition, alteration or regulation of any tax by a n y local abthority or purposes. a

( 3 ) A Bill which, if enacted operation, would involve erpendi t~~re from the Consolidated shall not be passed by -

,the Legislative Assornbly of a, State Chief Commissioner. has .re- cornmetided to that Assembly the of the Bill. '

f I F 25. Procedure as; to lapsing of ills.-(I) A Bill pending in the

B Legislative Assembly of a State shall not . apse by rea.son of the prorogation of thd Assembly. \

P I p *, (2) A gil l which is pending in the ~e i i s l a t ive Assembly of a State shall

lapse on a dissolution of the Assembly\ C i

25. Assent to Bills.-(I) When a ~h has been passed by the Legis- .latire Assembly of a State, i t shall be to the Chief Commissioner .and the Chief Commissioner shall reserve thq Bill for the consideration of the.

f President. \

- (2 ) So much of the said estimate expenditure shsl]: be submittedsin the form of demands to the Legislative Assembly, and the Legislative Assembly shall assent, or to refuse to assent, to any demand, or to assent to to a reduction of the . amount specified therein. Pt

I ( 3 ) No demand for _a grant shall be except on the recommendation, of the Chief Commissioner.

30. Appropriation Bills - ( I ) As soon as may be after the grants under section 29 have been made by the A senzbly there shall be introduced) a Bill to provide for the appropriation o t of the Consolidated Fund of the &ate of all moneys required to meet- \

1 (a ) the grants so made by the Asse bly, and . 'P r ( b ) the expenditure charged Fund of the State

but not exceeding in any case the t shown in the statement pre- L viously laid before the Assembly.

( 2 ) No amendment shall be proposed to such Bill in- the Legislative. Assembly which .will have the effect of the amount or altering tle- destination of any grant so made or of amount of any expenditure charged on the Consolidated Fund and the'decision of the- person presiding .as to whether an inadmissible under thie sub-section shall be final.,

( 3 ) Subject to the other provisions of,this Act, ho money shall be withdrawn from the Consolidated Fund of the St.ate except under appropriation made by law passed in accordance with tho pro isions of this section. a t

31. $upplementary, additional or excess .t(l) The Chief Commis- s ion~ r shall-

\ (a) if the amount authorised by any law rpade in accordance with the provisions of section 30 to be expended articular service for the current financial year is found to be ins t for the purposes of that year or when a need has arisen,duri rrent financial year for supplementary or additional expenrli some new service not contemplated in .the annual financla t for that year, or

( b ) if any money has been spent on any Ee vice during a financia) A

year in excess of the amount granted for tha t se vice and for tha t year, f oause to be laid before the ~ e ~ i s l a t i v e Assembly of the State, with the previous approval of the Pre~ident , another sta 1 ement showing t h e estimated amount of that expenditure or cause to \ b e presented to the Legislative Assembly of the State with such previokisoapproval a demand for such excess, as the case may be. i

i ( 2 ) The provisions of sections 28, 29 and 30 shall h ve effect in relatior, i to' any such statement and expenditure or demand a ? d also to any law tot .

be. made authorising the appropriation of moneys ou of the Consolidated Fund of the State to meet such expenditure or the grl k .nt in respect of such demand as they have effect in relation to the annual fihancial statement and the expenditure, mentioned therein or to a demand fo a grant and the law to be made for the authorisation of appropriation o moneys out of t h e . Consolidated Fund of the Rtate to meet.such expendit rc or grant. 'i, f

! I !

i a ! '

3 OF 19511 1 325 I f.

1 32. Rides of sembly of a State ,

may make rules fo s of this Act, i ts pro- \ aedure and the c !

provided that the Chief Cornmi ioner shall, after consultation with the . Speaker of the Legislative Assembly nd with the approval of the President,

mekc rules- 1 s,

(a) for securing tho timely eompletlon of financial busjness ; i i

4 ( b ) for regulating the.proce ,urc of, and the conduct of business '

in, the Legislative Assembly in plation to any financial matter or to any Bill for the appropriation of q n e y s out of the Consolic1,zted Fund of the State. 6 -

of procedure and I

the State of Uttar force in any State

shall have effect in relation to tho that State subject to such modifications and tliorein by the Chief Commissioner.

B 1

33. Language to be used in the\ Legislative Assomb1y.-(I) Not. withstanding anything in Part XVII of he Constitution but subject to the k provisions of article 348, business in the Qgislative Assembly of a State shall be transacted in the official language cr labguages of the St:.te or in.Hindi or in English. I

(2) Unless Parliament or the Legisla ive Assembly of the S ta te by law .otherwise provides, this section shall, aftcr \ the expiration of a period offifteen- years from the commencement of the ~onskitution, have effect as if the words " or in English" were omitted therefrom. a + " -

34. Restriction on discussion in ' the Legislative Assembly.--No .discussion shall take place in the Legislati Assembly of a State with respect to the conduct of any Judicial missioner or of any judge of

; -the Supreme Court or of a High Cour the discharge of his duties.

35. Caurts not to inquire into procee ofsthe L~gislative Assembly.- ( I ) The validity of any proceedings Legislative Assembly of a State shall not be called in question ground of any alleged -irregularity of procedure.

(2) No officer or rnemberof tdhe of a State in whom powers are vested by or under this or the conduct .of business, or for maintaining subject to the jurisdiction of those powers.

to aid and adviso the Chief

C

L r 326 - 12 k

, [ACT xr,Ix

I f except in so far as he i se any judicial or quasi- ; judicial functions : t

f Pro~ ided that, in case of di between the Chigf Commis-

y sioner and his Ministers on a,n ef Commissioner shall refer it to tho President for decision a o the decision given thereon: by the President, and pending shall be competent for the

! Chief Commissioner in any case r is in his opinion so llrgent I that it is necessary for him to tkke immediatetaction, to take s~lch actionpr to* p c ~ give such direction in the matter as he deems necessary: i, \ E $'>

Provided further tl1a.t in the State of Dplhi every decision taken by a kg Minister or by the Council in relation to a n y matter coilcerning New Delhi,

i shall be subject to Lhe concurrence of the chiei~ommissioner, and ndthing in

k this sub-section shall be construed as preventQlg the-Chief Commjssioner in case of any difference of opinion between him his Ministers from taking such kction in respect of the administration of as hc in hisilisc~etioa ,

k? coneiders necessary. t . \ P (2) The Chief Commissioner sha.11, when he, ig present, preside a t meetings% ' of the Council of Ministers, and, when the Chief p om missioner Is not present, t a the Chief Minister or. if he is also not present, sukli other IiLnistcdr as may be F F determined by the rules made under sub-section (4) of section 38, shall preside f, a t meetings of tho Council. E t

(3 ) If any question arises as to whether any otter is or is not a matter k as lsspects which the Chief Commissioner is by any law t,o exercise f - any ji~dicial or quasi-judicial functioas, the decisionjof the Chief Commissioner k thereon shall be final. \ , $"

(i) If in the State of Dolhl any question arise 'as t o whether any matter [. is or is no5 a matter concerning New Delhi, the deqsion of the Chief Commis- - C sioner thereon shall bo final : b 5

Provided that in case of any diffcrencc of o$iniol~ betwoen the ChieF h Commissioner and his Ministers on such question, il& shall be referred for t h e $, decision of the President and his decision slpll be gnal. 1 L

5 (5) The question whether any, and if so wlrat, mas tendered by Z Ministers to the Chief Commissioner shall not be inq into in any c.ourt. . f' 37. Other provisians as to Ministers.-(1) 'I'hs Minister shall by

f: President on the advice of the Chief Minister. ! , appointed by the President and the other Ministers appointed b: the

I - . (2) T l ~ e Ministers shall hold o6ce &ring the pleapure 1 of the Presiden~. 1 8 is1

(3) The Council of &Iiiristers shall be co~lect,ively~re~ponsible to the Le- gislative Assembly of the State. 1 p

5 (4) Beforo a Minijter tllters upon his ozci., the clltef ~omrnissioner shal l L: administer to hi111 the oaths of office and of secrecy accbrding to the form@ k s e t out for the purpose in the Fourth ScL~dule. i,

i B (5) A Mjnister who for any period of six coilceqltivr mo;~ths is not a

I member of the Legislative Asscnltly of the State shall 46 the ex1,iration of'

! g that period ceasc to be a Minister. I . I

E; ' (6) The salaries and allowanres of Ministers shall be such as the Legis-

I lative Assen~bly of the Stale may from t i a e to t ime b;P Isw deterinire, and; E 11ntil the Legislative Assembly so determines, shall be :determincil t b e 1. Chief Coinmissioner with the approval of thb Presidmt.; 1. 4

k 1

F 1 g i I B

oB1 1951'1 overa amen$ of Part C S t a t a s 327 ,

13-

38. Condu~t of bos inesa .~( l ) Thikresident shall make rules- 1

transaction of business with tha-

DelIli. !- (2) A11 executive action of the Chief Commissioner, whether taken on t h s

advice of his Ministers or otherwise. shpl l be expressed to be taken in the name of the Chief Commissioner. $

1 I (3) Orders and other instrudents p a d e and executed in the name of the

Chief Commissioner shall be authentic$ted in such manner as may be specified in rules to be made by the Chief Corn&ssioner, and tlze validity of an order or instrument which is so authenticated shall not be called in question on the ground that i t is not an order or inst4ument d a d e or executed by the Chief' Commissioner.

P A ~ T TV

- ~ r s c z ~ & A ~ ~ o u s

(2) No moneys out of the Consolid ted Fund of a State shall be appropriated except in accordance with, and or the purposes and in the manner '

provided in, this Act : 1 Provided that the balance standin a t any time a t the credit of the

I Yonsolidated Fund of a State shall not b less than such amount as the Presi- i lent may by order specify.

41. Provision in case of failure of constitutional machinery.-If the President, on receipt of a report fjom the Chief Commissioner of R*

State or otherwise, is satisfied tha t a sijtuation has arisen in whioh the administration or' the State cannot be ca#ied on in accordance with the pro. visions of this Act, the President mayi by order, ciuspend the operation of

- 4 $&4. % d . ~ & f m - ~ / % 7 . '

2 &q ~ 8 , ' ~ . ,

i 1 Y

. - all o,r anylof the foregoing provisions Act for such period tls ho thinks

, fit and make such incidental and provisions as may appear t o him to be necessary or expedient the S ta te in aocordance - with the provisions of articje 2339. . 1 . 4% Constitution of Counci n the cage of certain States.-The

President may, by notification in 't Gazette, constitute for any of the States of Kutch, Manipur and 'l'ri ncil of Advisers uonsivLiug of such 'number of mcmbors as he may the p u r p ~ e of assisting the Chiof Commissioner in the discharge o is functions uilder article 239 ar ,may be specified by the President, the notification constituting such Council shall define the powers to and the proceduro to be followed , .by the Council

43. Power of the President to any diffikulty arises in giving effect to the provisions in relation to the cbnstitution of the for any State, the President may

. b y order do anything such provisions which appear to him t o be nocessary of removing the dBcul ty .

44. Amendment of certain enactme/l$.- he enactments specified in rho 3 - Pifth Schedule are hereby amended to thq extent and in the manner mentioned

in' the fourth column thereof.

21. Kalbclia

3. Balai ~

4. Bambhi 5. Bansphod 25. IColi 6. Baori 26. Koria 7. Bargi 27. Kuchband

30. Moohi

/

-

1. Adi-Dharrni

- C THE THIRD SCHE ULE

[See seotiolls l(2) an4 3(4)]

- Table of 8eak in the .

' Total Seats re- Seats re- - number served for served for

State of seats Scheduled Scheduled \ . Castes Tribes

1 2 3 4 r

lhopal I . 5 ' 2 I

loorg . 3 3

)elhi . . . . . + . 6 . . Eimachal Pradesh . Tindhya Pradesh . 6 - --- -.

THE FOURTH SCHED~LE

i [See seotions 14 and 37 (f)]

FORM OF OATH OR AFFIRMATION TO ~q MADE BY A MEMBER OF THE LEGISLATIVE ASSFMPLY - , -

"I, A.B., having been elected a member of i the Legislative Assembly, ' f swear in the name of God

do solemnly affirm that I will $ear true faith and allegiance i

;o tho Constitution of Ihdia as by law established and that I will faithfully discharge ,he duty upon which I am about to enter." I

1 I -- -__I;_CI_

__ -- -- I

. .

[hay XLIX

FORM OF OATH. OF OFFICE FOR OF THE COUNCIL

swonr in the name of God "I, A.B.; do . sole-ly affirm . ill bear true faith. and allegiadq~

t'o the ~on~l t i t i t ion of India by law es hat I will faithfully snd. c0.n- . . . . soientiously -discharge. my duties as a Mi e State of.. . ...-. . . . . . . . ., and

.(hat P will do right to all manner of peo ance with the Constitution and the law without fear or favour, affectio

FORM OF OATH OF SECRECY OF THE COUNCIL OF - MINISTERS

. . . .

swem in the name of. God . .""- A.B.? do solemnly affirm ot directly - or indirectly

communicate or reveal to any person or person ar &iih shall ba brbught under my consideration or shall become known a Minister for the State of . . . . . . . ? . .except as may. be required for the harge of rdy duties as such Minister.'.' '

_13_

THE FIHYTA SCHEDUL~

[See sections l(2) and 441 I Enactments amended

Year Number Short title d e n d m e n ts '

1950 XLIII The Representa- -tion of the People

I Ach, 1950.

I n clause (cc) ofbection 2, for the words;

In section 27A-

"Provided that f i t the purpose of filling the seat allol$ed to the States of Ajmer and Cobg or to the States of Manipur and Tripufa, there shall be an Electoral Qollege for each of the said States." ; i

!

(ii) in sub-sections [2), J3) m d (4) , the words "or group 'of States", whero- ever they occur, shall be omitted ;

(iii) in sub-section (31, tlie words "as the case may be" shdl be omitted ;

( iv ) for sub-section (5 ) , the following sub- sections shall be substituted, namely :- -

- - - -- I -- %.

i

F 1951 J 'Gove~nment of Part C States 333

1 9,

i ' , . tar Number Short titlo Amendments 1 2 3

'r 4

t

\ "(5) The electoral college for oach of the t States of Ajmer, Bhopal, Coorg, 1 Delhi and Vindbya Pradedl shall

\ consist of the members of the Legislative Assembly of that

6 ) The electoral college for the group of States of Bilaspur add Himachal Pradesh shall consist of-

( a ) the member of the House of the People representing the Stato \ of Bilaspur ; and

( ) the mexnhrs of the Legislative Assembly of the State of Hima- chal Pradesh."

as to orders delimiting I Election Com- .

dent @T making the order under that sdptioa."

of aeotion 27F, the words in the two .places

In sub-section \(I) of section 271, for the words "elect@d members of the Caorg Legislative Qouncil", in the two places where they 4ccur, the words "members of the electotal college for the State of Coorg" shall l)e substituted.

In section 27J,\the words "or the elected Coorg Legislative Couucil"

Council, aa the case may be" shall be-olnitted.

I

[ACT XLIX I ---~ ---

Year Numbor Short; title Amendments e

1 2 3 4

a1 Colleges for certain States Legislative Assemblies have stituted.-Notwithstanding

For the Fifth

I ~ u m % f Name of State of

\ members 1 2

I

1. Kutch . . - 1. ..

30

2. Manipur . I \ *

30

3. Tripura . . 1. . 30" . . - \

i 1961 XLIII The Representa- 'In clause (j) of sub-sectidLn ( 1 ) of section !

tion of the People tlie words "or group of buch States" sha Act,. 1951. be omitted. I

I n clause ( b ) of sub-sectibd (29 of sectiod 1, the words "and slsa theiolected membq of the Coorg Legislative Council, I necessary:' shall be omitted.

gislative Counoil, as the be" shall be omitted.

words "or t8ho olootod org Legislative Council"

I I I 1

I I 1

i t,

PD-81-676 M of Law-11.2-62--4000

TAE TARIFF . * COMMISSI~N ACT, 1951 337 \

No. L OF 1951

,

- ARRANGEMENT O F SECTIONS . .

CHAPTER I -. - .%>& PRELIMINARY

TIONS

1 . Short title and commencement. 2. Definitions.

. - CHAPTER I1 ESTABLISHMENT OF TEE TARIFF. COMMISSIOX .

3. Constitution of a Tariff Commission and appointment of chairman thereof.

4. Qualifications for membership of the Commission.

5. Disqualifications for membership.

6. Conditions of service' of members of the Commission.

7. Power of Central Government ' to remove members from bftice in certain cases.,

8. Appointment of officers and other employees of the Commission.

9. Sittings of the Commission.

.lo. Vacancy not to invalidate proceedings.

CHAPTER 111

F~RCTIONS OF TIIE COMMISSION

11. Reference of mattem relating to protection of industries generally to the Commission.

.12, Reference to thd Commission d additional matters arishig OUV of protection.

13., Power of Commission suo motu to make inquiries.

14. Principles to be taken into account in making any inquiry under section 11 (1) (a).

15.. ,,Duties of the Commission.

16. Action on Commission's report. . Price annas - 2 or -3d.

3 M. of Law.

r 1

1. Act to provide for the establishmelit of a Tariff Commiasicm and t o regulate its duties and ftxnctiolls

E it enacted by Parliament a; follows : - CHAPTER I

.&. Short title axla commencement - ( l ) This Act may be called the Tariff bmission Act, 1951.

\.

(2) I t shall come into force on such da ik as the Central Government may, notification in the Official Gazette, appoint.

/ '2. Definrti0nS.-Zn this Act, unless the context ot,herwisc requires,-

(a) " Cbmmission' ' means the Tarif Uommission e~t~ablished under r this Act;

' . (b) "chairman" ,means the chairman of the Tariff Commission;

(c) "member" means a member. of the Tariff Commission and Sq- ' eludes the chairman of the Commission; , ,

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

. (e) "regulatioPs" rneallrj the regulations made by the Comiriissiun under section 25.

1 , CHAPTER I1 .

3, Constitution ~f a Tariff Commission and appointment of chairman thura I

&For the purposes of hhis Act,, the Central Goven~rnent. shall establish a :iff Commission which shall consist of not less than three, but not exceeding

I

2 , whole-time memberi appointed .by the Ceiltral Fovernnlent, and one of I m shall be ilomiriated by the Central Government to be the chairman there- 1

i i3rovided that the Central Government may, i s oftel1 as may'be necessary,

I

ioint not more than two additional members on the Commission for such pur- 1

ip and period and on such conditiolls as it thinks fit," . \ ,

I L I \

1 f I

. I

, k 5 * . > r ; 3 ' * * * t I- ,Ra. * , . , .I +

", r * , l\i 2 ' .

340, . - - .2 ' Tariff Commission [ACT L ."

4. Qualifications for membership oE the 0ornmission.-The persons to be appointed as members of the Commission shall be men of ability, integrity and $tanding who have shows capacity in dealing with problems relating to commerce or industry or in administration or who have special knowledge in any matter as renders them suitable for appointment on the Commission.

5. Disqualifications for membership.-(I) No person shnll be qunii6ed for appointment as, or for continuing to be, a member of the Commission if he haa directly or indirectly any such financial or commercial interest in any industry or undertaking as is likely to affeat h:m .in the discharge of his -duties as a' member of the Commission.

(2) Tha appointment as a member of the Commission of any person who is a Member of Parliament or of the Legislature of any Ftate shall be void unless within one month of the, date of his appointment he ceases to be such Member.

(3) Every member shall, whenever required by the Central Goverdment so to do, furnish to i t such information as it. m3,y requice for the purpose of securing complia'nce with the provisiws contained in sub-section (1).

k 6 . Conditions of service of members of the Commis~ion,-(1) Every whole- i: time member of the 'Commission shall hold office for a period of three years

from the date of his appointment:

Probided that a member rel~nquishing his office on the expiry thereof shall be eligible for reappointmeilt for a second yerial of three years.

$' C, (2) There shall be paid to the members of the Commission such salaries

and allowances as may be determined by the Centgal Government: P- - g C Provided that such salaries and allow~nces shall not be varied 6 the dis- , advantage of a member after his appointment. h

L (3) A member of the commission ceasing tp hold office as such shall not hold any appointment in-any private industry or undertaking for a period of

f three years from so ceasing to hold oflice, save with th$ coiisel~t in writing '

of the Central Government.

7, Power of Central Government to' remove members from office in cqtain cases.-(1) The.Centra1 Government may remove from office any member of the Commission who has been adjudged an insolvent or has been convicted of an offence involving moral turpitude, and also any 'member who, in the opinion of the Central Goverlzment,-

(a) has become physically or mentally illcapable of acting as such member, or

(6) has so abusecl his position as to render his continuance in office detrimental to the public interest, or

(c) bas i n q ~ r ~ e d the disqualification specified in sub-section (1) of section 5.

(2) The removal of any member under sub-section (1) shall be reported, ae ?on as may be, to Parliament..

8. Appointment of officers and other employees .of the C o m m i ~ s i o n . ~ S u b j e ~ t ; 13 such rules as may be made in this behalf, the Commission may for the purpose of enabling it to efficiently discharge its functions under this Act appoint such number of officers and other employees as it may think fit and determine

thek conditions of service. 4

1 I

34$7. - i* - r . <

% 19511 I Tadfj C'omwiission . .. 3 , 9. Sittings of the Commission.-(1) Subject to the regulations, the Corn- iission may hold sittings in any part of India in such place or places' as it may eem most convenient for the transaction of its business or proceedings and hall Eeep the minutes of its proceedings in such form as it may think fit.

. .

I ' (2 ) Sittings of the Commission shall be convened by the chairman and hall be open to the public unless the Commission in any particular case decides therwise.

I

(3) The chairman shall preside at ali sittings of the Commission a t which he 1 I

p~eserit and in his absencs from any such sitting the membe;.s present ! hereat shall elect one of the members to preside as chairman. I

LO. Vacancy not to invalidate pr0ceediligs.-NO act or proceeding of the . , !ommission shall be deemed to be invalid by reason mere11 of ally vacancy in,

I

r any defect in t'he constitution of, the Conimissioa.

CHAPTER I11

11. JReference d matters relating to protection of industries generally to Qa, !oinmi~sioa.-The Centcal ,Government mby refcr to the Commission fox ~quiry and report ally matter requiring in its opinion-

(a) the grant, of protection (whether by the grant of subsidies or the levy of protective duties or in any other suitable forb) for the ellcourage- rnent of ally industry in India (including any industry which has not started productioil but which is likely to do 'so' if granted suitable proteo-

, tion); -

. (b) an increase or decrease in the duties of customs or other duties in relation to any industry for the protection tlieroof;

(G) action to be ttqken in relation to 'the dumping of goods in the market occasioned by excessive impo~t or otherwise;

(d) action to be taken where an industry is taking undue advantage of the tariff protection granted to it, particularly with referenae to whether %hk protected industry is- '

(i) charging unnecessarily high prices for its goods, or /'

(ii) acting 01, omitthg to act in a manner which results in high .

prices being chai*ged to consumers through limitation of quantity, deterioration in quality or inflation of cost ,of production and the likeL or

(iii) acting in restraint of trade to the detriment of the public;

(e) further action to be taken in relation to the protection granted to an industry, with a view to its increase, decrease, niodification or abolition according to tlie circumetances of the case.,

$2. Htefereace 60 the Oommission of additional matters arising out of pro- ction.-Thz' Ceiitral Gdvernmellt may also refer to the Commission for in- k~ and report any matter relating to-

(a) the effect of protectioil on-

-(i) the general level of pricks in the country,

(ii) the cost of liviiig oE ally specified section of the communiFy,

(b) 'the effect of tariff concessions under trade or commercial agreements on the development of any specified industry;

\

(c) any anomalies that may result from the .working of protective or revenue duties (as for example, relationship between the rates of duty on finished goods, partly finished goods and raw materials);

(d) -the prices of pa';rticular commodities, whether protecked ,or not.

13; Power of Commission sue mots to make inquiries.-The Commissim may on its own motion inquire into and report to the Central Government on any of the matters refeked to in clauses (b), ( c ) , (d), and (e) of section 11, or in clauses (a), (b) and (c) of section 12.

14. Principles to be taken into account in making any inquiry under section Il(l)(a).-(I) I n mdking a report in respect of any matter referred t o it under clause (Q) of section 11, the Cqmmission shall among other matters have due regard to-

(a) the cost of productioi~ or manufacture in the principal growing, ' produc;ng or iliaiiufactl~r;l~g regions of India of the cominodity produced by

the industry claiming and the cost ,which should be taken to be representative of the jndustry concerned;

(b) the approxirnaie cost oi production or nlanufacture in the principal growing, proclucing or manufacturing centres of foreign countries of the commodity which competeb with the commodity producecl by the industry

.claiming protectioii if the cleteriiiinat.ion of such cost is necessary for the purpose .of any case;

(c) the approximate cost of import of any such competing commodity 2s is specified in clause (b);

, (d) the price which may be deemed to be the representative fair selling ' price for growers, producers or, insllufacturers in India in respect of t he

industry claiming protection; , w

(e) the quantities of the commodity required for consumption and the quantities thereof produced in or imported into India;

(f) the, effect of protection, if granted to an industry, on other industries, including cottage and other small scale industries.

(2) On the basis of its find;ngs on the matters referred to in sub-section (I), the Conlmiesioli shall assess, for the purpose of its'report,-

. (a) the relative advantages enjoyed by the industry; - (b) the nature and extent of foreign competition;

I - F P (c) the possibility of the industry developing sufliciently within a g reasonable time to be able to carry on successfully without. protection; b E $. ( d ) the likely effJct of a protective tariff or other form of protection bn r . the int,erests of the cons'umer or of indhstries using the commodity in !+ . . question, as the case may be; L

(e) the desirability 02 otherwise of protecting the industry in the public z interest. %. I

C i a I L i

' : (3) I n recommending the .grant of nrotection to any industry, the Commis- I I pan-may specify the conditions which shall be -fulfilled before and after the p a n t of protection, with particular reference to the following points, namely :-

(a) the scale of output; (b) the quality of its products; (c) the price charged for its products; (d) the technological improvements required by t h e industry; (8) the need for research in the process of manufacture;

c (f) the training of officers,, technicians and other persons employed in ; the industry;

(g) the use in the industry of indigenous products, whether raw or manufactured; '

(h) the time within which an industry, in respect of which protection has been given in advance of production, should start production; and

( i) any other mafter in rcspect of which the Commissioll cc~iisi~iers it necessary to specify conditions.. 15. Duties of the Commission.-It shall be the dvty of the commission, a t ' h intervals as may be prescribed,-

(a) to investigate' intmo the manner in which psotection in relation to any . industry has been working, with particular reference to-

(i) the cost 'of production of the protected commodity;

(ii) the scale of output of t h e protected industry,;

(iii) the quality of the protected commodity;

(iv). the prospects of future expansioa of 'the protected industry;

(v) the relative competitive position of the industry and the , factors entering into i t ; and

(vi) any other factor having a bearing on the usefulness of the industry to tahe country's economy;

- ( b ) to investigate into any special conditions tha t may have been imposed on a protect'ed industry, with particular reference to-

(i) the extent fo which and the manner in which the obligatiolls have been discharged,

I

(zi) the further steps that would be necessary to imp:ement them fully,

(iii) the difiiculties, if a!:? ia fhe wag of the fill1 discharge of such obligations, 1

, and to make a repolt there02 to the Centrp.1 &eelnme~~t.

J6. Action on Commission's report.-(1) Upon recei'pt of a report made to t by the Commission, the Coiltrsl Government n ~ a y Lake such action as- it onsiders fit in respect of any of the matters dealt with ill the report.

(2) A copy of'every final report made to the Central Government, together pith a report of the action taken thereon by the Central ,Government under u%-section ( I ) , shall be laid on. th"e tabl$ of Parliament within three months I f the submission of the report to the Central Government, if Parliament is hen. sitting, or, if Parlibment is not then sitting within seven days of its re- ,

ssembly: .

- - .I

344' 6 Tariff Commzssion [ACT .I, ,

Provided that when the report cannot be so laid, a statement explaining' the. reasons therefor shall be ,laid on the table of Parliament.

I CHAPTER IV

MISCELLANEOUS

17. Reports and statements.-(1) At the end of every financial y, oar or such earlier period as may be prescribed, the Commission shall submit a ,report to the Central Government containing a detailed account of its activities during the year. ,

(2) The Central Government may also call for such -reports, returns or statements from the Commission from time to time as it considers necessary.

18. Appointnicnt of assessors to help Commission in the discharge! of its funcCion~.--For the purpose of any inquiry under this Act, the Central Gov- ernment may, either on its own motion and in consultation with the Commission or at the request of the Commission, appoint one or more persons possessing special knowledge of any matter relevant to the inquiry to assist the Commis- sion.

19. Members d Commission to be ' public servan,ts.--A11 msmbers nnc officers*of the Commission shall be deemed, while acting or purporting to act ir pursuance of any of the provisioi~s of this Act, to be public servants within t h ~ meaning of section 21 of the Indian Penal Code (Act XLV of (38GO). ,

20. Powers of thz C0mmisdon.-(1) For the purpose of conducting an; inquiry under this Act, the Commission shall have all the powers of a civi oourt while trying a suit, under the Code of Civil Procedure, 1908- (Act V o 1908), in respect of the following matters, namely:-

(a) summonilig and enforcing the attendance of any person anc examining him on oath;

(b) requiring the discovery and production of any document;

(G) .receiving, evidence on affidavits;

(d) requisitioning any public record from any office; , -

(e) issuing commissions for the examination of witnesses.

(2) The Commis'sion shall have power to require any person to furnish infor mation on such points or matters as, in the opinion of the Cominissioa, ma be useful for, or relevant to, the subject matter of any inquiry.

(3) h he Commission shall be deemed to be a civil court for the purposes c sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898: and any proceeding before the Commisaion shall be deemed to be a judici: proceeding within the meaning of sections 193 and 228 of the Indian Peni Code [Act XLV of 1860).

21. Staten1eat.s made by persons to the Commission.-No statement mai - by a peljson in the course ~f giving evidence before the Commission shalP subjec

him to, or be used against him in, any civil or criminal proceeding except prosecution for giving false evidence by such statement:

Provided that the 'statemeat-.

(a) is made in reply to a questibn which he'is required by the Con missifon to answer, and

(b) j~ relevant to the subject matter of the inquiry.

I

. . . , . .

. . ' . . ., .'> ' . . - . . 5 . v .

. . . .

T a ~ i p Conznzission 7 : 22. Rcserictiolc on disclosure of information.-(1) No. iliforma,tioq ltelatil,'g to ally 'industry being information which has 'been obtained by - or on behalf. of the Commission for the purpose of its functions under this Act shall, 'without the previous consent in writing of. the- owner for hhe tin16 being of that ilidustry, be disclosed otherwise than in compliailce. with or lor Ihe purposes of this.Act..

( 2 ) ' ~ o t h i n ~ in the pre&e'ding sub-section shall api1ly to any disclosure of illformatioll made for the purpose -of any legal proceeding pursuant to this Act ..

or of any criminal proceediilg which,may be taken, ivhether pursuant to t h i s . Act o r otherwise, or for the purposes of any report relating to any such

discloses any inforination in' coatravei~fi~i l of this section, le on conviction with fine, which may', extend, to ' ,one with imprisonment for ' a term vhich may extend to six

months, or with both. 23. Proteictio6 of &tion taken in good faith.-;No suit, prdsecution o r i ther

legal, proceeding shall lie against any member, officer or servant of 'the Goin- mission for anything which is in good faith done or intended to be done uncier

/

e rules.-(1) The Cclitral Government may, ,by aotifica- tion in the Official Gazette, make rules to carry out the purposes .of this Act.

(2) I n partioblar, and withciut t o the ienerdity of the foregoing power, rules made under this section may'provide for-

(a) the salairies and allowances payable to members, oflicers a.nd other. ' employees of the Commission and their conditions of sewice;

(b) the-procedure to be followed before any member can be ,removed , l from office under section 7;. - . . ,

fils within whic11.reports under 'section 15 shall be made . .

(d) the form in which and the 'period' withill which reports under section 17 sliall be submitted to the Central Government;

(e) the fees or allowances tha t inay be'paid to persons appointed under section 18 ,G'assist the Commissioll

. 25. Power to make' regulations.-SubjecJ to -the provisions contained in this A,ct and in any rules made thereunder, the Cornmission m a y , with tho previous consent of the Central Government, , i12ak.e regulations for the purpose. of. ' . enabling it to discharge.- . . i t s . .c tons under this k k t L 1 and in par-ticular suqh , .

-- regulations may provide for- (a) the procedure and, c o ~ d u c t d business of. the Commission'; (b) the terms and conditioiis of seriice:of officers and other ern~loyeos

of the Commission ; ( c ) the delegation to or more members of the Coinmissioli of such

fullctiolls of the Cominission as the Cornmissioll may specify. '

26. Construction of references to'Tiriff Board in o w r l a w s . ~ ~ e f e r e n o e s in the Indiah Tariff Act, 1934 (XXXII 6$'1934), .or in a,ny other law for the time being in for& to the T&ff Board as,set up under a.ny ResoluCioi~ of the Uoverll-, , : merit of India. shall be collstrued as r e f e r ~ ~ n s s to the Tariff C?mmission estabA !

-.."- -- --

, 691 k of Law

~ T E RAILWAY COMPANIES (EMERGENCY PnovIsIom - . ACT, 1951

No. LI OF 1951

BRRSX \I(;EMENT O F SECTIONS

SECT~O>S 1. Short title, extent and application 2. Definitions 3. Power of Central Government to apply Act to any railway

company and to appoiilt directors thereof 4. Effect of notified order appointing directors or managing

agents 5. Powers and duties of directors -

0. Statement of affairs to be made to directors

- 7. Stateiments by beneficial owaers of shares of railway company

8. Power of directors to institute proceedings against past directors, etc., for damages

9. Penalties 10. Filling up of vacancies among directors

11. No right to conlpensation for termination of contract of' managing agent' or any other contract

12. Cancellation of appointment of directors

13. Applicatioii of the Companies Act

14. Effect of Act on otder laws

1.j. Directors to be pubiic wrvants

10. Delegation of powers 17.. Protection of action taken under Act

- 18. Power of Central Gqveriiiiieilt to acquire railway or railway company

10. Power to make rules

20. Repeel of Ordinance I1 of 1951

692 BI of Law

r *

RaiZv~ay Companies ( ~ k e r ~ e n c ~ Provisiol?~ )

a Act to make provisiol~ for the proper management and aciminis- tration of railway companies in certain special cases.

. .[,14th September, 1951.3

'E it enacted by Parliament as follows : -

1. Short title, extent and application.-(1) This Act fray be called the ailway Companies (Emergency Provisions) Act, 1951.

(2) It extends to the whole of India except the State of Jamrnu and ashmir.

(3) It applies to every railway company'in respect of which a notified :der has been issued under section 3: ' c . 3 ... :. ,

2. Definitions.-In this Act, unless the context , otherwise !quires,- .

(a) "Companies Act" means the Indian Cornpanles Act, 1913 (VII of 1913);

(b) L'directors" means the directors appointed under section 3; (c) "notified order" means an order notified. i n the ORciak

~ a z e t t e ; . . L * -

(d) "prescribed" means prescribed by rules ,&ade under this Act;

( e ) "railway company" means any company registered under the Companies Act or any law repealed>' thereby 'for the pcrpose of making and working or making.or working a railway, whether alone or in conjunction with other purposes.

3. Power of Central Government to apply Act to any railway company hd to appoint directors thereof.-(1) Wlzere the Central Guvern- ient is of opinion that a situation has arisen in the affairs of a railway 3mpany which-

(a) has prejudicially affected the convenience 6f persons using the railway administered by the railway company, or

.. / 1 ' .

(*/

9, (b) has caused serious dislocation in any trade or, industry usinsr E' the railway, ar E . . & b i t 1 5 \,,;T, t 9

3: (c) has caused serious unemployment amongst a' section of the c :ommunity,

b or when, in the opinion of t h e Central Government, it is necessary la w the national interest

i ' the Central Government may, by notified order, apply the provisigns of 5 this Act to the railway cornpan$ -and appoint as many persons as it pA thinks fit to be directors of the .&ilway company 4eHke-purpose-of b taking over its management and <drrMnistration. E (2) The power to appoint dir,ettars under this section includes the '% power to appoint any individual, fisml or company to be the managing !\ ,

k agent of the railway company on"' such terms and conditions as to the i 1 Central Government may seem fit. 1 4. Effect of notified ord~er appointing directors sr managing agents.- ! On the issue of a notified order under section 3.-

(a) all persons holding office as directors of the railway company - . immediately 'before. the' isstie of the notified order shall be deemed to have vacated their offices as such:

(b j any contract of management between the railway companb and any managing agent thereof holding office as such immediately before the issue of the notified order shall be deemed to have

- terminated;. P ? - . ; . , (c) the mandging agent-,.if any, appointed under this A& shall b.e

deemed to hgve-been duly appointed in pursuance of the Companies Act and the memorandum and articles of association of the ra iway comp3ny, and the provisions of the Companies Act and of the.m-em91. randum and articles shall, subject to the other provisions contained in this Act, apply accordingly, but no such managing ' agent shall, be. removed from office except with the previous consent of the Central Government;

C 5 - * f ( d ) the directors shall take such steps as may be necessary , to t. take into their custody or under their control all the property, effects B and actionable claims to which the railway company is, or appears to k be, entitled, and a l l 'the:property and effects of the railway company ? , shall be deemed to be in- the custody of the directors as from the 'i date of the notified order;

i . (e) the directors shall be for all purposes the directors of the rail- $. ;- way company duly constituted under the Companies Act, and shall F alone be entitled to e~e rc i s e all the powers of the directors of the

railway company, 'whdther such powers are derived from the Com- . panies Act or from the memorandum .or articles of association of the

b railway company or from any other source. *' 3. Powers and duties sf directors-(1) Subject t o the oontrol of the

Central Government, the di-oec!ors shall take such steps as may be necessary for . the purpose ,of. efficiently managing the, businpss .of ,the railway company and, in particular, the directors shall have power, notwithstanding any.thing contained in the Companies Act ar in the memorandum or ,articles of association of the railway company,-

(a) to' choose one of their number to be the chaiiman, and to , delegate to him or to any one or more of the directors all or any' of their powers; i

L. 3 5,]- -, p . b, a9511 ficcilway L!oazpu~aios (B,tatlrgetaoy Ero~liuior~s) ' U &

(b) with the preytous approval of the Centqal Goverriment ancl fi' subject to such conditions as t h a t Ggvernment ,may .think fit t o iqpose, to raise -funds in such manner and offer svch security there-

i.. for as they think fit; k:. to, qarry %cut, such rqpa;rs' as may, he, n!cessary in ,Sesp6c~ or

any machinery, rolling stock, buildings, works or other property in -- 6. their custody; . kL (d) to do all acts necessary for making, maintaining, altering

or repairing and using the railway of the railway company:.

F :e) tohemploy such persons as may be necessary for enabling them to efficiently dischaqge their duties, and define the conditions of service of such employees.

', &v (2) The directors may, with the previou; sanction- of the ~en t r ' a i +overnment, cancel or vary, either unconditionally or subject t o suc l bnditions as they think fit to impose, any contract or agreement eritergd bto between the railway company and any other person a t any \;me pfore the issue of the notified order under section 3, if such contract or Fgreement had been entered into in bad faith and is detrimental to the hterests of the railway company. P

6. Statetnent of affairs to be made to directors,-(1) On tpe issue. of a kgtified order uhder section 3, there shall made out and subrhitted +to h e directors a statement as to the affairs of the railway company, rerified by affidavit and containing the following particulars, namely:- 2 (a) the assets of the railway company, stating separately the I, cash balance in hand and a t the bank, if any; ! <

f ( b ) the debts and liabilities; (c) the names, residences and occupations of the creditors

stating 'separately the amount of secured debts and unsecured debts ' and, in the case of secured debts, the particulars of the securities, I their value and the dates when they were given;

(d) the debts due to the railway company and the names * residences and occupations of the persons from whom they are due z- and the amount likely to be realised therefrom;

(e) such other particulars as may be prescribed. I

1

t" (2) The statement shall be submitted by one or more of the persons 1 kho was or were holding office as a dhector or as directors of the railway , Qmpany immediately before the issue of the notified order under sectiori i

1; or by the secretary, manager or other chief officer of the railway i Pmpany who was holding o.ffice as such before the issue of the notified' ~ d e r as the directors may require in each case, and the statement shall be submitted within such time as may be so required.

(3) If any person, without any reasonable excuse, knowingly and pilfully makes default in complying with the requirements of this t ection, he shall be punishable with imprisonment ;which may extend p three months, or with fine which may extend to five- hundred rupees, rr with both. h 7. ~ t a k n e n t s by benefipiq owneq of shares of railway company.- lhy person who has any interest in any share of the railway company fhich stands in the name of another person in the register of share- bolders of the railway company shall, within such period as may be

4 352 .:, Railway Uontpanzes (Entergency P~ovz 's ions) [ACT LI

specifiedqby the Central ~ o v e r n m e n t by notified order, make a declaration in such form as may be prescribed ?which shall be countersigned by the person in whose name the share is registered) to the railway compaily declaring his interest in the share, and notwithstanding anything containcd in any other law or in 'any contract to the contrary, a person who fails to make a declaration as aforesaid in respect of any share shall be deemed to have no right or titlc whatsoever in or to that share :

Provided that nothing in this section shall affect the right of any person who has an interest in any such share to establish in a court his right thereto if the person in whose name the share is registered refuses to sign that declaration as required by this section.

$. Power of directors to instityte p roceehgs against pas$ iliswtore, etc., for damages.--(1) The directors may, if they are satisfied that it is necessary in t h e interests of the railway company or in the public interest so to do, institute in the name of the railway company such proceedings as they thjnk fit for the recovery of damages for any fraud, misfeasance or other misconduct in connection with the management

-of the affairs of the railway company committed by any person before the issue of the notified order under section 3 or for the recovery of any property of the railway company which has been misapplied or wrongfully retained. by any person.

(2) No director shall be persqnally liable for any costs or expenses incurred in connection with any 'proceedings instituted by virtu6 of this section.

9. Penalties.-If any person wilfully destroys or fails to deliver to the directors when required any books of account, registers or any other documents in his custody relating to the business of the railway company or retains any property of the railway company, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

18. Filling up of vacancies among &rectors.-(1) Casual vacancies occurririg in the body of directors, whether caused by death, resignation or otherwise, shall be filled by nomination by the Central Government

(2) No act of the directors shall be called in question on the ground merely of the existence of any vacancy among the directors or any defect in the appointment of any of them.

11. No right to compensation lor termination of coatrack of managing agent or any other contract.-(1) Notwithstanding anything contained in the Companies Act or in any other law for the time being in force, no managing agent shall be entitled to any compensation for the premature termination under this Act of any contract of management entered into by him with the railway company, and no person shall be entitled to com- peilsation in respect of the cancellation or variation under thi's Act of an> other contract or agreement.

(2) Nothing contained in sub-section (1) shall affect the right of any such managing agent or person to recover from the railway company moneys recoverable otherwise than by way of such compensation.

12. Caneelllation of appointment of' directors.-(1) If at any time it appears to the Central Government that the purpose of the notified o r d e ~ appointing the directors has been fulfilled or that for any other reason it

OF, 19511 Railway Co?npanies ( E m e r g e n c y Provis ions) 5 . i! is unnecessary that the notified order should remain in force, the Central Government may, by notified order, cancel the appointment of directors bade under this Act.

(2) On the cancellation of any such appointment as is referred to in sub-section ( I ) , the Central Government may- !

(a) direct- that all the property, effects and axtionable claims of the railway company shall revest in the persons in whom they were ' vested before the issue of the notified order under section 3; or

(b) reconstitute by fresh appointment a new body of persons to take charge of the management and administration of the whole affairs of the railway company, whether as directors or managers or in any other capacity:

Provided that no such direction or fresh appointment shall be made gxcept in pursuance of a resolution passed by the shareholders of the rail- ,way company at a meeting called for the purpose by the directors appointed under section 3.

(3) The Central Government may, a t any time before the issue of the notified order under sub-section ( I ) , take such, action as may be necessary under clause (b) of sub-section (2) for the purpose of making any fresh appointments.

13. Application sf the Companies Act.- (1) Notwithstanding any t h h g contained in the Companies Act or in the memorandum or articles of association of the railway company, but subject to the other provisions bontained in this Act,-

(a) it shall not be lawful for the shareholders of the railway company oriany other person to nominate or appoint any person to be s director of the railway company;

(b) no resolution passed at any meeting of the shareholders of , the railway company shall be given effect to unless approved by the

Central Government; (c) no proceeding for the winding-up of the railway company or

for the appointment of a receiver in respect thereof shall lie in any court, unless by or with the sanction of the Central Government.

(2) Subject to the provisions contained in sub-section (1) and to the other provisions contained in this Act and subject to such e x c e p tions. restrictions and limitations as the Central Government may by notified order specify, the Companies Act shall continue to apply to the railway company in the same manner as it applied thereto before the issue of the notified order under section 3. -

14. Effect of Act on other laws.-The provisions of this Act and of any notified order made thereunder shall have effect notwithstanding anything illconsistent therewith in any other law for the time being in force or in the n~einorandui~l 01- articles of association of the railway company or in any other instrument having effect by virtue of any law other than this Act, but save as aforesaid the provisions of .this Act skiall be in addi- (ion to, and not in derogation of, any'other law for the time being applicable to the railway company.

15. Directors to be public servants.-Every director appointed under section 3 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Act XLV of 1860).

, .

t .> -

i - i951] ~ Railway Companies (Emergency P~ovi!ions)

'355 20. Repeal of Ordinance II of 1951.-The Railway companies (Emer- $y Provisions) Ordinance, 1951 (11 of 1951) is hereby repealed: Provided that the repeal shall not affect-

(a) the operation of the said Ordinance; or

( b ) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Qrdinance,, or

.(c) any investigation, legal proceeding or remedy in respect of any such penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may he instituted, continued or . en. forced, and any such penalty, forfeiture, or punishment may be imposed as if this Act had not been passed: provided further that, subject to the preceding proviso, anything done my action taken (including any notified order issued, appointmenl . e or direction given under the said Ordinance) shall be deemed to r been done or taken under the corresponding provision of this Act shall continue in force accordingly, unless and until superseded by

:hing done or any action taken under this Act.

t

All Act further to a&nd the Indiyl Companies 'Abt, 1913 ' .

. [14th September., 19514 E i t enacted by ~ar1iamor.it.a~ follows: - 1. Short title.-This Act m& be called* the Indian Cmnpaaes (rimend- nt) Act, 1951. 2. ~nsbrtion of new section 8 i i . in Act VII of 1913.-After section 86L

the Indian Companies Act, 1913~':(hereinafter rcferred to as the principeg. t); $he following section shall be ipserted, neme1y:-

''865. Restrictions on cqppointTzent, reappointment and numbel . oA directors, their remuneration, etc.-(1) Notwithstanding anything to the contrary hontained in any other proyision of this Act or in the articles- of, or any agreement with, any company,-

eudmeni *in h e i?tio:es or edg variation in 'the

(i)-which relates to $he 'gppointment of a managing direct,or or tho appointment or erection of a director not liahl~. to retire by rotat: 1011, or

. (ii) which purports to incraise or has the effeof . &. i:icren~ing, whether directly or inilQect-ly, the remunera~joas of a managing director or any other'$irector, or (b ) any increase ic the number of dxectors for in

the articles, except where the increase . i $ ' ~ i t h i n the maximum. limits pc?rmissible under t h e articles as in f6rce on the. 21st day of July, 1951, or

( c ) the appointment of a managing direct&\£o* the first time. . after, the 21st day of July, 1951, or the reappointment after ths

said date of a managing director holding office such, on thafi date or thereafter, if the terms of such reappointeent purpo* $0

' increase or have ths effecl of increasing, whetbe? directly indirectly, 'the remunera.tion that the managing %irector was receiving immediately before such reappointment, \;,,

shall be void unless approved by t h Central ~overnrneih, (2) Where a cornplaict is made to the Central ~ o v e r n m i ~ t by the

managing agent, managing director or any other dira~tor of;; 9 coin.. ,

that as a result of a change in the owcership of the shares held s eompsq s change in the board of directors is: like'lg t,o take prhich, if allowcd, would affect prejudicially the affairs M the

Government may, if, after such inquiry 5s iti t is satisfied that i t is just and proper so ta do, no resolution passed or action taken to effect a

d of d,ire'ctors a fb r the date of the complaint shaJ.8 . .

Price annas 2 or B. ' .

::: @,.? g; g,. fi p. k??

pa:; 15 r' I-. g P 2 7. I?. $; $.: +. b, * e . g, .. -

E b:,. g.:: Q p... g :.,

b: ii p - p k:: 22- g - F . -.. g; '. . g;. $- $;- 8; &. >:: '

E' y' . 8 .:: 4

6-

g. $; .~ & g; ?: E> ,+,, @ z>., . .., g:' p,

g p:~'

It I C; b. y . C). b5. . $<

F... t:: PL'..

f: L. 5: ji

j. i;: i;. P- 5 . Q.

$1 :+

3 . \ %. Indiatz Compmies ( ~ m s n d m e n g [ACT L ~ I

have .effect unlesa confirmed by the central/ Government, add any - such order shall have effect notwithstanding ;anything .to the contrary

contained in shy other provision of this Ace-or in the articles of the company. ' !

(3) Kothing contained in this 6ectiorj" hall apply $0 a priv&&l ooplpany unletis i t is a subsidiary company of a public company,"

8. Insertion .of new section .87AA in A& ,'VII of 1913.-After sectiioq -87A of the principal Act, the following secti0.n shall be inserted, namely: --:

. .

" 8 7 ~ ~ . Restrictions on eztsnsi,on ,)of temz of office, of managing 3gents.-ln the ca.se of a company managed by a managing &gent, Etny anlendmelit in t,ho srticles of, or)'ang variation in any agreement, with, the coqpany which purports $0 exi,end, or has tko effect of extending, the term of office of s ;ba.naging agent holding office. pa such on the 21st day of July, 195$ shall, notwithstanding,anyfhlng bo the contrary contailled in any other provision of this Act or in the

or agreeinent, be void unl$s approved by the Central U-ovefl- ment :

'1

Provided that nothing contained in this section shall apply $0 a .private4 company unless it is a subsidiary company of @'public company."

4. Amendment of section 87B, Act VII bf 1913.---kfter t h e proviso to , :~llause (c) of section 8713 of the pridcipcal Act, the following further proviso

.-+hall be inserted, namely:- < . . .

"Provided further that i; the case of a public compapy managed by a managing agent, ,a traqkfer of his office by .the, managing -agent shail be void u111e~a the ap~koval of the Central. Government is dao obtained. ' 2 i *

5.~1nsertion si n;ew 'section 87BB in Act VFE sf 1913.-After -seOtioa .87B of the principal Act, the foflowing section. shall be inserted, nemaly:-..1

"8i'BB. Rest~ictions o h clzange in the konstitution of a man&ing agent.-(1) anything contained in any other provisim

public cofiipany manage3 by a managing no change in the c'onstitution of

t h e managing agent sha,k have effect unless approved by the Central Qovernn~ent, and 'every EI ch firm or compa.ng sh:~ll wase to be entitled io act as ~ u c h . m a n a . ~ i & agent - from the date of euch chanke un@ . the approval' of the Cen'tral Government, is obtained.

- t . Explattution 1.-Spbject to the exceptions contained ih Ecplana-

bion 11, e. chmgtj in t.be constitution of a managing g e n t t ~ k e e plaoe ,In m y of the followink drcumstancea, namely:--

(a) where tl$k mana.ging agent is a firm, by a change. among the -pmtuyrs of; the firm, whether caused by the retirement or

, , replacement ofjany of the partners or by the introduction of r new partner! as the case may be,

(b) where ;the .mana.ging agent is a cornpacy, bg a cha,ngc amogg the brjard of directors, or managers t,hereof, whethe) caused by tk& retirement or replacement of. any director or manager or $ySthe introduction of a new director or mana.ger, m the,case m+y be, or by s change in the regidwed ow~ership o; shares in t@e company,

359 . * i '

In'dia~z Companies (Amendm end)

%b where the managing agent. is a private aompany, by &@

R ccnvsfqion thereof into a public company. ,,- p $ ~ & l a n a k 'on II.-No change in the constitution of a mannging 2 tagent shall be~~deemed to have taken place iu any of the fullowbq k- cii-c~mstances, ~ a m e l y :-

i C {.

(a) aher$ the managing agent is a firm, by a change among the partners ht the fimi caused by the death or ret i r~ment by efflux of time ofja partner, * F ',

(b) where th'p, ma,naging agent is n company, by a change $ among the board d'f; directors or managers caused by the death or :r retiremect by efflux%>of time of any of them, or a change caused,

by the death of s.nyLvshareholder of the managing agency corn-. psny. i

t (2) Notwithstanding anytthir*g contained in sub-sectioiz ( I ) , where

the change in the constitution'lrf the managing agent, which is a p u b b ctompany the shares whereof are, for the time being dealt in or quoted on the principal stock exchange& of India, is due to a change in the registered ownership of the sharB~ held therein, nothing contained Irs hhat sub-section shall apply to the, managing agent unlesa the Ccnhal Governmeni, by notification in the\,Ofticial Gazettz, otherwlvo directs, and any such notification may prov"e that with effect frxn such dass. as may be specified therein every such managing agent shall cease $o be entitlsd to act as such until the approval of the Central O-overnment is obtained to the change:

i * Provided that no such notification &hall be issued unless the Oen-

hral Government is of opinion that the chahge is of such a zaature the3 i t has affected or is likely to affect prejudiqally the affairs Of the 'cornpany which is being managed by the manqing agent."

6. Insertion of new section 870C in Act 'iTZi$ Of 1913..-After section. 0 of the principal Act, the following section shall be inserted, namely:-+

"87CC. Restrictions on amendment of art;icles or agreement relet- ing to appoilztrneni or remurzeration of managihg agents, &.-(I) No&- withstanding anything' to the contrary contain@ in any other provision of this Act or in the articles of, or agreemenk,with, any company,-

(a) the appointrnant of a managing agen't for the company fop bhe first time after the 21st day of July, 1951r and

(b)' in the case of a company managed by 4 managing agcn$,-- (9 any amendment in the articles of, or any variation i . ~

any agreement with, the company which relates to Bhs appointment of the managing agent or which purports ts in-- crease or has the effect of increasing, wheth'yr directly or indirectly, the remuneration of the managing $gent, managing director or any other director, 01 [,

(ii) the reappointment after the 21st day \f .July, 1961; of a managing agent holding office as such on tlipt date or the appointment of a new managing agent in place i f the manrsg. ing* agent holding office RS S U C ~ on that date or thereafter,

shall be void unless approved by the Central GoverntJsent. (2) Nothing contained insthis section shall apply to a hrivate corn-

paqy unless it is a subsidiary company of a public cornpan&':

?.

$60 ' 4 , Indian Cornpmties ( A m e n d ~ n e n t ) LACT LII

! T. Insertion 09 new spcticins 1590 &nand 153D in Act WI of lL9%3,-ln [ Rapt I V of the principal Act, before section 154, the following heading end p aacttions shall be inserted, namely r - , I h F 1 "Alternative remedy t o winding u p in cases o f rni?rnanagement 57

P , g - oppression. 54. g. .. 153C. Pow'er of court t o act .when company acts in a' prejudicial h i ,

'

manner' or oppresses any part of its members.-(1) Without prejudice . . . t?j -80 any other action that may be taken, 'whefher in pursuanceof this b..? g Act o r any ofher law f o r the time being iniforce, any member -of (i g,., 'r*)~

compaay who complains that the affairs of the ,company are being @?n.ducted- b: *

:-> .r.. , . ;

&, r (a) in a man%er prejudicial to the interesfs of the campany, or

(b) in a manner oppressive to some part of the members (in. eluding himself),

t I, may inake an application fo the court for an order under this seetion c. > &.

$2 , (29 An application under suk-se,tion ( I ) may a.lso be made by the g '*, Si-

G6ntral .Government if 'i* is satisfi9d that tho affairs cd the company . g.. ~7. .are being conducted as aforesaid. ' . -

i (3) No application under sub-section ( 1 ) shall be made by any

$ member, 'unless- kx +

1. ( a ) in the case of a company having a share capital, the mem- ' ber complaining- k-

p.,. . f:

(9 has obtained the consent in writing of not lons than & ;jir

one hundred in numver of t h e member? of the company or .., . B ;. not less ,than om-tenth in number of the members, ahichever & \ .. , ie less, or L $- f (ii) holds not I+s than one-tenth of the issued share oapi-

tal of the company; upon which all calls and other ~mms due I. have been paid; z ~ l d G

( b ) 'in the..case ofia company not having a share capital, the member complaining ; has obtai6ed the, consent ~ I I wr'iting of no6 less than , one-.a;fth in. number of the members,

:and where there are sever,l pej*sons having tfie same interest in any such applicatio!l and .the-conciitiori specified in clause ( a ) or clause ( b ) -of this. sub-section is satisfiecl with reference to one or more of -such persons, any olie or make of. them rna.y, with the permissioli of the court, make the ixpplicgtion on behalf of, or for the benefit of, alJ persons so interedecl, and the provisions of rule 8 of Order I of the First Schedule to the Code of Civil Procedure, 1908 (Act V of 1908), shall.apply to any sucl; application i1.s ,it upplies to any suit within the ,meaning of that rule. ;

(4) If on any such application the court is. of opinion-

(a)'%hat the company's affairs, are being conducted as afore- %aid, and '

. " 19511 \ Ind ian Conzpanios ( A m e n d m e n t ) 5

( b ) that1@ wind up the company would unfairly and rnaterinllg prejudice theinterests of the company or any part of its members, but otherwisekbe facts would justify t h ~ making of a winding-up order on the g*und that it is just and equitable that the corn. pany should bet,waund up,

the court may, with '4 view to bringing to an cnd the matters corn- plained of, make such arder in relation thereto &s it thinks fit,

(5) Without pejudi& to the generality of the powers. vested in a oourt under sub-section (43 any order made under that sub-section may provide for- <,

( a ) the regulation oftthe conduct of the company's affairs .In- future;

(b) the purchase of thi\ hares or interests of any members 01 the company by other mernqrs thereof or by the company;

(c) in the case of a purchase of shares or interests by the corn. pany being a company having 4 share capital, for the reduction, accordingly of the company's capital or otherwise;

'<

( d ) the termination of any a&pment, howsoever arl"ived at, between the company and its manager, managing agent, manag.

ling director or any of its other directprs;

( e ) the .termination or revision o f .any agreemant enter& into .between the company and any pexson other than any of the

a persons referred to in clause ( d ) , prsvid4d that no such agreement shall be terminated or revised except a f4 r due notice t"o the party, concerned and, in the case of the revisiod; of any such agreemed, after obtaining the consent of the party cdqcerned thereto;

(f) the setting asidc of any transfer, helivery of goods, payment, execution or other act relating to ph?perty made or done by or against the company within three mohths before the date of the application under sub-section (I), whicb would, if made or done by or against an individual, be deemed 'ip his insolvency k be a fraudulent preference. 6

i . i '(G) '?Tilere an orde,r under this section makes an8 .alteration , in,

o r addition to , the ~nemorandum or articles sf any 'pompany, then,, notvithstanding anything contained in any oLher pproviqon of this Act, but subject to the provisio~s of the order, the cornp&ly co'ncerned shall not have power without the leave of the court t&\ make , any further alteration in, or addition to, the coniiisteut with the provisions oE the &der, but subject provisions. of this sub-sc;cl;ion the altwations or order sha,ll have the sa,mn eBeot as if duly company, and the provisions of this Act shall r ~ n d u m or &rticles as so altered 'or add& to accordingly.

, '\,

(7) A oertified cppy of every orjler uuder this section slipring or adding to, or giving leave to alter or add to, the -lneniorahdum or articles of any company shall, within fifteen days after the\making %hereof, be delivered by the company t o the registrar for regi$$ration, and if a company makes default in complying with the provisions of

C s t l @ 3 6 2 6 Indian compcrmieB ( A m e l 2 d m e n t ) D ; [ACT

s.

F this sub-section, the corripany and every officer-of thetcompany who 1 i s in default shall be punishable with fine vhi" mag%xtend to five

thousand rupees. 1 I ' ? '(8) It shall be lawful for the court upon the gbpiication of any. 6 petitioner or of any responderit to a petition underi'this section end

q o n such terms as to the court appears just a11d >@quitable, to make L sny such interim order as it thinks fit for r e g u l a t ~ ~ ~ g the oanduct' of k+ the affairs of the company pending the mrzki~ig~ ~f a final order in

relation to the application. F; e

t (9) Where any manager, managing agent, ahanaging director or any other director or any other person who has not been impleaded ae. 2

$ a respondent to any application under %his se;.,tion applies LO La made $ ti party thereto; the court shall, if it is sabisfied that his presence before g the court is necessary in order to enable the col~r t effeclually andl t* completely to adjudicate upon and settle nU the questions involvd ; in the application, direct that the name of i n y suEh person be added % to the application. I

I - Ft t (10) I n case in which the court jnaliev an o ~ d e r terminating i . I any agreement between the company and, its manager, managing ageht

(i. or managing director or any of its other girectors, a6 the case nlay be,

k- the eourt may, if it appears to it that £he manager, managing agent, managing director 01 other direct"r, as $he case rnaq be, tias $rnis- applied or retained or become liable or accountable ior any money or

C property of the company or has been 'guilty of any misfeasance or

& breach of trust in relation to the .company, compel him to repay or L k* restore the money -or p r o p ~ r t y or any par t thereof respectively with I. interest a t sue,h rale 8,s the court thfnks just, or to contribute such F eums to the assets of the company by way of compensation in respect F, I. of $he misapplication, retainer, misfeasance or breach of trust cs the

E court thinks just, and the provisions of sections 235 and 236 of this Aafi shall apply as they apply to a company in the course of being wound ,

&' 2' UP. L

1 Exp!ancitio?z.-For the purposes of this section, any material - change after the 2ls t day of July, 1951, in the control of a aompany,

$ or in the case of a company having a ' managing agent in the corn- position of the managing agent which' is a firm or in the F . control of the managing agent which is a company, may

B t

be deemed by the court to be a fact which would justify the makiq of a winding-up order on the ground that i t ' w a l d be-just and eguiQ s able that the company should be wound up :

4 A

Provided that the court is satisfied that by reason of. €be change I. the interests of the company or any part of. its members are or are l ikdg f, to be unfairly and materially prejudiced. P I

f + 153D. Ef fec t of t e ~ . m i n a t i o n 01 ~~zanag ing a g e n c y a p e e n t e n t , etc.-

!/ ( I ) Where by virtue of an order made under sub-section (5) of section :** t' 153C an agreement between a company and its manager, managing I if agent, managing director or othsr director, as the case may be,' iEl 4 terminated or any other agreement is terminated or revised,--

!. , L -

(a) the order shall not give rise to nqy claim on the par% of the manager, managing agent, managing director or other director,

kd as ths case may be, for damages or for compensation for loss of

p f

1 . = - 36'3 : - , \ by op 1851] " 3- 6 Indian* Companies (~mh.ndment)

4 - z ofice 'qr otherwise, .whether the clzirn is made in pursuance of tbe agreemQnt or otherwise,

. - (b) 'bbe order shall not give rise t'o &any claim on the part ab any othePPPpPperson~for damages or for compensati~n for the tern& nation -or +vision' of' any other agreement, and

( c ) no 4anager, managing agent, managing director or other , director or aQ associate of such managing agent &all, withouj

the leave of t&e court, be appointed or reappointed.or be e n t i t l d .

to act as the rnbpager, managing agent, managing director or dirq. tor of the c 0 m p ; ~ ~ for a period of five years from tho date of thg order. t, \

(2) If any person'3cts as the managing agent or manager of: a company in contraventio4 of the provisions of this section, such *persQn, and in the case of a cornfipny each of its directors, shall be punishabla with inlprisonment for a tkrm which may extend to one year, or with Bne which may extend to fi-vvs thousand rupees, or with both.

t (3) No court shall grant?eave under this section, unless notiae 2 the application has been servkd on the Central Govemn~ent and the 2 .: Centrai Government bas been @ven an qporluni ty of be!ng- .heard @ :* the matter. Lv

i 27 Explatzai-iofi.--In this sect?@^. t,he expression 'associate of 8

nlanagi~~g agei~t ' n~eails--

{a ) any firm of which the 4a.naging. agent is a ptkrtner;

(6) any partner of 'the man&ing.agent; , (o) m y privatecompany in +hihioh the managing agentor tpz

. ~ ,

partner of t h e managing agent or any officer of the manag@ . , q e n t is a mernber,'director, rnangeing a'gent or mmager;

, (d) in the case qf managing a&?t which is a company, any .subsidiary cornpa,ny of the managipg agent and any . direjotmi, planaging agent or mknager of the rntg.naging agent or any sub& diary company of the managing agent\+,

I. ''< . B , - (e) where the managing agent i s b private company, , j

( I ~? ,.direotor or any member thereof ; !$ .. . I - (f) any oom@ny of which the manaaFg 'agent, whether a l ~ r ~ e

1 j , or together gvith any pai-tner of the mandging agent, and w h e ~

the managing agent is a .company, any dili~ctor of the managing i , . agent,' isientitled to exercise, o r contra1 the A~ercise of, one-qu&m / 1

or moro of the voting power at any'general qeeting." ! . . i

, . 8. Insertion of rsew section 288B in Act 891 of '3913.--After seot'ioq

Q898 of the principal Act, the following section fihall be'$nserted, namely:-+ I I

"280H. Power of Cerltral Goverlzmcni t o appoint aclvisory corn- * , mission a~zd t o make ~ t i 1 e e i n respect of certain mattqrs.-- (1) Fur the

purpose of advising it in relation to any matter arisi$g out of seotioe

i.' 86J, eection 87AA, clause ( c ) of section 87B, section v7BB .or seotion

5 ¶7CC, the Central Government may constitute a commission consistig .

r . ~ of not more than three persons with suitable qualifications and appoint one of them to be the ,chairman thered.

' B i'

I n d i a n Conzpamies ( ~ m e n d w e n t ) ! [ACT LII f

(2) It shall be the duty of the commission to induiie into and ' advise the Central Government on all applications fof approval made

to the Central Gcmernment under any of the sectiops referred to in aub-section (1) and on all other matters which may bg referred to it by the Central Government under any of the said secplons.

(3) Every application for approval made to tde Central Govern- ment under any of the sections referred to in sub:seotion (1) shaU be in such form as may be prescribed.

(4) Before any application for approval is made to the Central Government, there shall be issued by or on behqlf of the company ra general notice to the members indicating the nature of the approval sought, and such notice shall be published once iil the principal Indian language of the State in which the registered office of the company is aituate in a newspaper circulating in that State, and once in-English in a newspaper similarly circulating, and copies of the publication duly certified by the company shall be attached to the application for approval:

Provided that nothing in this sub-section shall apply to a private zompany w'bich is not bhe managing agent of a public company.

(5) 3 0 1 the purpose of making an37 inquiry undcr this section the cornmission may-

(a) requ-ire the productioii before i t of m y books or other documents in the possession, custodg or control, of the corripang

I relating to any matter under inquiry; A

(b) call for zny further information or explanation if the corn-- mission is of opinion that such information or explanation ie necessary in order that the books or other documents produced before i t may afford full particulars of the matter to which they purport to relate ;

(o) with such assistants as 'it thinks necessary, inspect m y books or other documents so pryduoed a r~d make copies thereof or take extracts therefrom; . '

I (d) require any manager, inanaging agent, managing director or any o h r director or other officer of the company or any shareholder or any other person who, in the opinion of the commission, is likely to furnish information with respect to the affairs of the company relating to any matter under inquiry, to appear before iQ, and examine such person on oath or require him to furnish suoh information as may be required and administer an oath a ~ o P d - ingly to the person for the purpose. (6) If any person refuses or negledts to produce any book or other

document in his possession orgcustody which he is required to produce under this section or to answer any question put to him relating to any matter under inquiry, he shall be punishable with imprisonment for term which may extend to two years and shall also be liable to fine.

(7') No suit or other legal proceeding shall lie against the Central Government, the commis~ion or any member of the commission in respect of anything which is in good faith donear intended to be done in ~ursuance of this sect+ or the sections referred to,in sub-section (1) or of any rules or orders made thereunder.'!

S //

OF 19513 Indian Oompaniss ( A m e n d m e n t ) /'l 9 A-

.9. Repeal of Ordinance I11 of 1951.-+) ~ h e ' 1 n d i ~ n " ~ o m ~ a ~ i e s (Amend ment) Ordjnance, 1951 (I11 of 1951) is hereby repe9fed.

4" (2) Nothwithktailding such repeal, anything~done or any action taken in ,

the exercise of any power conferred by or p6der the said Ordinancg' shall be deemed to have beeli done or taken $'the exercise of the powers conferred by or under this Act, as if jjis Act were in force on the day-on which such thing was done or act@ was taken.

,i

i H

/?*'

J P

THE EMPLOYEES' - ---.*

.

An Act t o amend the Employees' State Insurance Act, 1948. [ B t l z October. 1951J

B E it enacted by Parliarneat as follon,s : -. 1. Short title.--This Act may be called the Employees' Statn, Insuraiioe

(Amendment) Act, 1961. 2. Amendment of section 1, Act XXXIV of 1948.-In section 1 of the

Employees' state Insurance Act, 1948 (hereinsfter referred to as the priiicipal Act),-

(a) in sub-section ( 2 ) , for the words and letter "except Part B States" the words "except the State of Jammu and Kashmir" shall be substituted ;

( b ) in sub-section (3), for the words "for different States" the words "for different States or for different parts thereof" shall be substituted ;

( c ) in sub-section (5), for the words "with the approval of the Centrd Government" the words "where the appropriate Government is a State Government, with the approval of the Centqal Government" shall ba ~ubstituted.

3. Amendment of section 2, Act XXXIV of 1948.-In section 2 of the principal Ac-t,-,

. (a) for clause (2) the followiilg clause shall be substituted, namely:-

- '(2) "benefit period" means such period, being riot less ~BBB twentp-five but not exceeding twenty-seven consecutive w e ~ k s or six consecutive months corresponding to the contribution period, as may be specified in the regul&tions:

Provided that in the case of the first benefit period a longel. or shorter period nlay be specified by or under the regulations;'; (b) for clause (5) the following clause shall be substituted,

11amely :- '(5) "contribution period" meabs such period, being not less

than twenty-five but not exceeding twenty-sevan consecutivs weeks . . or ,rix consecutive months, as may be specified in the regulaHons:

Provided that in the case of the first contribution period a longer or shorter period may be specified by or under the regulations ; ' ; (c) in claiise (18),-

(i) ia the dcfiiiition of "factory", the worcls ''01. n rai16ay rmlning shed" shall be added a t the end; and

832 M. sf Law.

5 2 13~rcployee.s' S ia te I~~sz~varzce (Anzerzclnzerzt) [ACT LIII-

(ii) for the figures "1934" the figures "1948" shali be substi- L

tilted ;

i. ( d l in olsuse (15 ) , for the figures "1934" the figures "1948" shall 5 be subst7tuted ;

* (e) 111 clause (li'), in sub-clause (i), for the words, brackets, letter

C 1 and figures "clause (e) of sub-sectlon (1) of section 9 of the k'actories Act, 1934" the words and figures "the Factories Act, 1948" shall be

!. substituted ;

I (f) in clause (22), for the words "paid at regular intervals nfter the g last day of the wage period" the words "paid a t intervals not exceed~ng k , two nlonths" shall be substituted. 6 4. Amendment of section 4, Aot XXXIV of 1948.-In section 4 of the ! prir~cipal Act, in clause (d), for the words and letter "Par t A States" the L words and letters "Part A States and Par t B States in which this Act is iny 1 force" shall 1,e substituted. $ F 4 5. Amendment of section 8, Act XXXIV of 1948.-In section 8 of the

p r i i ~ c i p ~ l Act,- I

(a) nfter clause (b). the following clause shall be inserted, namely : - i " (b b) three members of the Corporation representing such

three ,State Governments thereon as the Central Gowrnment rnti-y,

h by notification in the Official Gazette, specify from time to time;";

f t ( h ) ill clause (c),- [, ( i ) for the n.orc1 "nine ' l11r n7ul.cl "six" shnll be ql~bstituted; t b end b (ti) sub-clause (i) shall be omitted. I

v -6 . Amendment of section 9, Act XXXIV of 1948.-111 section 9 of the '

principal Act, for the word, brackets and letter "clause (b)", in b ~ t h the places where they occur, the words, brackets and letters "clause (b) ur clause, (b b) ' shall be substituted.

/ - g, - 7. Amendment of section 10, Act XXXIV of 1948.-In section 10 of the f principal Act, in clause (d) of sub-se7tion ( I ) , for the woids al,d letter 2 4 "Part h States" the words and letters "Part A States and Par t I3 States

in which this Aot is in force" shall be substituted. 1. 8. Amendment of section 12, Act XXXIV of 1948.-Section 12 of the t principal Act shall be renumbered as sub-section (1) thereof, and after sub-

section (1) as so renumbered, the followiug sub-section shall be inserted, namely : -

r: k "(2) Where in the oyinioil of the Central Government any person 9 nolninated or elect,ed to represent employers, employees or the medical

profession on the Corporation. the Standing Committee or the Medical Benefit Council, tis the case may be, has ceased to represent such

c employers, employees or tha medical profession, the Central Govern- t+ ment may, by notification in the Official Gazette, declare that with

effect from such date as may be specified therain such person shall cease to be a member of the Corporation, the Standing Cornmitt- oe or

I the Medical Benefit Council, as t h e case may be." ". , 9. Amendment of section 22, Act XXXIV of 1948.-In clause (a) of I section 22 of the principal Act, for the words "the Corporation, t h e

Stxocli~iq Committee and tile Medical (:ommissioner" the words " the Corporation and the Standing Committee" shall be substituted

I

e

1

2 , - 1

1

OF 19511 Employ ebs' Stnte Insurnn,ca (Antendntenl) 3 1 " 369 1

I !

, 10. Amendment of section 26, Act XXXIV of 1948.-In section 26 of I

the principal Act,-- I

(a ) in sub-section ( 2 ) , the words and letter "Part B States" shall . . ; be omitted ; and ' :

( 0 ) fcr sub-section (3). the following sub-section shall be suhsti- t u M , namely : - I

"(3) Subject to the other provisions contained in this Act and to any rules or regulations made in this behalf, all moneys accruing or payable to the said Fund shall be paid into the Reserve Bank . of India or such other bank as may be approvzd by the Central Government to the credit of an hccount styled the account of the

I

Employees' State Insurance Fund. " '

11. Amendment of section 28, Act XXXIV of 1948.-In clause ( u ) of section 28 of the principal Act, the w3i.d~ an$ letter "Part B States" shall " be omitted.

12. hbstitution of new section for section 44 in Act XXXIV of 1948.- For section 44 of the principal Act, the following section shall be substi- - tuted, namely :-

"44. E m p l o y e ~ s to fu~nish TetuThs and maintain r eg i s t e~s in certain cases.-(1: Every principal hnd immediate employer shall submit to the Corporation or to such officer of the Corporation as it may direob such returns in such form and containing such particulars relating ta persons employed by him or to any factory br establishment in rospec6 of which he is the principal or immediate employer as may be specified in regulations made in this behalf.

(2) Where in respect of any factory or establishment the Corpo- - , ration has reason- to believe that a return should have been submitted under sub-section (1 ) but has not been so submitted,'the Corporation mny require any person in charge of the factory or establishment to furnish such particulars h s i t may consider necessary for the purpose of enabling the Corporation to decide whether the factory or establishmect is n factorv or establishineilt to which this Act applies .

(3) Every principal and immediate employer shall maintain such registers or records in respect of his factory or establishment as mag be reqilJ1;_~d by regulations made i11 this behalf. "

13. Amendment of section 45, Act XXXIV of 1948.- Tn sub-section (2) of section 45 of the principal Act, after clause (c) the following clausea shall be inserted, namely :-

" ( d ) make copies of, or take extracts from, any register, account book or other documznt maintained in such factory, establishment, oficz or other premises;

f e ) exercise such other powers s~ may h~ presoribed." 14. Amendment of section 50, Act XXXIV of 1948.-In section 50 of

the principal Act,- (a) in sub-section ( I ) , for the word "occurring" the words

"occurrb~g or expected to occur" shall be substituted;

(b) in sub-section (21, for the words "the r ~ t e of twelve annas 8 day" thz words "tlle daily rate specified in sub-section (3)" shall bur - substituted .

E??zployces' State Insurance (Amendme&) [ACT LIII

ction -(B), the following sub-section shall be

"(3) The daily rate referred to in sub-section (2) shall be-

( i ) the rate a t which the insured woman could have claimed sickness benefit for any period of siclineks during the benefit period in which the confinement occurs or isJexpected to occur if she had been qualified to claim sicliness .benefit during that period, or

(ii) twelve annas,

15. Amendment of section 53, Act XXXIV of 1948.-In clause (iit) of section 53 of the priilcipal Act, 'for the woi-ds and figures "Commissioner

' . appointed under the Workmen's Compensation Act, 1923 (VIII of 1923)" the words "Employees' Insurance Court having jurisdiction" shall be substituted.

16. Amendment Of section 55, Act XXXIV of 1948.-In section 55 d (he principal Act,-

n ( I ) the following sub-section shall be substituted,

" ( 1 ) Subject to the provisions of this Act, the Corporation may, either of its own motion or on the application of the person receiving the benefit, review the payment of any disablement or dependants' benefit :

Provided that unless otlierwise specifikd in the regulations . made in this behalf every application for the review of a disable- mezt benefit shall be accompanied by a .certificate of a duly appointed medical oficer. " ;

(b) in sub-section (21,-

( i ) for the words "the ~ommission6r" the words "the Corpo- r&:.lon", shall he fi~ihst; i t , i~t~~d : and

(ii) for the words "disablement benefit" the words "disablement or dependants' benefit" shall be substituted.

17. Am,endment of section 56, Act XXXIV of 1948.-Iii sub-geetion (3) of section t 6 of the pri11cipx1 Act, for the words "or as provided under the regulations, is in receipt of disablemeilt benefit" the words "or is in receipt of such disablement benefit a s does not disontitle him to medical benefit under the regulations" shall be substituted.

18. Amendment of section 58, Act XXXIV of 1948.-In sub-section (4) of section 58 of the principal 4ct, for the words and letter "for a Part A State" the words "of a State" shall be substituted.

19. Amendment of section 68, Act XXXIV of 1948.-In sub-section ( I ) of section W uf the principal Act, for clause (i), the following clause shall be substituted, namely : -

"(i) the difference between the amount of benefit which is paid by the Corporati011 to the said person and the amount of the. benefit

, which would have been payable on the basis of the contributions which were in fact paid by the employer; or" ; B

I

)F 19511. E?nplo.tjeesf Slate I~zsurance (Anzendnzent) 6 3 7 1 i

I -20. Insertion of new Chapter V-A in Act XXXIV of 1948.-In the

I

irincipal Act, after Chapter V, the following shall be inserted as Chapter . i 1 V-A, namely :- I I

J 'CHAPTER V-A.

TRANSITORY PROVISIONS.

73A. Employer's special contribution.-(1) For so long as the provisions of this Chapter are in force, every principal employer shall, notwithstanding anything contained in this Act, pay to the Oorpora- tioii a special contribution (hereinafter referred to as the employer's special contribution) a t 'the rate specified under sub-section (3).

(2) The employer's special contribution shall, in the case of a factory or establishment situate in any area in which the provisions of both Chapters IV and V are in force, be in lieu of the employer's contribution payable under Chapter IV.

(3) The epployer's special contribution shall consist of such percentage, not exceeding five per cent. of the total wage bill of the emplqper, as the Central Government may, by notification in the Official Gazette, specify' from time to time :

Provided that before fixing or varying any such percentage the Central Government shall give by like notification not iess than two '

months' notice of its intention'so ta do and shall in such notifiqation specify the percentage which it proposes to fix or, as- the case may be, the extent to which the percentage already fixed is to be varied:

Provided further that the employer's special contribation- in the case of factories or establishments situabe in any area in which the provisions of both Chapt-ers IV and V are in force shall be fixed at a rate higher than that in the case of factories or establishments sitpate in any area in which the provisions of the said Chapters are not in force

(4) The employer's special contribution shall fall due as soon as the liability of the employer to pay wages accrues, but may be paid to the Corporation a t such intervals, within such time and in such manner as the Central Government may, by notification in the Official Gazette, specify, and any such notification may provide for the grant of a rebate for prompt payment bf such contribution.

Explanation.-"To,$al wage bill" in this section nleans tile total wages which have accrued due to employees in a factory or. establish- 'ment in respect of such wage periods as may be specified for the purposes of this section by the Central Government by notification in the Official Gazette.

73B. Special t~ibunals for deeiszon of disputes or questions under t7zis Chapter where there is no Employees' Insurance Court.-(1) If any question or dispute arises in respect of the employer's special contribution payable or recoverable under this Chapter and there is no Employees' Insurance Court having jurisdiotion to try such question or dispute, the question or dispute shall be decided by such authority as the Central Government may specify in this behalf.

p; .- 8: < " i 2 6 P 6 E?~zployses' Stute l.?zszrrance (Arn,cnclnzfint) [ACT L ~ I I

(2) The provisions of sub-section (1) of section 76, sections 77 to 79 and 81 shall, so far as may be, apply in relation to a proceeding before an. authority specified under sub-section (1) as they apply in relation to a proceeding before an Employees' Insurance Court.

73C. Benefits under Cho,pte~ -V to depend upon emplol~ee's contribution.-The payment of the employee's contribution for any week in accordance with the provisions of Chapter IV in any area where all the provisions of that Chapter are in force shall for the purpose of Chapter V, have effect as if the contributions payable under Chapter IV in respect of that employee for that week had been paid, and shall accordingly entitle the employee as an insured person to the benefits specified in Chapter V if he is otherwise entitled thereto.

Explanation.-In the case of an exempted employee, the employee's contribution shall be deemed to have been paid for 8 week . if the Corporation is gatisfied that during that week the employer's contribution under Chapter IV would have been payable in respect sf him but for the provisions of this Chapter.

F 73D. Mode of recovery of employer's special contribution.-The employer's special contribution payable under th i s Chapter may be

k recovered as if it were an amear of land revenue.

73E. Power to call for additional injormation or return.-With- out prejudice to the other provisions contained in this Act, the Cor- poration may, for the purpbse of determining whether the employer's special contribution is payable under this Chapter or for determining the amount thereof, by general or special order, require any principal or. immediate employer or any other person to furnish such information or returns to such authority, in such form and within such time as may be. specified in the order.

73F. Power to exempt to be exercised by, Central Govern?nent alone in respect of employer's special contributions.-Notwithstanding anything contained in this -4ct, the Central Govcr~n~ei i t may, hnvii?g regard to the size or location of, or the nature of the industry carried on in, any factory or establishment or class of factories or establishments, exempt the factory or establishment or class of factories ar establishments from the payment of the employer's special contribution under this Chapter and nothing contained in sections 87 to 91 inclusive shall be deemed to authorise any State Government to grant any such exemption.

. .

7 3 ~ . Application of certain of this Act t o employer's -

sj1er:in.l co?zt~il)~rtio~~~.-Save as. otherwise exlxes.ly provided j1.l this Chapter, the provisions of Chapter IV, sectibn 72 and Chapter VII and

. any rules and regulations made under this A'ct shall, so far as may be, apply in relation to the payment or recovery of employer's special. contjri- butions, the penalties specified i n connection therewith and all other

. matters incidental thereto as they wouldhave applied in relation to an employer's contribution if this Chapter were not in force and'the employer's contribution had been paypble under this Act.

. . 73H. Power to re.rnove difficulties.-(1) If any di&cuIty arises in giving effect to the provisions of this Chapter, the. Central Government m:ry, by order notified in the Official Gazette, make sush provision or- give such direction as appear to it to be necessary for the removal of :

the difficulty. . . ?

373 I I

7 -

(2) Ally order made under this section shall have effect notnithstanding anything inconsistent there\\rith 1i11 ally rules or rrgulations made under this Act.

731. Durutiot~ of Clzupter V-A.-The Central Governlneiit may, notification in the Official Gazette, direct that the provisions of this pter shall cease to have effect on such date as may be specified in notification, not being a date earlier than three months from the

e of the notification :

provided that on the provisions of this, Chapter so ceasing to have effeot the provisions of ,section 6 of the General Clauses Act, 1897 (X of 18971, shall apply as if the provisions of this Chapter had then been repealed by a' Central Act.'

21. Amendment of section 75, Act XXXIV of 1948 . t I n sub-section ( 1 ) section 75 of the principal A?t, after clause (e) the f a l l o~ ing clause ~11x11

)e inserted, namely :- "tee) any direction issued by the Corporation under section 55 on

~t re\rie\v of any payment of disablement or dependants' benefits;".

22. Amendmeot of section 86, Act XXXIV of 1948.-To sub-section (7) ,f sectioi~ 86 of the principal Act, the wcrdz "or of such ohher officer of the >orPoration as niay be authorised in this behalf by the Central Government" h+ll be aclded a t the end

23. Amendment of section 94, Act XXXIV of 1948.-In section 94 of he prin3ipal Act, after the words, *figures and braclrets "~nsolvency Ic t , 1020 (V of 1920)", the nrords and letter "or und?r any law relating to rlsol,~ency i l l forr:e in a Par t H Si2te" shell he in~rrt,ecl ,

24. loserlion of new section 94A in Act XXXIV of-1948.--After w.ctiol! 4 of the principal ~ c t ; the following section shall be inserted, nr~r:.ely.-

"94-4. Uel~gntion of powers.--The corporation, and, subject to any regulations made by the Coiporation in this behalf, the Standing Committee may direct that all of any of the powers 6nd functiolls which may be exercised or performed by the Corporation or the Stallchng Conlnlittee, as tl>e case may be, rnaji, iil )elation , to ~ l l ~ l i matters and subject to such conditions, if any, as may be specified, be also esercisable by any officer or autliority s:thordiiiate to the Corporation. "

25. Amendment of section 97, Act XXXIV of 1948.-In sub-section 1 ) of section 97 of the principal Act,--

[ a ) tor clause (xir) the folloaing clnllse sll,tli b e substituted, namely : -

"(xis) the returns to be submitted and the registers or records to be maintained by tht: principal and immediate employers, the ~OI-113s of such returns, registers or recol.ds, and the times at which such returns should be submitted and th'e particulars which such retuins, registers and records should contain ;" ; ,

(O) lor slause (xxi) the fol!oa7ing clause shall be substituted, namely: -

" ( X X L ) the method of tecruitmeat, par and allowances, discipline, superar.nunticn benefits and other conditions of servicr of the oficers and serva~tts of the Corporatio'll other than the Principal Officers :" ;

8 Employees' Stata Inszirc~~zce (A?nenclrnent] [ACT LIII

( c ) after sub-section (2) the followiilg sub-section shall be inserted, 1:amely : -

" ( 2 A ) The conditi6n of previous publication shall not a p p l ~ to any regulatioils of the nature specified in clause (xxi) of sub- section (2). "

26. Omission of section 98, Act XXXIV of 1948.-Section 98 of the principal Act. shall be omitted.

27. Insertion of new section 100 in Act XXXIV of 194!.-After section 99 of the principal Act, the following section shall be inserted, namely:-

"100. Hepeaals and savings.-If, immediately before the day on which this Act coines into force in a Part B State, there is in force in that State any law corresponding to this Act, that law shall, on such day, stand re.pealed:

Provided that the repial shall not affect- (a) the previous operations of any such law, or - (b) any penalty, forfeiture 01: punishmeilt incurred in respect

of any offence committed against any such law, or (c ) any investigatioa or remedy in respect of any such

penalty, forfeiture or pvnishment ; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture. or punishment nlay be imposed, as if this Act had not been passed:

Provide-d furiher that subject -to the preceding_pruviso anything done or any ncti2- *%ken under ally such law shall be deemed to have been done or takerj under the correspbnding provision of this Act and ehall continue i n force accordingly unless and until euperseded by anything done or any action taken under this Act."

28. Amendment of Schedule I, Act XXXIV 01 1948.-In Schedule J to the principal Act, for paragraph 2 the following paragraph shall be eubstituted, namely : -

"1. The average daily wages shall be:-

(a) ill respect of a11 employtze ~ h o s o waoe period is a d .~y, the 9 alllount of wagt.s ea1811ed during the meek divided by the number of days worked in that weolr;

(b) i11 rrspect of all e lnplo~ oe e~nployecl on the basis of any other wage period, the amount of wages earned in that wage period in which the contribtltion falls due divided by the number of days worlied in such wage period;

(c) in ~.espect of an emplogee- employed on any other basis, the amount calculated on the basis of wages earned for the day 011 which the contribution falls due or on such other da,y as may

- be specified in the regulations in this behalf.

?;:. ;. % . . ;. . .; : Ezpla?zation. 1.-Subject to a n y regnla.fions inade ill t;his behalf . :.: . , . .. : 5 . . . the term "days worlied" means the'!~umher of days on which' the .. : ,,. employee. worlied for wages. I: .. . . -

Exl~la?~.ation 11.-\Trhce a1157 night shift continues beyond midnight, the period of the night. shift a,fter .midnight shall. be c:o~inted ; for I-eclioning the days worked as part of the day preceding.

. *

19511 . Employees' S t a t i Insurance ( ~ k d n d r n e n t j 9 ' . :

.

. ,

48.-In ,hhedule U the -princiya.l Act,- . *

(a) in paragraph 2,- . .- *

- (i) after the word and figures "section .48"' the words "plus . ,

the number of any other weeks in that contribution period for which contributions were pa.id in respect 'of the .persozl" shd l be

: . s

(ii) in exawzple 3 , for t,he words " b e n h t yea.1-" the words "benefit period" shall be substituted;

. , . (b) in paragraph 3, for the words "prov.ided that"., the .following words shall be substituted, namely:---

no coiltributicnl wgs paid in respect of e aforesaidperiod of fifty-two weeks the

disabiement and dependants' benefit shall be an alllount equivalent to ?ne-fifty-second part of ,the monthly wages calculated in accordance with section 6 of the ~ o r k m e n ' s Compensation Act, 1923 . ( V I I l of 1923),. *and provided further that" ;

eeoild proviso to sub-6aragaph (ii),- i t i~nate children" the words "legitima$e shall be substituted;,

(ii) for the words "exceeds the full rate" the ivords "exheeds at any time the full rate" shall be substituted; and

he word "reduced" the word "altered" shall be .

I

An Aot to enable oompaniee to make donation8 to national fund^.

(1 7th Octobe~, 195 I ]

IbP E it enacted by Parliament as follows: - 1. Short title azld extant.-31) This Act may be oalled the Compa~lies

(Donations to Nation d Funde) Act, 1951.

(2) 2)t extenda to the whole of Iudia except the State of J~ rn luu md Kashmir.

(a) "company" means a comprtllg a8 dafined In saotion 2 of ,the (Jompenies Act, and includes a company deemed to be incorporated end ragistered under that Act bx virtue of section 'iB thereof;

( b ) "the Companies Act" means the Indian Companies ~ c t . 1913 (vn of isis).

3. .Bower of compasie~ to make- donatima' to certain National Fun&.-- Any company mRy, notwithstanding anything oontained in the Cbmpaniee! Act or in any other law for the time being in force regulating the a f f a i ~ thereof, m d notwithstanding that the memorandum or articles of association of the company do not enable it so to do, by an extraordinary resolution pas s~d in accordance with the provisions contained in section 81 of the Companies Act, authorise tbe making of donations to the Gandhi National . Memorial Fund or the Sardar Vallabhbhai National Memorial Fund, or to

. any other Fund established for a charitable purpose which by reason of its national importance has been approved by the Central Government for the purposes of this section.

. Price anlza 1 or 1&d,

GIPD -51-838 M of L-aw-8-2-52-4,000

THE BENARPS HINDU UNIVERSITY JAMENDMENTi - --.--#7-%-----...." . x - % - ~ . - --"am----" --.-,-a-M,--

ACT, i95 i \

C B I Y I L " P - - ' % - - - *

No: LV OF 1951

An Xct Iurther to amend the Benares Hindu University Act, I

1915 [20th October, 1'351 1

. BE it enacted by rarliament as follows :- a

1. ghort title and commencement.-(l)_This Act may be ~ d l s d the Benarcs Hindu University (Amendment) Act, 1951.

(2) Sections 15 and 16 shall come iptp force at once zlnd t.he remaining provisions of this Act shall come into force on such date'as the Central

-A' . Government may, by- notification in the Official Gazette, appoint, and -

' different dates may be appohted for different provisions. 2. Substitution of certain expressions for certain other expressions in

Act XVI of 1915.--In the Benares Hindu University Act, 191.5 (hereinafter t,o as the principbl Act), r n h e n c ~ e ~ ~ an expression mentioned in column 1 irf the Table hereunder occurs then, unless 'other,wise pxpressly provided in this Act, there shall be substituted therefor the expreseion'set opposite to it in'column 2 of the said Table.

TABLE ,

I 2 , .

~ e n a r e i Council Regulaitions Senate ,

Bmaras Executive Counril .

Ordinanma . Aoademic Council ,

. 3. Substitution of new sections for sections 4, 5 and 6 jn Act XVI of 1915.-For sections 4, 5 and 6 of t h e principal Act, the follomring sections ehall be substitutad, namely :- a "4. UtziveTsity open to all clnsses, castes and creeds.--'l'he Eni-

versity shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall- not be lawful for the University to adopt or impose oil ally person any test whatsoever of religious belief or profession ,in order to entitle him tb be admitted therein, us a teacher or student, or to holcl any office therein,& or to gradnate the:.aat, or to enjoy or exercise any privilegz thereof, except in ros-

I pect of aily particular beliefaction accepted by the University, where sur;li test is made a condition thereof by any testamentary or other instrument creating such benefaction : -

Provided that nothing in this section shall be deemed to preve*b religious instruction. being given in the manner prescribed by the Ordinances to those who have consented to receive it.

- Price aitnas 2 or 3d. ...

3 Bctza~es lfttzdu Utzzversity (Amerzdnzcnt) [ACT LV

4h: I'owt.r.- of t l ~ e U~rivcrsity.-The University shal! have the following powers namsly : --

( 1 ) to provide for instruction in such branches of learniug as the Un~\x:?rsity may think fit, and to inalce provision for research and for the 'advancement and Bisscnlil~ation of knowledge;

(2) t o promote 0rienta;l kudies; and in particular Vedic. I-Iindu, Ruddhiai and Jairl studies, qntl . t o give instructios ln Hindu religion and to impart moral and physical traiuing;

(3) to hold exaini~lations and to grallt and confer degrees and other academic distinctions to and 011 persons ~vho-

(a) shall h a v e pursued a course of studjl in the Urllver sity or in ail institution maintained under ~ub-sect ion ( 1 ) of section 15 or admitte-1 to tile privileges of the 1,'nivcrsit~ under sub-gection (2) of tha t ~ s c t i o n , or -

* ( ( I t ) are teachers '!i~ educational institutions, 1111der c ~ n . ditioris laid. down in the S k t u t e s and Lhe Or~l ina~lces , all? ahall have passed the exaini~lations of the U~l ive r s~ ty uoder like conditions, or . . .

( c ) ,being women, shall have pursued a ;ourse of private . s tudy 'and shall have passed the examinations of the rJ~river sity under conditions laid down in the Ordinxrlces:

(4) t o confer honorary degrees or other distinctions in the manner laid down in the Statutes ;

I

(5) to grant such diplomas ,to, and t o provide such lectures and instruction for, persons not being membeis of the University as thz University inay deternllne : .

k: =A : (6) to co-operate with ~ t h e r Un'vetsities .and ii.ut\mrities ib p. G ' - such mal i i~er and f o r such purposes as the U-niversit-I' may

@A': .sl 'determine ; p; p. &&?

( 7 ) tr, inst i tute professnl-ships, rea-lerships,. . lecturerships ?$d C '&

other teaching posts required by ' t h e University and tjo ' ~ p p o ~ n t : p, . , persons to such profeqsorships: resderships, lecturerships and Z L . L. $.. . ~ t h e r posts ;, . . p .: . i': <,% k?; .. - (8) to insti tute and award fellowships (iiicluding travelling ??<>

&:. %..

fe l lnn~hips) . schnlarsh~ps , st i~dentships. exhibitions arid prizes i~ b.,. 'accordance.~vith the Statutes and 'the, Ordinances; t:

(9) to institute and maintain Halls and hostels and to recog. nise places of residence for students of the University;

f 70) ta demand knrl receix-e such fees and other charges a, may b~ prescribzd by the Ordinances; - - . - ( ! I ) t o supervise and cbntrol the residence 'and to ~.cugulate

' the discipline of students of the University, and to make :mange. rnknts for promoting their health ;

. . :

PC. . , . 1 12') to make s p e c i ~ l 'a&~n'$ments in respect of t h e ~.r,sidence. p'

. s dis::il;lii~e. and . teaching of women students ; ! E . 7;. .., *,,. .& -,*-& . fi-.+L &%. ; ?: q.. $4, 3 ,- \ ,$ . 1 . ; :..-.. ?-:' t~ - P I t\-e.

6: i

r' g : -: . ,;' .. j - ~ . . <~

I . . ,-". $

C ,-.>, 7

. I .i . ; QF y 3 8 1 ,

- Benares Hindzc University ( A m e n d m e n t ) 3

(13) to create administretive, .rni~liskrial and other necessary y s t s and to make ,appointments thereto; and

(14) to do all such other, acts and things, whether iwidental to the powers afaresaid or not, as may be requisite in arder to further the objects of the University. , ,

5. Vz"sitor.-(1) The President of India shall be the Visitor of the University.

8

(2) The Visitor shall have the right t? cause an inspection to be made by such person or persons as he may direct, of the University, its ,

buildings, laboratories and equipment apd of any institution maintained by the University, and also of the examinations, teaching and other lvcrk conducted or done by the University and to cause an inquiry to be made in like manner i r respect of any matter connected with the University.

(3) The Visltor shall in every case give notice to the.University of his intention to Cause an inspectipn or inquiry to be made, and t b ' UAiiversity, shall be 'entitled to appoint a representative who sliall have i h 3 right $q be present 2nd be heard a t such inspection or inquiry.

(4) The ['isitor mag addl.ess the Vice-Chancellor with reference to the result of such illspectioll and inquirg, and the Vice-Chancellor shall comn~unicate to the Executive Council the views 'of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon.

- (5) The Executive Council shall communicate through the Vice-

Chancellor to the Visitor such action, if any, as i t is proposed to take or has been taken upon the result -of such inspection or inquirg. .

(6) Where the Executive Council does not, - within a reasonable tirne, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by tho Executive Council, issue such directions as he may thinli fit and t h e Executive Council shnll he. bo~lnd to comply ~ i t ~ h ' s l ~ c h direc.tions.

(7) Without prejudice to the foregoing provisions of this section the Visitor may, b l orGer in writing, annul any proceeding of the University which is not i r ~ ccrlfornlity with this Act, the Statutes or . the Ordinances :

Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made and if any cause is shown within a reasonable time, shall consider the same.

6 . ('hief Rector and ~ec to r s . - (1 ) The Governor of the State of Uttar Pradesh shall be the Chief Rector of the University.,

(2) Such persons, as may be appointed in this behalf in accordance with the Statutes, shall be the Rectors of the University."

4. Substitution of sectioni 7.in Act XVI oi 1915.-For sectioi> 7 of tho ;rr!ncipal Act, the following sect1011 shall be s,ubstituted, i~amely :- . *

"7. Officers and authorities of the U?ziuersity.-The followkg shall j. 1 be the officers ,an3 auJhorities of the University :-

OFFICERS O F THE UNIVERSITY

(i) The Chancellor,

(ii) The Pro-Chancellor :

Provided that untik one of-the two Pro-Chancellors holding ofice a t the cornmencement of the Benares Hindu University (Amendment) Ac%, 1951, ceases to hold bffice, there shall be two Pro-Chancellors,

(iii) The vice-Chancellor: I

(iv) The Pro-Vice-Chancellor,

(v) The Treasurer,

'C (ai)' Tho Registrar, 4 :? I h -

(vii) The Deans of the Faculties, and . . (viii) Such other persons in the service of t6e' Uniyersity as

may be declared by tho S ta tu tes to be the oficers. of t h e University.

AUTHORITIES OF THE UNIVERSITY

[. (i) The Court, . (ii) The Executive Council,

' (iii) The Academic Council, $-

(w) The Standing Committee of the Academic Council, . ' - (v) The Finance Committee,

1 i (vi) The Faculties, and

(vii) Such other authorities as may be declared by the

i' Stat~i tes to be authorities of the University."

t i. 5. Amend~nen~ of section 9, Act XVI of 1915.-ln section 9 of the

principal Act,- 6

p: (a) in sub-section ( I ) , -

. . (i) the words "in administrative matters," shall be omitted;

. (ii) for the words a.nd brackets "the Senate (save when the Senate has acted in accordance with powers conferred on it under this .Act, the Statutes or the Regulations)" the words and brackets "the Executive Council, the Academic Council and theSta.uding

- Corninittee of the Academic Council (save when these, authorities . have acted in accordance with powfirs conferred on them under

this Act, the Statutes or the Ordinances)" sha,ll be substituted: .-

(b) sub-section (2) shall be omitted. a

-. .. L*: Tf. 3 <

6. Amendment of section 10, Act XVI of 1915.-For sub-section (1) of, section 10 of the principal Act, the following sub-section shall be substituted, namely:-

" ( 1 ) The Executive Council shall be 'the executive body' of the - University. ' '

7. Amendment of section 11, Act XVI of 1915.-In section 11 of the principal Act ,-- I I

(a) in sub-sectidn ( I ) the word "entire" shall be -omitted; 1 I

(b) sub-section (2) shall be omitted. I

! 8. Amendment of section 12, Act XVI of 1915.-For section 12 of the

, principal Act, the following srsction shall be substituted, namelyv:- 1

"12. Tlze Standing committek of t7ze Academic Gounci1.-There shall be as Standing Committee of the Academic Council which shall exercise such powers and perform such duties as may be vested in it by the Statutes." 9. Amendment of section 13, Act XVI 1915.,Eor sub-sedtion ( I ) of

section 13 of the principal Act, the following sub-section shall be substituted, namely :-

C

" ( I ) Thr accounts of the Universitg shall, once at lea'st in eveq. year and' at intervds of, not more than fifteen months, be audited by the Comptroller and Auditor-General of India."

, 10 Amendment of sectian 14, Act XVI'of 1915.-In sectiop 14 ol: the principal Act, for the words "the States" the word "India" shall be substituted.

11. Amenqment of section 15, Act XVI of .1915.--11; sectioii 15 of the principal Act,-

(a) in sub-section ( I ) , for the words "institutions in Benares" the words "institutions ,including High Schools, within a radius of fifteen mires from the main temple of the Universitg" shall be substituted; ,

(b) in sub-section (2) , for the words "institutions in Benares" the words "institutions including High Schools, within the aforementioned limits" shall be substituted.

12. Amendment of sse'tion 16A, ~ c t XVI of 1915.-In section 16A of '

the principal Act, after the word "fund" the words "or provide such insurance scheme" shall be inserted. . ,

'13. Amendment of section 17, Act XVI of 1915.-In section 17 of the principal Act,-

(i) for sub-section ( I ) , the following sub-section shall be substituted, namely : -

, "(1) Subject to the pl+ovisions of this Act, the Statutes may provide for all or a;ny oC the following matters, namely:-

(a) the constitution, powers ahd duties of the Court, the Executive Council3 the Acadginic Council, the Standing Committee of the Academic Council, the Finance Committee

and such other bodies, as may be deemed' necessary to constitute 'from tjme to time;

r -

( 384 -.

. +

pi + 6 Benares H i n d u U:I rversiiy (Amend?lzen t ) , . ,

LAGT LV C- . I ( b ) the election and continuance in office of the members

I of the said bodies, includiiig the continuance ia office of the first members, and the filliriy of vacancies of members, and k I

' all other mat te r s relative to those bodies for which it may be rlecessarg or desirable to provide;

5. - t ( c ) the &pointment, ]Id\vel*s and duties of the officers

of the University; L' I; ( d ) the constitution of a pension or provident fund and $, the establishment of ah insurance scheme for the benefit of i: the officers, tea'chers and dther employees of the University; 2 t &.. W.

( e ) the conferment of honorary degrees; ti g- the withdrawal of degrees, diplomas, certificates and ,

t other academic distinqtions;

g* p

(g) the establishment ahd abdlition of Fa?ultles, Dppart- i I ments, ~H'alls, Colleges and institutions; - i . ' @ (11) the conditions under which colleges ~ ~ n d other ~ns t i - i-5 b tutions may be admitted to the privileges of the Universit~ g ,A' p and th5 withdrawal of such. privileges; t; g - (i) t.he institution of fello~arships, scholarships, student: e- ships, exhibitions, medals and prizes; and g -

(j) all other matters which by this Act are to be or mag S . be provided by the Statutes."; ! k f (ti) for sub-sections (3), (4) and (5), the following sub-sections

shall be subs t i t~~ ted , namely:- ,

r- "(3) The Court may, from time to time, make new or p %.-

additional Statutes or may 'amend or repeal the Statutes in the manner hereinafter in this section provided.

5 g (4) The Executive Council may propose to the Court the F draft of any Statute to be passed by the Court, and such ir - draft shall he conside~ed hv the Court a t its next meeting. 6 .

(5) The Court rimy approve any such draft as is referred !

k to in sub-section (4.) and pass the Statute or reject it or re- B 5 turn i t to the Executive Council for reoonsideration, either in P whole or in part, togefher with any amendments which the k ' Court mag suggest:

Provided tha t the Executive Counoil shall not propose I

the draft of any Statute or of any amendment of a Statute affecting the status, powers or constitution of any existing 1 . authority of the University until such authority has been

5 5 given an opportunity of expFessing an opinion upon the pro-

posal, and any opinion so expressed shall be in wliting and shall be considered by the Court.

(6) Any inember of the Court may propose to the, Coult the draft of any Statute and the Court may either reject the

i' proposal or refer such draft ,for co~lsideration to the Executive p Council, which may either reject the proposal or submit the I

draft to the Court in such form as the Executive Council may $ L . . t 1

I

I

L.

OF 19511 B e ~ z w e s Hindz~ Ujziversity (Anze~~d?~ze~z t ) '7

approve, and t h e provisions of .this scc t io~l shal l apply i n . t he case of any draft so snbillitted a s they apply in t h e case of d draft proposed tn the Court by the Esecutive. Council.

I

(7) Every new Sta tu te dr-addition to t he S t a tu t e s or ,any arnelidtnent or repeal of a S t a tu t e shell require th_e previous

approval ot the Visitor ~ v h o may sanction, disallow or remit it for further consideration. "

1

1 9 Substitution of new sections for sections 18 and 19 in Act XVI of 1915.-For sect iol~s 18 and 19 of t he principal Act, t he following sectidns shal l be s ~ ~ b s t ~ t u t e d , u a n ~ e l y - -

+I18 Ordinnn(.es.-(1) s u b j e c t to t he provisions of this Act and '

t h e S ta tu tes , t l ~ e Ordil ldl~ces may -provide for all or itng of t h e following , mat ters , u iwe lp : -

( ( 1 ) 'the , ~ d ~ n l s s i o n nf s t l rdel~ts to t he University and their enrolrne11t.d as such :

(b! the oo!lrses of s tudy to be laid down for all degrees, diplomas and certificates of the Uni\lersitj ; .

+ . ( c ) the creprees, diplomas, certificates and other academic dis-

rinctiolrs' to be awarded hy the University, t he qualifications for the same, and t he means to be talren relating to the grautingsand ohtaini~lg the s ame ;

( ( 1 ) the fees to be charged for courses of s tudy in the Univer- sity and for admission to the exami l la t~ons , degrees and diplomas of the Ul~ivers i tg ;

(e) t he conclitions of the" award of fello~~7ships, scholarships, ~ t u d e n t s h i p s , rxhi l ) j t io~~s . 'medals and pripes;

( f ) tllr c o ~ ~ d ~ ~ c t ot t~xami l la t io l~s , including the t e r n ~ s of oiTic:e ; I I I ~ I ~ I ~ I I I I ~ ~ I * ot i<l~pointment and tile duties of examining bodies, r \ a r ~ ~ i l ~ e r . s and moderators ;

(g) t he rnaintenar~ce of discipline among the students of the University;

(h) th6 conditions of residence of s t ~ i d e n t s a t the Universi tg; '

( i ) the special arrangements, if ally, which m a g b e m a d e for the ~esiclence. discipline arrd teaching of wompn stud6nts . 2nd the p r c s~ r ib ing for t h e m of special courses crf s t u d y :

( i ) t h e giving of religious instruction : '

( I ; ) the emoluments and the t e r ~ n s and conditions of service of *teachers of the Uuiversity ;

( I ) t he m a n a ~ e m e n t ot Colleges and other institutions founded . .. or maintained n n d r r sr~b-section (1) of section 15:

. (w,) the supervision and inspection of Colleges and :o%her ins- tltlltiol>s admi t ted t o p r iv i l e~es of the Universitg under ,sub-see-

' tion (?) of section 15: 2nd . 02) all o ther ma t t e r s which by this Act or t he Statr l tes a r c to

hr or nlav he provided for b? t he Ordinances. (2) 'The Ilegulatious of the University a s in force 11nms.liate1g

befo) t h c coii lmencemc~it of the Renares H indu University (Amend- mthnt) Act, 1951, shall be deemed to be the first Ordinances made .

, ~lni (e r this section. \

(.?I T h e snid Or(1ilinances mav be amended, repealed or edded f;: \ - '

at. amp tin]? bo t he Executive Council:

386- .

ti Benares Hindu Unzversity (Amendme~zt) \ACT LV . Provided that-- '

(i) no Ordinance shall be made affecting the conditions of residence or discipline of students, except after consultation with

' the Academic Council; . , . (ii) no Ordinance shall be made- a

(a) affecting the admission or enrolment of students or - prescribing examinations to be recognised as equivaleni to the University examinations, or

(b ) affecting the conditions, made of appoii~tinent or duties of examiners or the conduct or standard of examinations or any course of study, .

unlesfi a draft of such Ordinance has been proposed by the Academic Council.

(4) The Executive Council shall not have power to amend an3 draft proposed.by the' Academic Council under the provisions of sub- section (3) but may reject the proposal or return the draft to the Academic Council for reconsideration; either in whole or in part, together with any amendments which the Execut;ve Covnoi' may vuggwt.

(5) Where the Executive Council has rejected the draft of an Ordinance proposed by the Academic Council, the Academic Council may appeal to the Central Gove~nment and the Central Government mny, by order, direct that the proposed Ordinance shall be laid befora t,he next meeting nf the Court for its 'approval and that pending such npproval i t shall have effect from such date as may be specified in the order.

Provided that if the Ordinance is not approved by the Court at such meeting, i t shall cease to have effect.

(6) All. Ordnlances msde by tlie Exacutive Counc;i shall be submitted, as soon as may'be, to the Visitor and the Court, and shall be considered by the Court a t its -next meeting and the Court s!lall have power, by a resolution passed by a majority of not less than two-thirds of the members voting, to cancel any Ordinance made by the l?xecut,iva Council. nnd such Ordinance shall from the date of such resolution

- cease to have effect.

(7) The Visitor may, by order. direct that the opesption of nny Ordinance shall be suspended until he has had an opportunity of exercising his power of disallowance, and any order of suspension under this sub-section shall cease to have effect on the expiration of one month from tbe date of such order or on the expiration of fifteen day8 from t h e date pf consideration of the Ordinance by the Court, whichever period explres later.

(8) The Visitor mag, a t any time after an Ordinanca has been considered by the Cou~.t, sign if^ to the Exawtive Council his dis- allo\vance. of ~11cl1 Ordinance, and from the date of receipt by the Executivz ~'ouncil of intimation of such disallowance, such Ordinance fiht~ll cease to have effect.

1 I

OF 19511 Benmes H ~ n d u Universzty (A?nendme~zt)

19. Po.zuer to make ~e~ulattdns.-(1) he authorities of the 1 University may make Regulations consistent with this Act, the ! Statlxtes and the Ordinances- ?

(a) laying down the procedure to be observed a t their meetings i aud the numbor of members required to form a qcorum; I

(b) providing for all mntbers which by this Act, the Statutes -or the Ordinances are to be prescribed by Regulations; and ,"

(r,) proViding for all matters solely concerning such authorities or cornrnittees appointed by them and not provided for by this Act, the Statutes or the Ordinances. (2) Every authority of the University shall make Rebrations

providing for the giving of notice Q .the members of such authority of the dates of meetings and wf the business to be considered a t meetings and for the keeping of a record of the proceedings of meetings.

(3) The Executive Council may direot the amendment, in such mannsr as 15 ma'y spacify, of any Regulation made under this section or the annulment of any such Regulation:

Provided that any authority of the University which is dissatisfied with any such direction may appeal to the Court, whose decision in the matter shall be final.

19A. Conditions of service of officers amd teachers.-(1) Every . salaried oflicer and tea9her of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furcished to tha officer or tezcher concerned. -

(2 ) Any dispute arising out of a contract between the University and ally of its officers or teachers shall, a t the request of the otticer or teachsr conceroed or at tha instance of the University, bs referred to a Tribunal of Arbitration consisting of one member appointed k,y the Executive Council, one member nominated by the officer or teacher concernad aj2d &n umpire appointed by the Visitor, and the decision of the Tribunal shall be final."

15. ~ e m ~ o r a r $ provision for amendnlent of St&tutes.-The Central Government may, by notification in t%e Official Gazette, make such adnptationa and modifications .in the Statutes in force immedititcly bafore t h e cohmencement of this Act as in ita opinion may be neeessury or expedient to bring the provisions wf the Statutes into' accord with the provisions of the principal Act as amended by this Act;

.

Provided thxt nothing in this section shall be deemed to empower the Central Gbrernment to mpke any zdaptation or modification of any such Statutes after the expiration of ,thre.e months from the commencement of * this Act.

16. Transitional provisions.-Any officer or authority of the University exercising any fu~?ctions under the principal Act, immediately before the comnlei~cement of this Act, shall continue to exercise such functions until the corresl~o~ding new officer or authority is appointed, elected or constituted in accordance with the provisions of the principal Act as &mended by this Act or the Statutes as adapted or modified under this Act.

' ,

THE PRESS (OBJECTIONABLE MATTER) ACT 1951. N *-".- --..-.',v

--.--a ~-.-" .----..- L-". .- No. LVI OF 1951

SE~TION s 1. Short title, esteilt and coininencement 2. Definitions 3. Objectionable matter defined

I CHAPTER 11

Powel* to demand securitg froin presses in certain ca,ses Power to forfeit security or deinaild further security

Consequences of failure to deposit security as required under section 4 or section 5

Po~ver to demand security froin newspapers ai~cl news-sheets in certain cases

Power to forfeit security or demand further security Consequences of failure t o deposit securit,y as required under

section 7 or section 8

Amount of security Power of Govfirninent to declare certain publica.tions forfeited I-'o.ir~er to detain pa.ckages co11tainii1.g certain publicakious

when iillportecl Prohibition of tmnsmission by post of cer ta i i~ docun~ents Power to seize and destroy unauthorised news-sheets and

newspapers Power to seize and forfeit undeclarecl presses producing un-

autllorised newspapers a.nd unauthorised .news-sheets

( ii) P l e s s (Object ionable M a t t e r ) [ A C T LVI OE 1951)

CHAPTEX I11

PROCEDURE

Ilzqui?.y b a f o ~ e Sess ions Jtltlges

Colltellts of complaint Issue of notice Procedure {or laquiries Non-appearance of irspo~~clellt J u r y

Conclusion of ii1qull.y lnacle \\,it11 the aid of a jury Admissibility of previo~~s aizcl s~ibsequeilt issues

Appea l and App l l cn t ion t o Hzgh C o z ~ t

Appeal to I%gh Court agalnst orders of Sessions Judges Applicnt~on to High Court agaiilst orcle~s of forfeiture Procedure in High Court

CHAPTEB IV

!?enn!ty for lrceping press or publisl~ilzg llenispaper without making deposit

Penalty for clisserninating unautllorised newspapers and un- anthorised news-sheets

CHAPTER V A~LSCELLA~\ 'EOUS

28. Se~:vice of ilotices 29. Issue of search warrants in certain cases $0. Coilduct of searches 31. Power to trallsfer cases 32. R,eturii of security ill certain cases

33. Bar of jurisdictioll 34. BAY of double penalty 35. (lognizabilit,y of offences under this Act

86. Amendmeat of sections 4 and 8, Act XXV of 1867 37. Repeais

THE FIRST S C H E D U L E THE SEcOXI> S U H E D U L E

An Act to provide avainst the p r i n l i n ~ arld publication ~f incitement to cri,Le < L ~ C I u t l ~ e r r ~ b j e r ~ t i o t l ~ b ~ e tn;2tter.

123rd O c t o b e ~ , 1951 j

BE it enacted by Parliament as follows : -

CHAPTER 1

1. Short title, extent and cammencement.-(1) This Act inay be I

called the Press (Objectionable Matter) Act, 1951.

(2) I t extends to the whole of India except the State of Jammu and Kashmir. I + (3) I t shall corne into force on such date as the Central Goverilinent mag, by notification

I force for a period of

1 2. Definitions.-11; this Act, unless the contest othertvise requires,-

(a ) "book" includes every rzlume, part or division of a volume, pamphlet and leaflet, in any _language, and every sheet of music, map, chart or plan separately printed, lithographed or otherwise mechaniually produced ;

(b) "Code" means the Cocle of Criillinal Proceclure, 1898 (Act V of 1898);

(c) "competent authority" means any officer empowered in this behalf by a general or special order of the State Government;

(d) "document" includes also any painting, drawing , or photo- graph or other visible representation;

(el "newspaper" means any periodical worlr colltaining public news or comments on public news;

(f) "news-sheet" means any document other than a newspaper containing public news or comments on public news;

(g) "press" means a printing press, and includes all plant, machinery, duplicators, types, implements a d other materials used far the purpose of, or in connection with, rrinting or multiplying documents;

(h) "Press Registration Act" means thc Press and Registration of Books Act, 1867 (XXV of 1867);

Press (Oblectao~~uble AluLLer.) [ACT LVI

(i) "Sessions Judge", in relation to the presidency town of caluutt:i or of Madras, rneaus the Chicf Prosidcnoy 'Magictrnte;

(j) " unauthorised newspaper" means-

(i) any newspaper in respect of whioh security has been required under hhis Act but has not been fu rn i sh~d as required, or

(ii) any newspaper which is published without conforming to the rules laid down in section 5 of the Press Registration Act;

( k ) "unauthorised nc~vs-sheet" meaqs any news-sheet in respect of which security has been required under this Act but has not been

7--- furnished as require Y ---I-

(lj "undeclared press" m e a l s any press other than a press in i. respect of which there is for the time being a valid declaration under

section 4 of the Press Registration Act. - 3. Objectionable matter defined.-In this Act, the expression

"objectionable matter" nleans any words, signs or visible representations which are likely to-

(i) incite or encourage ally person t50 resort to violence or sa.botage for the purpose of overt.hrowing or undermining the Government established by ~::ITV in India or in any State thereof or its' authority in any grea ; or

( i i ) incitc or encourage any person to commit ml~rder, 'sabotage or any offei~ce involving violence; or

(iii) incite or ellcourage a:ny person to interfere with the supply and distributior. of food or ~ t h e r essential commodities or with easentia,l services ; o r

(iv) seduce an! inernber of any of the armed forces of the Union or of the police foi:ces 1"1-uin his dlegiance or his du ty , or prejudice t h e recruiting of persons to serve in any such force or prejudice the clisciplinc ot: :lny such fo rm; or

(v) promota feslings of el nlity or hatred between different sections of the people of India;

ar which-

(vi) a,re grossly indecent, or are scurrilous or obscene ov intended for blackmail.

Expiu~zatioit I..-Com~xents expressing disapprobation or criticism of any law cr of any pclicy or administrative pction of the Government wit11 a view to nbh in its alteration or redress by lawful mehns, and words pointinr out, v;ith a view to their removti:l, matters which are producing, or have a tendency to produce, feelings of enmity or ha.tred between different sechior~s of the people of India, shall not b e deemed to be objttctionab!a lna,ttar withill the meaning of this gection.

Ezl~Lanatzo~z 11.-In judging \\rhether any matter is objectionable n ~ a t t c r under this Act, the effect of the words, signs or visible representations, and not the intention of the keeper of the press or the publisher of the newspaper or news-sheet, as the case may be, shall be taken into account.

Explc~~zntco~z Ill.-"Sabotage" incalls the doiug of damage to plant or stoclis, or to bridges, roads and the like with intent. to destroy or ~rijuriously to afiect, the utility of any plant, or service or lllealls of communication.

CHAPTER I1

PI~INTING AND PUBLICATION OF OBJECTIOHABLE MATTER

4. Power to demand security from presses in certain cases.-When. ever upor1 complaint made to him in writing by the competent authority and inquiry made in the manner hereinafter provided, a Sessions Judge ra satisfied--

(a) that any press kept within the local limits of his jurisdiction is used for the purpose of printing or publishing any newspaper, nws-sheot, boolr or other document containing objectionable matter, and

(b) that there are sufficient grounds for demanding security from the keeper of $:he press under t,his section,

the Sessions Judge shall, by order in writing, direct the keeper of the press to deposit as security within tweuty-one days from the date of the order, such amount as the Sessions Judge may think fit to require in money or the equivaleilt thereof in Government securities as the person making the deposit may choose :

Provided that i f , having regard to all tlie circumstances, the Sessions Judge is satisfied that the requirements of t he case will be met by a warning, he may, instead of demanding security, record suoh warning.

5. Power to forfeit security or demand further security.-Whenever upon complaii~t made to him in writing by the competent authority and inquiry made in the manner hereinafter provided, the Sessions Judge is satisfied-

(c) that any pres:; in respect of which any security has been ordered to be deposited under section 4 or under this sectiov is thereafter used for the purpose of printing or publishing ally newspaper. news-sheet, book or other document containing objectionable matter, and

( b ) that there are sufficient grounds for making an order lllider this section,

the Sessions Judge shall, by order in writing,- (i) declare such security as has been deposited OY any portion

thereof to be forfeited to the Government. or (ii) direct the keeper of the press to deposit, within twenty-one

days from the date of the order, such further security as the Sessiolls Judge may deem fit to require,

and may also, in either case, declare all copies of the newspaper, news- sheet, book or other document containing such objectionable matSz,r. wherever fourid in Ind;a, to be forfeited to the Government.

6. Consequences of failure to deposit s3curity as required under section 4 or section 5.-(1) Where the keeper of a press is required under

P~es.7 (Objectionable h l a t t e ~ . ) [ACT LVI

or section 5 td deposit ally tLllitrunt as security and the deposit de wlthin the time allowed,-

,.U) the declaration made by the keeper of the press under the Press Registration Act shall be deemed to be annulled;

( b ) notwithstanding allything contained in the Press flegistra- tion Act, neither the said keeper of the press nor any other person shall makc, or bc a,llomed bo make, a fresh declaration before a ~Vlagis- trate under that Act in respect of the press unbass he deposits with the Magistrate as security the same amount as was required of the keeper of thz pwss undar section 4 or section 5, as the chse nlrty be, in nloney or the equivalent thereof in Government securities as the person making the deposit may choose; and

(c) the press shall not be used for the printing or publishing of any newspaper, news-sheet, book or other document until 6he deposit has been made.

' 2 ) Where any press is used in contravention of clause (c) of sub-suction (i), any Magistrate may, or? a complaint in wrlting made to him in this behalf by the competent authority, direct the keeper of the press to show cause why it should not be forfeited to Government, and, after hear~ng him and on being satisfied that there are grounds for passlng the order, declare the press or any part hhereof to be forfelted to the

: Qoveri~ineilt : Provided that the press or part thereof so forfeited shall not be dis-

posed of within a period of three months from the date of the order of forieiture, and if the keeper of the press deposit3 the required a.inount viithiu the sfmesaid period, the press 'or part bhareof, as the case rnciy

be, shall be returned to the keeper of the press. I 7. Power to demand security from newspapers and news-sheets in

certain cases.--Whenever upon complaint made to him in writing by the ~ c ~ m p e t e i ~ t authority and inquiry made in the manner hereinafter provided, a Sessions Judge is satistied--

(a) that a newspaper or news-sheet published within {;he local limits of his jurisdiction contains any ob]ectionable matter, and

( b ) that there are sufficient grounds for demanding security from the publisher of the newspaper or news-sheet under'this section,

the Sessions Judge shall, by order in writing, direct the publisher of the newspaper or news-sheet to deposit as security within twenty-one days from the date of the order, such amount as the Sessions Judge may think fit to require in money or the equivalent thereof in Government securities as the person making the deposit may choose.

8. Power to forfeit security or demand further security.-Whenever upon complaint made to him in writing by the competent authority and inquiry made in the manner hereinafter provided, the Sessions Judge is satisfied-

(a ) that any newspaper or news-sheet in respect of which any security has been ordered to be deposited. under section 7 or under

. this section thereafter publishes any objectionable matter, and '

( b ) that t8here asp. sufficient, grounds for making an order under this section,

the Sessions Judge shall, by order in writing,-

(27 declare such security as has been deposited or any portion thereof t o be forfeited to the Government, or

I

01.' 19511 P ~ e s s ( O b j e c t i o ~ z a b l a M a t t e r ) 5, I

(ii) direct the publisher of the newspaper or news-sheet fro deposit w~th in twenty-one days from the date of the order such further

I

security as the Sessions Judge may deem fit to require, C ,

and may also, in either case, declare all copies of the newspaper or news- sheet containing such objectionable matter, wherever found in India, t c be forfeited to the Government.

9. Consequences of failure to deposit security a s required under section 7 or section 8.-(1) Where the publisher of a newspaper is required under section 7 or section 8 to deposit any amount as secwibp and t h e deposli is not rrlade within i.he time allowed,

( a ) the declaration made by the publisher of the newspaper under section 5 of the Press Registration Act shall be deemed to be annulled ; and

( b ) notwithstanding anything contained in t h e Press Registra- tion Act, no persoil shal! make, or be allowed to make, a fresh declaration before a A'Iagistrate under section 5 of that Act as publ~sher of that newspaper or any other newspaper which is the same in substance as that newspaper, unless h e deposits with the iV1:lagistrste as security the same amount as was required of the publisher of the newspaper under section 7 or section 8, as the case may be, in money or the equivalent thereof in Government securities as the person making the deposit may choose.

(2) Where a deposit is required from the publisher of s, newspaper or l~ews-sheet under section 7 or section 8, no press shall, after the expiry of t h e t ime allowed to inalte the deposit, be used for the printing or pgblish- ing of such newspaper or news-sheet, without the permission of the Gov- ernment, until the deposit has been made.

(3) The keeper of a11~- press who ki~omingly contravenes the provis~ons of sub-section (2) shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both, and where such lieeper is convicted for a second or subsequent contravention under this sub- sectioii in rc.spect of the same newspaper 01- news-slieet, the Court may also direct that the press c~ any part thereof shnll be forfeited to Go\-cr!irnent :

P~-o\sic!ocl t l l ~ t the 1.~1.css or part t,hereof so fo~feited shall not be disposed of within a period of thi.ee months from the dnte of the order of forfeiture, mrl if the keeper of the prcss deposits the required amount within the aforesaid period, t h e press or part thereof, as the case may he, shal! be returned to the keeper ol the press.

10. Amount of security.-The amount of security, required to be deposited by the keeper of a press or the publisher of any ri,nv;:l)apar r.r news-sheet under se-tion 4 or section 5 or section 7 or section S, shall be 6xed with due regard to the circurnstanres of the case and shall ilot be erccssive, and shall, in no case, be larger than the amount sp13cifietl in the cqnplaint under section 16.

11. Power of Government to declare certain publications forfeited.-- The Stnte Gavel-nment may , on the certificate of the Advocate-General or the principal law officer, a s the case may be, of the Etate or of the

lJress (0bjectzon.able Matter) L A C T LVI

Attorney-General of India that any issue of n newspaper or ne~vs-shect or any book or other clocument, wherever made, contains any ob~ectionable matter, by notificatioil in the Official Gazette, stating the grounds for thc order, declare that every copy of such issue of the newspaper or news- sheet or of such book or document shall be forfeited to the Government.

12. Power to detain packages contakdng certain publicatians whea imported.-(1) The chief customs officer or other officer autho15sed by the State Government in this behalf may detain any package brought whether by land, sea or air into the t,erritories to which this Act extends in which he suspects there are newspapers, news-sheets, books or ,other documents containing objectior~nble iuatter, and shall fo~tl>r\4tl l forn-arc1 of any ne\\.zspallers, bool;~ or other docilineirts foui~d thcreii? to s::iie%icer cis the' State Government may appoint in this behalf to be disposed of in such manner as the State Government may direct.

(2 ) Any person aggrievecl by any action taken undcr sub-section (1) may apply to the State C~overnment for review and the Sta te Ciovern- ment may pass such orders thereon as 'it bhinks fit.

13. Prohibition of transmission by post of certain documents.-(1) No newspaper, news-sheet, book or other document which has been declared to be forfeiteci vndei any of the provisions of this Act, and 110 un- authorisecl nexvspaper or unauthorised news-sheet shall be t,rnlislllitted by poat.

(2) Any officer in charge of a post office or authorised in this behalf by the Postmaster-General may detain in course of transmission by post any article. other than a letter, which he suspects to contain any rruch doc~liilent RS is illentioiled in sub-section (I), and shall deliver all such articles to sush officer as the Sta te Government may appoint ill this behalf.

(3) If the officer t o whom any artisle is deliveccd under sub-section (2) is satisfied that the article contains any such document as is mentioned in sub-section ( I ) , he may pass such orders as to the disposal of the article snd its contents as he deems proper, and if h e is not so satisfied, he shall return the ~ r t i c l e t,o the post &ice for transmisslon to the addressee.

14. Power to seize and destroy unauthorised news-sheets and newspapers..--(1) Any police officer or any other person e.mpowered in tbis behalf by the Sta te Governmeilii inay seize any unauthorised newspaper or uneuthorised news-sheet.

( 2 ) Ally Presidency Magistrate, District I l l~~gistrate, Sub-divisional Magistprate or Magistrate of the first class may, by warrant authorise any police officer, not below tl:e raillr of sub-inspector, to enter upon and search any place where any stock of unauthorised newspapers or news. sheets may be, or may be reasonably suspected to be, and such police officer ma7 seize any docun~ent found in such place which ill his opinion are unauthorised newspapers or unauthorised news-sheets.

(3) All documents seized under sub-section (1) shall be produced as soon as mag be before a Presidency Magistrate, a District Magistrate, a Sub-divisional Magistrate or a Magistrate of the first class and all dccu- .,lents seized under sub-section (2) shall be produced as soon as map be before t h s Court of the Magistrate who issued the warrant.

JF 195l] Press (Objectionable Mattoy)

( b ) If, ill tile opinion of such Magistrate or Court, ally of such documents are unauthorised newsphpers or unauthorised news-sheets, the Mag1st~:~te or Court rnay cause them to be destroyed, but i f , in the opinion of such Maglstrt~le or Court any of such docnments are not unauthoris~d newspapels ~r unau~hor~sed news-sheets, such Magistrate cr Court shall dispose of them in the manner provided in sectioris 623, 524 and 526 of the Code. I

15. Power to seize and forfeit undeclared presses producing unauthorised newspapers a n d unauthorised news-sheets.-(1) Where a 1lresiclenc.y Ma,gist,rate, District Magistrate or Sub-divisioaal Magistrate, has reason to believe that an unau'thorised newspaper or unauthorised usws-sheet is being produced from an undeclared press within the local limits of his jurisdiction, he may, by warrant, a.uthorise any police o&cer not below the rank of sub-inspector to enter upon and search any place where such undeclared press may be, or may be reasonably suspected to be and if in the opinion of such police officer any press found in such place is an undeclared press and is used to pro,duce an unauthorised newspaper or unauthorised news-sheet, he may seize such press and any documents found in the place which in his opinion are unauthorised newspapers or unauthorised news-sheets.

(2) The police oRcer shall forthwith make a report of 'the search to the Ccurt ~vllich issued the warrant knd shall pro-luce before such Court as soon as rnsy be all propcrty seized:

Provided that where an) press which, has been seized cannot be readily r e r r ~ o v ~ d , the police officer may produce before the Court only such parts thereof as he rnay thick fit.

( 3 ) If such Court after such inquiry as it may deem requisite is of opinion that a press seized under this section is an undeclared press which is used to produce an unauthorised newspaper or news-sheet, it may, by wder in writing, declare the press or any part thereof to be forfeited tc, tha Government, but if after such inquiry the Court is not of such opinion, .t shall dispose of the press in the manner provided in sections 523. 624 and 525 of the Code.

(4.) 'I ' i~e Court s h d l deal with the docurnents produced before it under this section in the nlanner provided in sub-section ( 4 ) of section 14.

CHAPTER I11

I n q u i q before Sessior~s Judges

16. Contents of complaint.-Every complaint to the Seesions Judge under this Act against any person (hereinafter referred to as the respondent) shall state or describe the objectionable matter in respect of which the complaint is made, and where it is desired that security should be demanded from the respondent, shall specify the amount of security which, in the opinion of the State Government, should be so demanded.

17. Issue of notice.-On receipt of a cornplaint from the conipetent authority, the Sessions Judge shall issue notice thereof to the respoildent calling upon him to appear and show cause on a date to be specified in the notice whv such action as may be appropriate in the oircumstancee of the case should not be taken against him under this Act.

18. Procedure for inquiries.-(1) When the respondent appears before the Sessions Judge in compliance with a notice under section 17, t?llc Sessiolls Judge shall sett'le the points for determination and proceed to inquire into the complaint, and after taking such evidence as may be produced and after hearing the parties, pass such orders under this Act a;; he may think fit. ,

(2) Any inquiry under this Act shall be made, as nearly as may tte practicable, in the manner prescribed for conducting trials ill suinmons cases by Magistrates under the Codc except that evidence shall be recorded in full. .

19. Non-appearance of respondent.-If upon the day appointed lor the appearance of the respondent or any day subsequent thereto to which the inquiry may be adjourned, the respondent does not appear, the Sessiuns Judge shall proceed to hear t'he coinplaint and take 1~11 such evideace, if any, as may be produced in support of the complaint and pass such orders under this Act as he may think fit:

Provided that if, on a* application made by tlie respondent within fiiteeli days of tShe date of the ex p w t e order, the Sessions Judge is satisfied that there are suffi~ient grounds, he may set aside the c~rder 2nd ma,ke A fresh inquiry into the complaint.

20. Jary.-(1) If in a.ny inquiry before a Sessions Judge under this Act, t,he respoildent claims to have the matter determined with the aid sf a jury, the provisions hereinafter contained shall apply.

(2) Zvery such jury shall consist of five persons and shall be chosen from t,he persons summoned to act as such from the list of persons prepared under sub-section (3).

2) The list shall e--nsma:+he --dace of - residenee-fde w ~ ~ k + n - - o f +m~~y--suoh-p

(6) I n so far as the provisions of parts C, E, F and I< of Chapter X X I l I of the Code can be made applicable cousistently with the provisions

shall apply to 4- e = - - m i ~ ~ M

~ p ~ ~ ~ ~ + r - s p ~ ~ ~ i ~ n ~ 6 & o n - ~ f ~ t s - ~ w ~ ~ r 4 h - i ~ - s e ~ ~ i ~ ~

21. Conclusion of inquiry made with the aid of a jury.-(1) Where in an inquiry made with the aid of a jury the Sessiolls Judge does not think it iiecessary t o express disagreement with the opinion of the jurors or a majority of the jurors, he shall pass orders nccord;ngly.

4 (2) If in any such inquiry the Ressims Judge disagrees with the clpinion

of the jurors and is of opinion tha t it is necessary for the ends of justice to submit t h e case t o t h e High Court, he shall submit the case slccording- Ly regordbg the grounds for his opinion.

(3) I n dealing with the case so submitted, the High Court map exercise any of the powers conferred on a Sessions Judge buy this Act.

---_I_

4 ~ ~ + ~ ~ ~ ~ r ~ f & I3 4jf/9$3(+ v.1. cq].

OF 19511 l'ress (Objectionable 1Mafter) 9

22. Admissibility of previous and subsequent issues.-In any inquiry before a Sessions Judge with reference to any newspaper or news-sheet, any previous or subsequent issue of such newspaper, or news-sheet may ae given in evidence in aid d the proof of the nature and effect elf the words, signs or visible representations in respect of which the complainh IR made.

Appeal and Appltcatioiz to Higli. Court.

23. Appeal to High Court against orders of Sessions Judges.-

she High Court may pass such orders as i t deems fit confirming, varying or reversing the order appealed from, and may pass such consequential or incidental orders as may be necessary.

24. Application to High Court against orders of forfeiture.-Any person aggrieved by an order of forfeiture passed by the State Government under section I1 or by a Magistrate under sub-sectioll (2) of section 6 or sub- section (3) of section 9 or by any order under sub-section (2) of seotion 12 may, within sixty days of the date of such order, apply ti, the High Oourt to set aside such order, and upon such application, the High Court may pass such order as it deems fit confirming, varying or reverring the order of the State Government or the Magistrate, und may pass such consequential or incidental orders as may be necessary.

25. Procedure in High Court.-Every High Court may frame rdes to regulate the procedure in respect of cases submitted to it under section 21, appeals under section 23, and applications under'section 24, ecsts in such proceedings and the execution of orders phssed therein, and until such rules are framed, the practice of such ' High Court, in proosedings 111

respect of reference, appeal and revision shall apply, in sn far as may be practicable, t o such cases, appeals and applications.

CHAPTER IV PENALTIES

26. Penalty for keeping press or publishing newspaper without making deposit.-(11 Whoever is the keeper of a press which is used for the printing or publishing of any newspaper, news-sheet, book or other document without making a deposit as required under section 4 or section 5 dhall be punishable with fine which may exteild to two thousand nJp€es, or with imprisonment for a term which may extend to six months, or with both.

(2) Whoever publishes any newspaper or news-sheet. without making a deposil as required under section 7 or section 8 or publishes such news- 2aper or news-sheet knowing that such security has not been deposited 4hall be punishable with fine which may extend to two thodsand rupees. ,r with imprisonment for a term which may extend to six 'months, or

with bot.11.

27. Penalty for dleseminating unrtuthorised nmspapers and u,n- authmised news-Sheets.-Whoever sells or distributes or keeps for sale or distribution any unauthorised newspaper or unauthorised news-shee'i knowing or having reason to believe that. i t was an unauthorised newspaper or an unauthorised news-sheet shall be punishable with imprisonment for e term which may extend to six months, or with fine, or with both.

10 Press (Objecttonable Matter) ' L A C Y LVI

tHAYTEIZ V

28. Service of notices.-Every notice under this Act shall be berved t u cnt; manner prov~ded for the service of summonses under the Code:

Provided that if service in such manner cannot, by the exercise of 3 ~ a diligence, be eft'ected, the serving oficer shall, where the notice 15

lireorkd co the keeper oi a press, afix a copy thereof to some conspiciiou~ phrt of the place where the press is situate, as described in the keeper's declaration under section 4 of the Press Registration Act, and where tht notice is directsd to the publisher of a newspaper, to some conspicunub part of the premises where the publication of such newspaper is conducted, as given in the publisher's declaration under section 5 of that Act. alld thereupon the notice shall be deemed to have been duly serves.

29. Issue of search warrants in certain cases.-(1) Where any press is, or any copies of any newspaper, news-sheet book or other document arc, declared forfeited t o Government under this Act, the State Ciover~~nielie may direct a Magistrate to issue a warrant empowering any police officer, not below t h e rank of sub-inspector, t o seize and detain any property ordered to be forfeited and t.o enter upon and search for sucl. property in any premises-

(a) where any such property may be, or map be rea.sonablp ~ u w pected to be, or

( b ) where any copy of such newspaper,.news-sheet, book or other document is kept for sale, distribution, publication or public exhibitiou or is reasonably suspec4ed to be so kept.

(2) Without prejudice to the provisions contained in sub-section ( I ) , where any newspaper, news-sheet. boolr or o i i~e r dwiiment is declcred forfeited to Government, i t shall be lawful for any police officer t o seize the same wherever foundc 8 'T

30. Conduct of searches.-Every warrant issued under this Act, shall, I'

so far as it relates to a search, be executed in the n~aslner provided for the execution of search warrants under the Code.

31. Power to transfer cases.--Whenever it appears to the B i g h Court or, a s the case may be, the Central Government $hat the transfer of anp particular inquiry under this Act from one Sessions Judge to &nother will be ~onvenie i i t or will p r o ~ o k e the ends of justice, such transfer may be directed-

(a) where both the Sessions Judges are subject to the appellate lurisdiction of a High Court, by tha t High Court; and

( b ) ir any other case by the Central Government. 32, Return of security in certain cases.-Where any lreeper cf a press

or pub l i sh~r of a newspaper or news-sheet has deposited m y amount t i e security or further t;ec.iriiy as required under section 4 or section 5 or section 7 or section S a n d no further action has been taken in respect of the preps cr newspaper or qews-sheet under this Act for a period of two years from t h e date of s ~ i c h deposit. t he person who made the deposit or any person claiming under him may apply to the Magistrate, within whose jurisdiction such press is s i t~ ia t~e , or, as the case may be, such newspaper or news-sheet is published, for the return of t h e security in deposit; and t h e r e u ~ o n such security shall, upon proof of t h e claim of the applicant to the. satisfactioc of the Alagistrate, be returned t o such person.

P ~ e s s (Objectionable ~ i a t t e r )

33. Bar of jurisdiction.-Every declaration wf forfeiture purporting to be made under this Act shall, as against all persons, be conclusive evidence mar the forfeiture therein referred to has taken place, and no proceeding purporting to ,be t-aken under this Act shall be called in question by any Court exceptrthe High Court on appeal or application under section 23 or sectlon 24, and no civil or 2riminal proceeding except as provided bv this Act shall be instituted against any person for anything which is in good faith dono or intended to be done under this Act.

3%. Bar of double penalty.-Notwithstanding anything contained in this Acb, no keeper of a press or publisher of any newspaper or news-sheet shall be prosecuted under section 26, if for the same act or cmission such person h ~ s bcen proceederl against under section 4 or section 5 or section 7 ~r cection 8 nor shall any sucll person be proceeded against under section 4 or sectic.11 5 or section 7 or section 8, if for the same act or omission such persori hss been prosecuted under section 26.

35. Cognizability of offences under this Act.-Notwithstanding anything contained in the Cod(? any offence punishable under this Act and any abetmerut of a.ny such offence shall be cognizable and bailable.

36. Amendment of sections 4 and 8, Act XXV of 1867.-In the Fress nnd Registration of Books Act, 1867,-

(a) in section 4, for the words "the Magistrate" the words "the District, Presidency or Sub-Divisional Magistrate" shall be substituted; and

( b ) in section 8, for the words "any Magistrate" the words "any District, Presidency or Sub-Divisional Magistrate" shall be substituted.

37. Repeals.-(1) The Acts specified in the First Schedule are hereby repealed.

(2) Any provision contained in any of the ProvinciaJ ocr State Acts epecified ir, the Second Schedule, in so far as it imposes arty restrif3tions on the prri-~iilg, publication or distribution of any newspaper, news-sheet, book or wthar document, whether b y providing for the pre-censorship thereof, or for the demand of security from the printer or publisher. or In an? other manner, shall cease to have effect.

THE FIRST S C m D U L E [See section 37 (I)]

CENTRAL ACTS I

I. The Indian States (Protection against.Disaffectio&Act, 2. Tho Press (Emergency Powcrs) Act, 1981 (XXIII of 1031). 3. The Foreign Relations Act, 1932 (XI1 of 1932). 4 The Indian States (Protectioil) Act, 1034 (XV of 1934)

STATE ACTS 1. Tiie Iigderabad Press and Printing Establishment Act (XI1 of 1357F). 2. The Madhya Bharat Press (Emergency Powers) Act, 1950 (LXIX of I

1950). 3. The Mysore Press and Newspapers Act, 1940 (XIV of 1940). i. The Patiala and Eas t Punjab States Union Press (Emergency Powers)

Ordinance, 2006 (XIV of 2006). 5 The Rajasthan Press Control Ordinance, 1949 (XLVI of 1949).

402 12 Press (Objectio~zable Matter) [ACT LVI OF 1951 I

THE SECOND SCHEDULE [See section 37 (2)l

1. The Assam Maintenance of Public Order Act, 1947 (V of 1947)

2. The Bihar Maintenance of Public Order Act, 1949 (I11 of 1950). 3. The Bombay Public ,Security Measures Act, 1947 (VI of 1947)

4. The Madhya Pradesh Public Security Measures Act, 1950 (XXIII of 1950).

5. The Madras Maintenance of Public Order Act, 1949 (XXIII of 1949)

A. Tha Orissa Maintenance of Public Order Act, 1950 (X of 1950)

7. The West Bengal Security Act, 1950 (XIX of 1950). 8. The United State of Gwalior, Indore and Malwa (Madhya Bharat)

Maintenance of Public Order Act, Samvat 2005 (VIJ of 1949)

9. The Patiala and East Punjab Stat= Union Public Safety Ordinance, xu06 (V11 of 2006).

10. The Rajasthan Public Security ,Ordinance, 1949 (XXVI of 1949). 11. The Saurashtra Public Safety Measures Ordinance, 1948 (IX of 194%).

1950 (V of 1950)

, [I,.+ y& / , 4 p & 4 puce; s& r lPL-M, /flf(%jg3- 9511.92 b = '

GA.. + JA-

x7 k .- L

i: ' 9 - II\

THE PUNJAB APPROPRIATION ACT, 1951. 403 '

P,

t NO. LVII OB 1951.

n Act to authorise payment and appropriation of certain -further sums from-and out of the Consolidated Fund of ' the Sfate of Punjab for the service of the year ending on . the 31st day of March, 1952.

[Q4th October, $951 J

B E it enacted by Parliament a; follows :-

1. Short &e.-lhis Act may be oalled the Yunjab Appropriation Act, ' 1951.

" 2. Issue of Rs. 14,22,820 out%of Eke ~&sdlidated Fund of the State of '

Punjab for the year 1951-52.-Prom and out of the Consolidated Fund 01 the ifitate of Punjab there may be paid and applied sums not exc;eoding those specified irl column'3 of the Schedule, amounting in the aggregate to the sum of fourteen lakhs, twenty-two thousand, eight hundred ~ n d twenty rupees towards defraying the several charges which will come in

urse of payment during the year ending on the 31st day of March, 195Y. respect of the services specified in column 2 of the Schedule.

3. Appropriation.-The sums authorised to be paid and applied from and out of the Consolidated Fund of the State of,Punjab by &is Act gh~l! be appropriated for th3, ssrvices and purposes expressed in the Schedu!e in relation to the year ending on the 31st day of March, 1952. P.

BCHEDULE

(See sections 2 and 3) - ----l____l_-w

Sums not exceeding I---- .

NQ . of De -

- mand


--- Voted by

Parliament

Price anna 1 or l&d.

3

----i 1 + Charged

Advances not bearing Interest-Ad- vqn'oes repayable . . . 1 10,000 I :: 1 70,000

--_L_ -- -*__

on the Consolidated

Fund

14,22.820 IZ,22,R20

Total

:THE APPROPRIATJClN (RAILWAYS) No. 4 ACT, 1951. No. LVIII OF 1951

Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the servioe of . the year ending on the 31st day of March, 1952, for the purposes of railwa~s. 0

/ \ [!24fh October, 3951- j '

BE it enacted by Gal*lian~ent as f o l l ~ w s : ~ 1. Short .title.-This Act mag be ca.1led the Appropriation(Rai1ways) No.

-4 Act . 1951. 2. Issue of Rs. 8,64,22,000 out of the Cmsolidaied Fund of In& for t h e !

year 1951-52.-From and, out of the Consolidated Fund of India there mag be paid and applied sums not exceeding those dpecified in column 3 of the Schedule alnouilting in the aggregate to the sum of eight crores, sixty-four l a b s and twenty-two thousand rupees t ow~rds defraying the several chargee which will come i r ~ course of payment during the year onding 9n the 31si da-j of March. 1952, in respect of the services relating to railways specified in column 2 of the Schedule.

3. ~ ~ p r o ~ r i a t i o n . - ~ h e sums authorised to be paid and appMed6&om and ,ut of the Gonsolidated Fund of India by this Act shall be appropriated for ;be services and purpses sxpressed in the S~hedule in relation to the yeat :riding on the 31st day af March, 1952. '

BCHXDULE (See 'seotions 2 and 8)

2 3 ------ - - - - - r - - - c - - -

Slnms not exceedipg

1 Serviosa and purposes Voted by Charged on Parlihent the Consoli- Total

I dated Fund

Rs. Rs.

Audit . 68,000 68,000

Administration . 49,30,000 . . 49.30,OOO li I Worklng Expensea-

Repairs and Maintenance . 1,37.13.000 . . 8 Working Expenaes-

Operating Staff . . . 1,04,42,000 . . 1,04,42,000 8 / Working Expenses- E%

Operation (Other than Staff ' i 13,73,000 . . 13,73,000

- and Fuel)

Price anna 1 or lad..

> . /

\ .? 407 *

4

THE DELHI PREMISES (REQUISITION AND EVICTION) ,

A M E N D m N T ,ACT, 1951. No. LIX OF 1951

,

,

An Act 'further to amend the Delhi PremiBes (Requisition and Eviotion) Act, 1947.

. . [24th October, 1951)

BE i t enacted by Parliament as follows :- I. Short title.-This Act I&~ be called the Delhi Premises (Kequisi-

tion and Eviction) Amendment Act, 1951. 1 2. Insertion of new section 10A in Act XLIX of 1947.-After section 10

of the Delhi Preinises (Requisition and Eviction) Act,. 1947 (hereinaftuu . I

referred to as the principal Act), the following section shall be inserted namely : I ,

"10A. Power to recoveT Tent OT damages in respcct of publtc premises as arroays of land revenue.-(3) Subject to any rules that may

2

bd made in this behalf by the Central Gov~rnment by notification in the OGcial Gazette, any sum due by way of rent in respect of any public premises which is in arrear may, subject to the prov~eions oi sub-section (P), be recowred by the competent authority frqm the pertson liable to pay the same, 1n the same manner hs an nrrear of land revenue.

(2) Where any person is in'unauthorised occupatioi~ of any public premises, the competent authority may, in the prescribed manner, assess such damages on account of the use and occupation of the public premises as he thinks fit and may, by notice served by post or in such . other manner as may be prescribed by rules made in this behalf, ordar that person to pay the damages within such time as may be, specified ~ L I the notice

(3) If any person refuses or fails to pay the damages within the tlme specsed in the notice under sub-section ( 2 ) , the damages may. subjsct to the provisions of sub-section (4 ) , be recovered in thg skime manner as an arrear of land revenue.

(4) 1Jotwil~hstanding anything contained in section 67 01f the Pun, lab Land Revenue Act, 1887 (Punjab Act No. XVTI of 1887), any sum

' due by way of rent or damages may be *recovered only by any one or more of the following processes, nhmely :-

(a) hv service of a writ of demsnd on the defaulter; , q

( B ) by distress and sale of his moveable property and uncut; or ungabhered crops ; and

$1 2; procaeding against t h ~ immov~hble property of the defaulter, '

L

- e I ' .

- 2 Delhi 1'~ewlzscs (Roquis~tton uud Ihzction) d&~e?zdl?zaltt [ACT ~ t x OF 1951)

3. Amendment of section 11, Act XLIX of 1947.-L3 section -11 of the principal ,4ct,--

\ (i) in sub-section ( I ) , - '

(a) for the wo~ds "Government premises", wherever $hey occur, the words -"public premises" shall be substituted;

(b) for the Bzplanution, the following Explanatton shall be substitutecl namely : -- , - "Ezp1anation.-Jn this section and section 10A, 'public'

premises' means any premises or land belonging to, or taken on lease 01 requisitioned by, the Central Governm-ent or a s j pl~emises requisitioned by the competent authority under this Act or-any premises or !and belonging to any municipality o:

,any land belonging to the Improvement Trust, Delhi, whether such laud is i~ the possession of, or leased out by, tho Imp~o'vement Trust. " ;

(ii) in s ~ b sections (LA) and. (3), for the yord "premises" the words "public premises'? shall be substituted.

4. AmencEment of section 12, Act xLIX of 1947.-In sub-section (2) of section 12 of the principal Act, after clause (d) , the following clause shall be inserted, namely :-

" (dd j the manner in which damages for unauthoris~d ~ccupatiol: *

may, be assessed and the matters which may be taken into account in assessing such damages and foi, appeals against such assessment ;".

- -

I

i

- 1 I

I

:7!1~D--SI- -65 R I of WP&S---11-2-52-4000

/

THE APPROPRIATION (No. 3) ACT, 1951

An Act tn authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the service of the year ending on the 31st day of !-larch, 1952.

[29th Octobe~, 19511

BE i t enacted by Parliament as £allows:- I

I. Short title.-This Act may be called the Appropriasion (No. 3) Aot 1951. I

I

2. Issue of Rs. 28,76,82,000 out of the Consolidated Fund of India for I the year 1951-52.-From and out of the Consolidated Fund of India there may_ be paid and applied sums not esceediilg those specified in columil 3 I

of the Schedule amounting in the aggregate to the sum of twenty-eight crores, seventy-five lalrhs and eighty.-two thousand rupees to~vards defraying the several charges which will come in course of payment during the year ending on the 31st day of March, 1952, in respect of the services spe- I

cified in column 2 of the Schedule. ,

3. Appropriation.-The sums authorised t@ be paid and applied from sna out of the Consolidated Fund of India by this Act shall be appropriated £01 the services and purposes expressed in the Schedule in relation to the yea1 dnding on the 31st day of Ma~ch, 1952.

THE SCHEDULE (See sections 2 and 3)

I

Ministry of Commerce and Indusa- try.

Industries . , . Commercial Intelligence and sta

tistics. Indian Posts and Telographs

Department (including working expenses).

Ministry of External Asairs . Tribal Areas . External Affairs .

1 %! 3 --- -- ----- -C--- ----------- --, Sums not exceeding

P ~ i c e anna 1 or 1Bd.

No. of

Vote..

--.-


----.--

A ---- I I '

Total

c--

Rs.

C C ~ - ~ C - --LC-

Voted by Parliament

-cc+,--+-

Rs.

Charged on the Consoli- dated Fund ---

Rs.

C

i Appropriation (&o. 3 ) [ACT LX OB 19511 -

1 -- 2 -t-------- ----

--

3 4 - - - ------c--

Sums not euxeedi~ig No. , Services and purposes

of 1

vote 1 - - - ! 21 ' Ministry of Fidance . 23 1 Union Excise Duties. :

I 24 Taxes on Income including Cor- poration Tax.

26 Opium .

Voted by Parliament

-----.-,

Rs.

8,25,000 10,00.000 11,56,000

11,00,000 6,50,000

60,000 1,47,000

15,26,40,000 2,68,14,000

10,14,000 30,00,000

3,77,000 17,44,000 4,79,000 l,OO,OOO

96,000 5,79,000 3,72,000

11,34,000 10,000

1,82,000 4,00,00,000

5.00,OOO

i,ki,ooo 5,73,000

. 4,87,000 50,000

1,27,000 8,02,000 5,68,000 2,32,000 3,00,000

1,000

1,000

. . ---

26,81,14,000

28 , 29 30 34 35 37 ' 38 40 45 46

, 47 49 53 66 67 63 70 7 1 72 7 3 74 75 77 78 79 80 81 88 91 68

$,

LOO

Audit . Joint Stock Companies . Miscellaneous Departments Miscellaneous . . . . Grants-in-aid to States . . Resettlement and Development . Pre-partition Payments . Ministry of Food and Agriculture Agriculture . Civil Veterinary Gervices . Indian Dairy Department . Medical Services . Police . Delhi . . . Ajmer . . . Administration of Justice . Ministry of Rehabilitation . . Expenditure on Displaced Persons Ministry of States . Territorial and Political Pe ions % K U ~ C ~ . . Himachal kradesh . Bhopal Vindhya ~rades 'h : Manipur t

Tri ura . ~ e g t i o n s with States : Supplies . . Stationery and Printing . Capital Outlay on Industrial De-

velopment. Capital Outlay on Schemes of

Government Trading.

_ _ _ _ _ - - - - - - - - - Charged on

the Consoli - dated fund

Rs.

. . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,000

. . . . 78,'27,000 . . . . . . . . . . . , . . . . . . . . . .

1,10,31,000

--- 1,94,68,000

lo6 1 Loans and Advances by the Cen- trhl Government.

! TOTAL . I

Total

--c--

. its.

8,25.000 10,00,000 11,56,000

11,00,000 6,60,000

60,000 1,47,000 7

15,26,40,000 2,58,14,000

10,14,000 30,00,000

3,77,000 17,44,000 4,?9,000 1,00,000

95,000 5,79,000 8,72,000

11,34,000 20.000

1,82,000 4,00,00,000

5,00,000 78,27,000

1,63,000 6,73,000 1,87,000

60,000 1,27,000 8,02,000 5,68,000 2,32,000 3.00,OOO

1.000

1.000

1,16,31,000

28,76,8Z,WO

-*.-.---.- ------$.. --. . '-"- " ~ r . . ~ - ' , - - , ~ , - ~ r - - - " # ~ ~ - ~ S," - *.ex7 --,--

Fx* - k

< bL &Caak ,Vd.Gifi ' 4 ,

i , THE ALL-INDIA S E R V I C E S ~ T , 1951

r^-xI~--------

No. LXI os 1951 _C--

. An Act to regulate the recruitment, and the conditions of service of persons appointed, to the all-India Services common to the Upion and the States.

[29th October, 19511


1. Short title.-This Aot may be called tBe All-India Services AcC, 1951.

2. Definition.--1n this Act, the expression "an all-India Service" means the service known as the Indian Admini~trative Service or the service known as the Indian Police service. .

3. Regulation of recruitment and conditionsLof sservice.-(1) The Cen- tr&l Government may, sfter consultation with the Governments 'of tho Stakes concerned, make rules for the regulatipn of recruitment, and the conditions of service of persons appointed, to an all-India Service.

(2) All rules .made under this section shall be laid for not less than fourteen days before Parliament as soon as possible after they are made; and shall be subject to such modifications, whether by wa,y of repeal or amendment, as Parliament may make on a motion made during the session . in which they are so laid.

4. Continuance of existing rules.-All rules in' force immediately before the commencement of this Act and applicable to an all-lndia Service shall continue to be in force and shall be deemed to be rules made under this a08.

-

I P__q

Price anna 1 or lad.

GIPD-S1-865 bf of Law-8-2-52-4,000.

<

I .

No. LXII OF ..1951

tan Act further to amend the Aligash Muslim University Act, 1920.

[BtJb October, 1951)

B E it enacted by Parliament as follows :--:

1. Short title and commencemeat.-(1) This Act may be celled tb@ Bligarh Muslim University (Amendment) Act, 1951.

(2) 8ections 30 and 31 shall come into force at once, and the r e m a i n i n a ' provisions of t h i ~ Act shall mme into force on such date as the Central X

Gcvernment may, by notificatjon in the Official Gazette, appoint, and '

Merent dates may be appointed for different provisions.

2,'~snendment of section 2, Act X b of f920.--In section 2 of t h ~ Qligarh Muslim University Act, 1920 (hereinafter refemd to as the principa( lot) .-

(a) in clause (4, for the words "or 'maintained" the words "main. tained or recognised" shall be substituted;

(b) clause (e) shall be omitted. .

- 6. Omiain af section 9 in Act Xb of 1920.-Section 9 of the principal A&,- 1 ' Yq

> - - (i) in clause 3, in eub-clause (b) after the word "institution~~."

the word "or" shall be inserted and after the said sub-clause ( b ) eo amended the following sub-clause shall be inserted, namely :-

"(c) being women, shall have pursued a course of privek . study,"; ,

[ii) in sub-clause [4) the words "on approved persons" shall be omiktied ;

(iii) in sub-clause (5) after the word "uliplomas" t,he words "end certificates" shall be inserted;

(iv) in sub-clause (7)-

(a) the word "any" shall b.e omitted;

(b) for (he words "and pdsts" the words "and other poste' shnll be substituted ; h

1 ;-- . - _.- - - _ - - i 414 (.

. , . R I k y Q Aligcarh Muslim University (Amendmant) [AOT LXII

; (v) in sub-cleuse (8), after the word- "scholarships," the word k "studentships," sha,ll be .inserted;

1. (vi) in sub-olause (9) for the words "for the residence of" the words "and Hostols and to recognise plaoes of residence for the" shell be ~ubatitutad;

i

(vai) in sub-clause (11) after the words "r'esidence and" the words "h regulate the" shall be inserted and the word "and" at the end of bhe-sub-olause shall be omitted;

(viii) afker sub-clauee (11) the following eub-clauses shall be , inserted, namely : -

"(11A) to make special arrangements in respect of the '

residence, discipline and teaching of women students;

(11B) to create administrative, ministerial and other neoes s q posts and to make appointments thereto; and"; .

(b) in sub-olause (la) all &ords after the words "the Universltg shall be omitt$d.

4. Amendment of sectisp 7, Act XL of 1920.-h sectiorl 7 of the ,I principal Act, for the words and letters "Part A States and Part C 8tatetee

tho word 'India',' shall bc substituted.

8. Substitution of new section for section 8 in Act XXJ qf 11820.-For seation 8 of the principal Abt, the following section shall be pubstitutetl,

T - namely : -

"8. Unive~siby open to all classw, castes and creed's.-The Uni- versity shall be open tmo persons of either sex land of whatever race, creed, caste, or class, and it shall not be lawful for the University t o adopt or impose on any person, any test; whatsoever of religious belief or profession in older to entitle him to be admitted therein, as a teeoher or student, or to hold any office therein, or to graduate thereat, 0s. to enjoy or exercise any privilege thereof, except in respect oi any particular benefaction accepted by the University, where such tdst is made a condition thereof by any testamentary or other instrument creating such benefact~on :

i L P~ovided that nothing in this section shall be deemed to prevent F religious inktruction being given in the manner prescribed by the'

Ordinances to those who have consented io receive it." \

fi. Omission of section 9 in Act XL of 1920.-Section 9 of the prineipnl ; Aob shd1 be omitted, I.. PI. Substitution of new mctim for ~ c t i o n 11 in Act XL 01 1920.-For c wotion 11 of .the principal .Act, the following scction shall be bubstituted.

namely : -,

i i "11. Teaching in the University.-All recognised teaching for b

thc purpose of University degrees, diploma9 and certificates shall be 6 w~lducted in the n ~ r n e ' o f the Universitep and in accordance with the

Ordiuwnces and shall include lectsure6, seminars, tutorial instructigg ' ' ynd practical work in the laboratory or in t,he field."

- -7 7

- , ,

e.

nZigu& M u s l i m ~ l z i ~ e ~ s i t y ( ~ m c n d m e n i ) 4150 3

. Substitution of new seetioli for sectim 12 in Act XL of 1920.-11'01 on 12 of the principal Act, the following section shall be substituted, . .

6

"12. Power t o estabLzs72 a ~ ~ d main ta in Hiylz. Schools and otlzet i~zstitu&io~zs.--(1) The University 'shall, subject to the Statutes, have power to establish and maintain. High Schools within a radius of Gfteen iniles from the University Mosque.

(2) The University may also, with the san'ction of the Visitor and '

subject bo the Statutes and the Ordinsancesl, e s t a b l ~ h and maintain . within the aforementioned limits any other institution whotre objects Fall within the powers of .the University as described in section 5."

ubstitution of new section for section 12A in Act XL sf 1920.-bor l2A.of the prirLcipal Act, the iollowing section shall be substituted,

"12A. P o w e ~ t o yscoylttse Golle y es and inst i tut ions .;With the approva.1 of the Academic Council and 'the sanction of the Visitox and subject to the Statutes a ~ d the Ordinances, the Umiversiby rna3 admit Colleges and institutions within fifteen miles of tho University !Mosque to such privileges of the University as it thinks fit.''

10. Amendment of section 13: Act XL yf 1920.-In section 13 of the ,

(a) for the words '7:or.d Rector", wherever they occur, the word "Visitor" shall be substituted;

( h ) for the word "Court", wherever it occurs, the word8 "Exe cutisre Council" shall be subetit~ited;

\

(G) in sub-section (2) all the words after the words "with the University" shall be omitted and a f k r the sub-section as so amended the following sub-section shall be inserted, namely: -

"(2~) The Visitor shall in every case give notice b the University of his intelitioil to cause an inspection or inquiq $0

be made, and the Unive~sity shall be entitled to appoint e representative who shall have the right to be present and be heard at such inspection or inquiry."; and

(d) after sub-section (5) the following sub-section shall bo inserted, namely : - 1

"(6) Without prejudice to khe faregoing provisions of t& section, the Visitor may, by order in writing, annul an preceding of the University which is not in conformity wi$ tbie Act, the Statutes or the Ordinances:

Provided that before making any such order, he ehell o a upon the TJniversity to show cause why such an order ehould no8 be made, and, if any cause is shown within a reasonable & h e , shall consider the same."

11. Omission of -section 14 in Act X L of B2Q.-Seciion X4 of $he prinaipal AoC sbdl be omitked,

- %

4 ifiigarlt Muslim Unz"uersity (dmendmepzt) ACT L X ~ I

12. Substitutioi of new section for section 15 in Act XL of 1920.-For section 16 of the principal Act, the following section shall be substituted. namely :- *

"15. Chief Rector and Rectors.--(I) The Governor of the Starr of Uttar Pradesh shall be the Chief Rector of the University.

(2) Such persone as may be appointed in this behalf in ' accordance with the Statutes shall be the Rectors of the University. '-

13: Amendment of section 16. Act XL of 1920.-In section 16 of the prinoipa.1 Act, the word "and" at the end of item (3) shall be omitted, and after the said item (3) 'the following tihall be inserted, namely :-

"(3A) The Pro-Vice-Chancellor, if any; (3B) The Treasurer; (3C) The Registrar;

(30) The Deaiis of the Faculties; and". a

14. ~meedment of section 19, A C ~ XL of 1920.-For '~ub-section (1) of section 19 of the principal Act, the following sub-section shall be substituted, namely:-

"(1) The successors to the Vice-Chancellor holding office at the commence~nent of the Aligarh Musli~n University (Amendment) Aot. 1951, shall be appointed in the manner provided in the Ftatutes."

15. Amendment of section 21, Act XL of 1d20.-1n section 21 of the principal Act,-

(a) fur the words ' ' the Pro-Chancellor and the Vice-Chancellor the words "and the Pro-Chancellor" shall be substituted;

(b) the words "and the Ordinances" shall be omitted.

16. Amendmekt of section 22, Act XL of 1920.-In section *22 of the principal Act, the word "and" at the end of item (3 shag be omitted R D ~ after the said item (3) the follawingshall be inaerte d , namely:-

"(3A) The Finance Committee;

(3B) The Faculties; and".

17. Amendment of section 228, Act XE of 1920.-In section 23 of the 'principal Act,- .

(a) in sub-section ( I ) , - -

(9 for the words "and the Vice-Chancellor" the words and breickets "the Vice-Chancellor and the Pro-Vim-Chancellor (if any)" shall be substituted;

(ii) the p~crviso shall be omitted;

~ ( b ) in sub-section (2) the words "and direct that neoeesarj action be taken by the Executive or Academic Council, as the case, rimy be, on any recommendations of $he Lord Rector" shall be omitted.

I I

:: 18. Amendment of section 26, Act XE of 1920.-In section 26 of t he , principal Act, after the word "duties" the yords "pf the Finanm Corn-

[ mittee and the Faouliier~ and" shall be inslerted. s . ; 1

I

5

-

i I

19. Substitution of n6w section for section 27 in Act XL 08 1920.-For section 28 of the principal Act, the following sub-sections shall be substituted, namely : --

"27. Power to malce 8tatuies.-Subject to the provisions of thle A d , the Statutes may provide for all or any of the following matter^, namely :-

(a) the -co&stitution, powers and duties of the authorities o f . the University;

(b) the election and continuance in office of the me~nbers of the said authorities, including th'e continuailce in office of the first members, and the filling of vacancies of members, and sll other matters relative to those authorities for which it may be necebsary or desirable to provide-;

(6) the appointment, powers and duties of the officers of bhe Univer~ity ;

(a) the ~onatit~ution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the &oem teachers and other employees of the University;

(e) the conferment of honorary degrees;

(f) the institution of fellbwships, scholarships, studentshipn exhibitions, medals and priees;

(g) the withdrawal of degrees, diplomas, certificate8 and obbr academic digtinctions ;

(h) the establishment and abolition of Faculties, B e p d ments, Halls, Colleges and other institutions;

(i) the collditions under which Colleges a;nd izrstitutiona mag be admitted to privilege5 of the University and far the withdrawal of such privileges ;

(j) the establishment of High Schools and other institutions 4 in accordance with the provisions of section 12; and

(k) all other matters which by this Act are to be ur m g be provided by the Statutes."

20, Amendment of ~ection 28, Act XE of 19ZO.-For sub-section (2) of seation 28 of the principal Act, the following sub-sections shall be substib

. tlitad, ns,mely:--

"(2) The Court may, from time to time, make new or additionel Btatutes or may amend or repeal the Statutes in the manna hereinafter in this section provided.

(3) The Executive Council may propose to the Court the draft of apy Statute fa be passed by the Court, and such &aft shall be m s l - dered by the Court at its next nleeting.

(4) The Court may approve 'any such draffi aa is referred to in aub- raection (3) and pa8s the Statute or reject it or return i b to the Exeoutive Council for reconsideration, either in whole or in part, together . wi& . m y waendments which the Gourt may suggesb:

8s- . . . . . . . ' >: < : . !..-. ' . , . . . F:. .. . :, 6 , .., , A,$&& MTLAi$fi' G,,ive+,<&j . ( ~ & j ~ ~ ~ e ~ ~ ) , : 7 ACT : . . LXLL . . . .. ., . ; . ; , . .

i;. . . . . g5. . . 6. l'rovided iha t the Exe,cutive Couiicil +all nd propose. the draft of - '

O ':

C . any Statute or of any- amendment o f ' s Statute affecting the status, 6 i:. , . ..

. powers or constitution of a n y esistiing authority of 'the University, uhtil . , ,

& .. ct ,

a.uch authority has been giueil a,n opportunity of expressing a:n .opinion K? g .&

upo,n the pr~posal, and any opinioi~ so expressed shall be :n. w?iting and -'

. . shall'be consjdered. by the Court., .' . . . g .. g &: , ' ,

( 6 ) Any member of the CouG may propoA.. to the Court the draft

g . . of . m y Statute and the Court- may reject the proposal 01- refer mioh' g . draft for consideration to theExecutive Council., which ' niey either ' - E,

. reject the proposal ur submit the draft to the Court in suoh form as the I!., . . . Executive Council lr~ay approve, and the proyisio.ns of this section: shall *5>. v. :. ,.+

epply in the case of any draft so submitted as tbey apply in thd.case of

8: a' draft proposed. to thii Court by th@ Executive Council. I $>. (6)l Every new Statute or addition to the-statutes or any amend- F 9-

- rnent or repeal of 'n Statute shall require the previous approval of the D ; g ' Visitor n7ho may ?&notion, clisallow, or remit it for Further. consi-

. . deratio~i." . '

re : . .

&. 5~ r; > , ~ . 21. .~ubsti&tioa d nbw sectisn.for sections 29 and 80 in Act X h oi ki, 1820.-For seutimls 29 and- 30 of the principal Act, the following seotio~l $;.i shall be substituted, namely :.- , . p: I.; .

e. I&

'"29. Power t o rna7ce 0rdinarzces.-(1) subject: to the provisions of ,' . g

, this Act end.fhe Statutes, the 0rd.inances may providp for all or a i~y ' ' g: . . of the following matters, namely:- 1; 6,

(a) the %dmission of students to the University, and their ep- E, gi, rolmenb .as such ; g: F:

( b ) the courses c\f study to be laid down for.al1 degrees, diplo-, mas and ?ertificates of the University; ' ~ . .

gi .:

[:., . . . ' (c) the award of degrees, diplomas, certificates aod &her k: aoad.emic distinctions, the qualifications for the sa.me and the. - ' I.. . . ?.-. . means to be taken relating to the granting and obtaining of the. - j gj . . same ; $? . . 8 .. 6.:.

,$

g .(d) the fees to be charged for courses of study in the Uni- 14 p. . . versity for aclmissicn to the examinations, 'degrees and : 3:. l; diplomas of the .University; . .

8% c; (eo the conditiqns of the a.ward of fellowships, sch,olarships, ,

8;: 5:: studentships, exhibitions, medals and prizes; '

. .

!: (f) the conduct of examinations, including the t,e&s of office 6.. .

and manner of appointment and the duties of 'examining bodies.; .?, !... . . examiners and moderators ; E . . . p .+.. , 5.. ..

(g) the rnainten&nce .of discipline a.mong the students,of the- . ,: . . University ; 1.

LP (h) the conditions of residence of the'*stkdent. of t he Uhiver.

aity ; . j 5;

g - $i

I' (i) the special arrangements, if. any, which may be made for P: g the residence, discipline and teaching of woman students and . the . . . j

prescribing for them of special courses of. studies ; #,, D".

4 r. (j) tho giving of religious instruction; . 1 L,, p . ' . 7 i . . .,. . i

--.- - -

\ '-

. , ,

OF 118611 Atigarh Musli?tz U~t iuo~s i ty (Amendment) 413 7

(k) the emoluments and the terms and conditions 2 seralee 01 teachers of the University ;

(1 ) the maii~tenance of High Schools and'other institutions in ' accordance with the provisions .of section 12;

. (m) the supervision and inspection of Colleges and other ini@- tutions admitted to the piivileges oP the TTniversity under section 12A; and

t

(n) all other matters which by this Act or the' Statutes-are to 1 be or may be provided for by the Ordinances.

(2) The Ordinances in force imrnedititely before the commence- ' ment- of t he Aligerh Muslim University (Amendmeat) Act, 1851,

. - I I

may be amended, repealed or added to a t any time by the Exdcutive I I

Council provided t h a t I I

(i) no Ordinance shall be made a8ecting the condiFi~~as of I I

residence or discipline of students except after consultation with the Academic Council;

(ii) no Ordinance shall be made-

(a) affecting the admission or enrolmen? of students ar - proscribing exaniinations to be recognised ag equivalent to the University examinations, or

( b ) affecfing the coiiditions, mode of appointmen5 Or duties of examine& or the conduct or standard of examinations or any course of study,

unless a draft of such, Ordinance has been proposed by the Academic Council.

(9) The Executive Council shall not have power to ,amand any M

draft proposed by the Academic Council under the provisions of sub- eeot i~n (2) but may reject the proposal or return the draft t o the Academic Council for reconsideration, either in whole or in part, I

together with any amendments which the Executive Council may suggest.

(4) Where the Executive Council has rejected the draft of an Ordinanca proposed by the Academic Council, the Academic Council ,

.may9 appeal to the Central Government and the Central Governmen* tnay, b,p order, direct that t he proposed Ordinance shtill be laid before t-he next r~leet~ing of the Court for its approval and that pending such approval it shall have effect frorn such date as may be specified in the mder :

I'rovideil that if the Orciinance is not approved by thb Court a t ' eu:h meeting, it shall ce:lse to have effect.

(5) Ail Ordinallces made by ihe Executive Council shall be submitted, as soon as may be, to the Visitor' and- th-e Court, and shall 'be considered by the Court a t its next meeting: and. t h s i Court shall have

- power, by a resolution passecl by a majority of not less t,han two-thirds of the membe~s VO~;LI~ , to c ~ n c e l any Ordinance. made b~ the Executive Council, and such Ordinance shall, I ~ o m tba date of such ~.'e,solutiop. geage to , have effect,

Aligarh Muslim Univetsity (Amendment) [ACT IZD

(6) The Visitor may, by order, direc% that the operation of any Ordinance shall be suspended until he has had an opportunity of exercising his powers of disallowance, and any order of suqpenaion under thij sub-section shdl cease to have effect on the expiration of one moilth from the date of such order or on the expiration of fifteen days from the date of consideration of the Ordinance by the Court, whishever period expires later.

(7') The Visitor may, a t any time after an Ordin~noe has been oonsidered by the Court, sigliify to the Executive Council his dls- allowance of such Ordinance, and from the date of receipt by $he Execut i~e (louncil of intimation of such dissllowasce, such Ordinance shall cease to have effect."

P L

22. Amendment of section 81, Act XL of 1920.-In section 31 of the . iz

principal Act, aftsr sub-section (2), the following sub-section s h d be hserted, na-mely : - \.

"(3) The Executive Council may direct the amendment, in A I I C ~ manner as i t may.specify, of any Regulation made under this eection- or the annulment of any such Regulation :

1 L Provided thst any authority of the University which is dissatisfied

with any such direction may apped to the Court, whose decision in the matter shdl be final."

23. Omission of section 82 fn Act XE of 1920.-Section 32 of- the p~incipal Act shall be omitted.

24. Amendment of section 33, Act XL of 1920.-In section 33 of the principal Act,-

'

(a) in sub-section ( I ) , for the words "the Acadtmic Council h such manner as may be preticribed by the Ordinances" the words "the Executive Council on the recommendation of the Academic Counci.1" shall bs substitiuted;

( b ) sub.section (2) shdl be omit.ted; . F

(c) in sub-section (31, for the words "to prepwe" $he worda "and I to prepars and publish" shall be substituted and the words "and to

report, suoh results to the Executive.Counci1 for publication" shell be I ~mi t t ed . . i

25: Amendment of section 85, Act XL of 1920.-In section 35 of t h e f principal Act,-

(a ) in sub-section. ( l ) , for the words "auditors appointed by the r.

I ' Visiting Board" ,the words "the Camptroller and Auditor-General of

India" shall be substituted ;

( b ) in sub-section (2), for the words "the Auditors' report shall be ~lubmitted through the Visiting Board to the Lord Rector" the words

'

"the report of the Coinptroller ~ n d Auditor-General shall be submitted to the Visitor" shall be substituted.

26. AmendMent of section 36, Act XL of 1920.-In sub-section (2) of , sectjon 36 of the principal Act, for the words "Visiting Po8,rd" the w ~ r d 1

"TTisitor" shall be substitu$d.

< i

! . _ I ,

y .** t' ?> .. '

OF 19511 Aligarla Musl im University ( A q s n d m e n t ) 421

9

27. Amendment of section 37, Act k~ of 1920.-In section 57 of the principal Act,-

(a) in sub-section ( I ) , for the words "provident and pension funds" the words "pension or provident fund or provide such insurance scheme" shall be substituted;

(b) in sub-section ( 2 ) , for the figures "1897" the figures "1925" shall be substituted.

28. Amendment d section 38, Act XL of 1920.-In section 38 of the principal Act,l

(a) sub-section (1) shall be omitted;

(b) in sub-section ( g ) , 6he word "other" shall be omitted and £01 the words "any office of any authority" the words "any office or in an3 authority" shall be substituted.

' 29. Omission 01 section 40 in Act XL of 1920.-Section 40 of the principal Act shitll be omitted.

30. Temporary provision for amendment of Statutes.-The Central Government may, by notification in the Official Gazette, lnrtke such a&apCa&iilions and modifications in the -6tatuties in force imrnediafely before the commencemeut of this Act as, in its opinion, may be necessary or expedient to bring the provisions of the Statutes into accord with the pro. visions of the principal Act as amended by this Act:

PI-ovided that nothing in this section shall be deemed to empower the Central eovernment to malre any adsptation or modification of any such . Btafute afber the expiratio11 of three months from ths commenc~menjj of this Act.

\

31. Transitlorial provisions.-Any officer or authority of the Universit~ . exercising uny functiorls under the principal Act, immediately before the commencemeut of t-his Act, shall continue to -exercise such funations until the corresponding new officer or authority is appointed, elected or constituted it) accordance with the provisions of the principal Act as amended by this Act or the Stutute~: as adapted or modified under this Act,

f

THE STATE FINANCIAL cORPQRA'I'IONS ACT, i g ~ i 42 3 No. LXIII OF 1951 ' .

ARRANGEMBNT OF SECTIONS ECTION S

UBAPTBR I PRELIMINARY I

1. Short title, extent and commencement 2. Definitions '

CIFAPTER I1

INGORPORATJON O F STATE FINANDIAL CORPORATIONS, THEIn CAPITAL AND A ~ A N A G E ~ I V I E N T

3 Establishment of State Financ'ial Corporations $7. 4. Share capital and shareholders 5. Restrictions on transfer of shares 6.

trust or approved secprities Shares to be guaranteed by, the State Governmeuf a ~ d to be

7. Additional capital of tke Financial Corporation 8. Deposits with the Financial Corporation 9. Management of Financial Corporation

10. Board of directors 11. Term of office and retirement of directors 12. Disqualifications for being a director

13. Removal of director from office 14. Resignation of office by director and filfing up of casual

vacancies

,15. Chairman of the Board 16. Renluneratioil of direatore 17. Managing director 18. Executive Commit'tee 19. Meetings of the Board and Committee

20. Powers of Executive Coininitbe 21. Advisory commiiiiee 22. Offices and agencies

C

23. Officers and otlaas employees of the Corporatio~ P ~ i c n rcnnas 2 or 3d.

- - - - - - - - - ----<-. -""vzp

424 ii S ta t e Financial Corporations [ACT TJXIII OF 19511

CHAPTER 111

24. General duty of the Board

25. Business which Financial Corporatiolls inay transact

26. Limit of accoinmodation 27. Power to impose conditions for accommodation

28. Prohibited business 29. Rights of Financial Corporation in case of aefault

30. Power to dall for repayment before agreed period

31. Special provisions for enforcement of claims by Financial Corporation

. 32. Procedure of district judge in respect of applicatioas under 6 3~ / section 31 - '.

CHAPTER I V 9 INVESTMENT OF PUNDS, ACCOUNTS AND AUDIT

' ? ' L . ' . t ,

Funds of the Financial Corporation Y

1, . - - . * ,-T. 34. 111vestment of funrls 35: Disposal of profits - 36. General meetings 37. Audit IS

- 38. Rjeturns

CHAPTER V it , MISCELLANEOUS

39. I>ower to give instructions to Financial Corporation on questions of policy

40. Declaration of fidelity and secrecy 41. Indenlnity of di r~cotrs 42. Offences 43. Provisions relating to income-tax and super-tax 44. Act XVl l l of 1891 to apply to the boolrs of the Pinancial

Corporation 45. Liquidatioil of Financial Corporation 4 0.-- Power to apply Act to certain financial institutions in exist- C_-

mce-adi conlinencem~nt of Act - 4 ' 7 . Power of State Government to make 49. Power of Board to ~nalre regulatioiis

An Acb to povide for the ostablighmellt of Stato Yinancjsl Corporations.

[ 3 1 s t Oc tober , 1951) 1 E it enacted by Parliament as follows:-

CETAPTER I

1. Short title, extent and commencement.-(1) This Act iiiay be callcd the Late Fillailcia1 Corporatioils Act, 1951. 1

C (2) I t extends to the whole of ~ndia-]~~<

(3) It shall come into force in 6n-y State on such d a t p a s the Central Govern ent may, by notification in the Official Gazette, appoint. .

2. Definitions.-In this Act, unless the context otherwise requires,-

(a ) "Board" means the Board of directors of the Financial Corporatiou ,

or distributlou of electricity or any otlier- form of power; --

/ ( d ) "prescribed" means prescribed by rules or regulations made 1il1cl9r / this Act;

I ( 6 ) "Beserve Baiili" means the Reserve Banli of India constitutcii

under the Reserve Bank of India Act, 1934 (I1 of 1934); I

( f ) "schedulecl bank" mealis a Lank for the time being inclucled in the Second Schedule to the Reserve Bank of India Act, 1834 ( I1 of 1934); /

(g) "underwriting" means contract, with or without conditions, to subscribe for stocks, shares, bonds or debentures of an industrial concen2 with a view to the resale of the whole or any park Lliereol.

CHAPTER I1

TGORpoRATION O F STATE ~ ~ N A N C I A L CORPORATIOKS, THEIR CAPITAL AND ANAGE AGE- MEN!@

3. ~ s t a b l i s h m e n t of State Financial Corporations.-(1) The State Goverii- lent may, by i~otification in the Official Gazette, establish a Financial Corpo- ition for the State under such name as may be specified ih the notification

(2) The ~ i i l akc ia l CoiJporatioii sba.11 be a bocly corporate by the rialiie 'noti- ecl under sub.-section (I) , having ewer, subject to the provisions hall by th:i ?;lid !2.an1e sue and be

. - 7 & L-s-Fiq +. ?: .:- 1.31 7, +-:a.7 rl, @-.. 7 2 &AF /9Sd, P C - z a - 3 fl- N6 3- '- % A,. % 5. a3 % n ~ [ - ~ & a /9rj-(-~&~.+a&+J -

. - - - -- < -- -- - < .

State Financial C o ~ p o ~ a t i o n s - 4, share capital an& shareholders.-(1) The authorised capital of

financial Corporatiou shall be such sum as luay b.3 fixed by the t a t e Gpver ment in this behalf, but it shall in no, case be less t h m fifty lakhs of rupees exceed five crores of rupees.

(2) The authorised capital shall be divided into such number of fully paid-\ shares as the State Government may determine and shall be issued to the parti me~tioned in sub-section (3) at such times and in such manner as that Gover ment may determine and each such share shall have the same face value.

(3) The State Government shall, with the approval of tha Central Gover I ment, determine the number of shares which may, respectively, be distribut,

among- ,

(a) tho atate Government,

( b ) the Beserve Bank, . .

( c ) scheduled banks, insurailce companies, investment trust3 4

operative banks or other financial institutions, and

(d) parties other than those raferred to in clauses (a), ( b ) and (o):

Provided that the number of shares which may be allocated to tl parties rsferred to in clause (d) shall in no case exceed twenty-five per oen of the total number of shares. --

(4) Subjeei to the other provisions oontained b!~ this section, $he sllocatic o f shares among tha parties- referred to in clauses ( G ) and (a) of sub-section ( and the allotment of such shares shhll be made by the Financial Corporation such manner as may be prescribed.

(5) If any shares allocated to any of the parties referred to in clauses (c) ar (d) of sub-section (3) ramain unsubscribed, they shall be subscribed for by tl 6tate Government, but the State Governmer~t may at any time therzifter di pose of the shares so subscribed for to any party who was eligible to subscril br i t in the first instancQ+ dm f/&,nXCL~( L ; ~ ~ J ~ , , , , J ?

*: . Restrictions on transfer of shares.-(1) The shares of the Financi ration shall not be transferable exc the State Government, tl re -Sank or any other financial insti recognised in tWs behalf k

the State Government, : - Provided that the shares subscribed for by the parties referred to in claui

(d) of sub-section (3) of section 4 shall be freely transferable.

(2) Nothing c~ntained in this section shall affect the provisions of sub-seotic (5) of section 4.

6. Shares to be guaranteed\ by the State Government and to be trust approved securit.ies.-(1) The shares of the Financial Corporation shall 1. guaranteed by the State Government as to the repayment of principal and t l pa;yment of al~nual dividend at such minimum rate as the State govern me^ ma\, with the ep1,roval of the Central Government, fix by notification publish6 in the Official Gazette at the time of issuing the shares.

(2) Notwithstanding anything contained in the Acts hereinafter mentione I in thie sub-section, the shares of the Corporation shall be deemed to be include,

among the securities enumerated in sectioli 20 of the Indian Trusts Act, 188 (11 of 1882) and also to be ttpprp7,ed securitias for the purposes of the Insu ran~ Acb, 1098 (IV of 1938) and $bp g ~ n k i n g Companies Act, 1949 (X of 1949).

&A, 5 n.,+ght 5s p45~+ aA, 3j/d.~, I

7. Additional capital ofl the Pinancia.1 Gorposation.-(1) The Financial Corpo- ration mas, in consultation with the Reserve Bank, issue and sell bonds and debentures carrying interest for tho purpose of increasing its working capital:

Provided that the total amount of bonds and debentures issued and outstanding and of the contingent liabilities of the Financial Corporation in the form of guarantees given by it or underwriting agreements entered into by it shall not at any t.irne exceed five times the amount of the paid-up share capital and ths refierve fund of the Financial Corporation.

(2) Bonds and debentures of the Financial Corporation shall be guaranteed I I

by the State Government as to the repayment of the principal and the payment I

of interest at such rate as the State Govern~nent may, on the recommendation I of the Poard and with the approval of the Central Governmen$, fix ot' the time the bonds and debentures are issued.

8. Deposits with the Financial Corporstion.-The Financial Corporation mav accept deposits from the public repayable after the expiry of a'period which shall 1

bo less than five years from the date of the making of the deposit, and on suoh other terms as it thinks fit:

Provided that the total ainoui~t of such deposits shall not at any time exceed the psid-up capital of the Financial Corporation.

9. Management ol Financial Corporations.-The general superintendence, '% direction and management of the affairs and business of the Financial Cor-

poration shall vest in a Board of directors which', with the rssistance of an Executive Committee and a managing director mag exercise all the powers and discharge a1 tlhe functions which inay be exercised or discharged by tho Financial Corporation.

10. Board of directors.-~hu Board of directom shall consist of the following, namely : - --PI

(a) three directors nopinated by the State Government; e

(b) one director nominated by the Central Board of the Beserve Bank; (G) bno director nominated by the Board of Directors of the Indusbrial

Finance Corporation of India established under the Industrial Finance Corporation Act, 1948 (XV of 1948);'

(d l three directors elected in the prescrib4 manner -&?i eeAwa by the parties referred to in clause (o) of sub-section (3) of section 4, one of whom shs\ll be elected to represent scheduled banks, another t,o ra- present co-operative banks and the third to represent the remaining financial instilutions;

(0) one director elected in the prescribed manner from among them. selves by the parties referred to in clause (d) of sub-section (3) of section 4 who are shareholders of the Financial Corporation;

( f ) one 'i~laiiaging director appointed by the State Govel nment, in consultatio~l with the Board except in the case of the first appointment:

Provided that on the first constitution of the Board the directors referred to in clauses ((1) and (8) shall he noi~liilated h v the Statc Governnient and tho directors s o uomirlated shall for the pu1,posc.s of this Act, be deemcd to b e elected directors : a

provided fur the^ that ~ l l directors of the Board first congtituted other t h m the managing director shall retire at the end of the first y ? ~ .

11. Term of owce and retirement of directors.-(1) A nominated directo? shall bolcl oEce during the pleasure of the authority noinillating him.

9Ru,5n.6 f b h n g l 9 . 5 ~ - . . +&LLI( &',/ &'a/& -5.5 7, &d,

State Financial C o ~ p o ~ a t i o p s [ACT LXIII

) A11 elected ,director other than,a director deemed to be elected under .the , roviso to section 10 shall hold office for four years:

Provided that two out of the four directors so elected shall retire at tha and , of two years after the first election znd the other two at the end of fou! yearb

after such election, the directors so to retire being determined by lot-.

(3) Xotwithstanding anything contained in sub-section (2) , an elected director +hall continue in office until his successor is elected and shall also be eligible for re-election for not more than two full coilsecutive terms after the rotatiorj of elected directors has begun.

12. Disqueliflcatjons for being a director.-No person shall be a director who- (a) except in the case of a menaging director, is a salaried official oi

the Financial Corporation; or ( b ) is or a t any time has been adjudge& insolvent or has suspen-ded pay-

ment of his debts or has compounded with his oreditors; or (G) is found to be a lunatic or becomes of unsound mind; or ( d ) is or has been convicted of any offence involving moral turpitude.

13. Re~ndval of director from office.-The State Government may rew-ove from oEce any dii-ector who-

(a) is, or has become, subject to any of the disqualifications mentioned in section 12; or

I

( b ) without excuse sufficient in the opinion of the S t a t e Government to exonerate it, is absent without leave of the Board from more than three consecutive nr~utings of the Board.

14. Resignation of office by director and filling up of casual vacancies.- (1) The managing director or any other director may resign his oflice by giving notioe thereof in writing to the State Government, and, on such resignatiol being accepted, shall be deemed to have vacated his office.

7 I

(Lf) A casual vacancy in the oflice of an ,eJected direct~r shall be filled by election and a director so elected shall hold office for -the unexpired portion of the term of his predecessor.

(3) No act or proceeding of the Board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of

% - .. the Board. --

15. Chairman of the Board.-(1) The Chairman of the Board shall be one of the directors, not. being the managing director, nominated by the State Govern meat, after considering, except in the case of the nomination of the first Chair man, the recommendation of the Board :

Provided that the nomination of the Chairman for any period other than the first period shall be made only after the vacancies in tihe office of directors occurring by efflux of time in that period have been filled by nomination or -?lection as the case may be.

(2) The Chai~man shall hold office for two years or until his successor is oominated :

Provided that a C:ha.ii*man shall so long as he re~nains a director be eligiblt for re-nomination as Chair~r~an.

16 Remuneration of directors.-'The directors other than the managing ' director and not being servants of the State Government shall be paid such feee for attending meetings of the Board and, if they are members thereof, of the ,

" Executive Committee, as may be prescribed.

4-29 EL..

O F 19511 a '4

17. Yanaging director shall- (a) -bc a whole-time, oficer of the Financial Corporation; (b) perform such duties as the Board may, by regulations, entrust 01

a delegate to him; (c) hold office ?or four years and be eligible for reappointment; (d ) receive such' salai-y and allowailces as. the Board, with the~previous

approval of the State Government, may determine : - -

Provided that the first managing director shall hold office for such term and ahall receive sugh salary knd allowancas as the State Government mag fix. /

18. Executive Committee.-(1) The Executive Coinmittee shall consist of the 11:ana~ing director who shall be the Chairman of the Committee, and other directors, chosen as follows :- .

(a) tmo directors elected by the nominated. directors, one from amonp %he directors nominated by the State Government, and one from among the directors nominated by the Reserve Rank and the Industrial Finance Corporation of India esta.blished under the Industrial Finance Corporation A@< 19443 (XY 01 1948) ; - -A

d - (bf one director elected- by the elected directors.

(2) A dlrector elected to be a member of the Executive Committee shell hold office as such for the rest of his term of office as director.

19. Iaeetings of the Board and Committee.-(lj The Board and the Execu t i~e Coini~littee shall meet a t such times and places and shall obuervc such rules of procedure in regard to transaction of business a t its meetings se may Le provided by regulations niada under this Act.

(2) All questio~ls a t a meeting shall be decided by a majority of votes of the meiubera present, and, in the case of equality of votes, the Chairman or in his absence, any other person presiding, shall have a second or casting vote.

J3) No director shall vote on any matter ig which he is inbarested. (dj If for any reason the Chairman is unable to be present a t a meeting-

(a) of the Boxrd, a director other than the managing director, auihmised ; by tlie C?hairrnan in writing in this behalf, shall preside a t that meeting or . .

(11) of the Flxecutive Committee, a mcmber authorised in writing by the managing director shall preside a t that meeting.

20. ~ 8 w e r s of Executive Committee,-(I) Subject to such general or special directions as tbs Board mh-j from time to time give, the Executive Committet may deal with any matter within the competence of the Board.

(2) The minutes of every meeting of the Executive Committee shall be laid before the Board a t the next following meeting of the Board.

21. Advisory Committee.--The Financial Corporation may appoint one or mora advisory committee or coinmittees for the purpose of assisting the Fi~~ancial Corporailon ia the efficient discharge of its functions and, in particular, for the purpose oi securing that those functions arr: exercised with due regard to the circunistances and conditions prevailing in, and the requirements of, particular area; or industries.

22, Offices a,nd agencies.-The Financial Corporation shall establish its head office at such place in Ihe State as the Skate Qo~~ernrncnt rnny specify and may, ~v i th the previous sbnctioll of the State G o v e r ~ e n t , establish offices or

6 f i tnte Pinuncial Corporut~ofis- [ACT mtlt

23. Officers and other employees of the ~ o r ~ o r a t i o n . - ~ h e Financial Corporation may appoinii such officers, advisers and employees as i t considers necessarg for the efficient performance of its fullctions, and deternine, by regulations, their conditions of appointment and service and the remuneration payable-to them.

CHAPTER 111 POWERS AND 'DUTIES OF THE BOARD

24. General duty of the Board.-The Board in discharging its ~ U U C ~ ~ O I I S

under this Act shall act on business principles, due regard being had by it to the interests of industry, commerce and the general public.

25. Business which Financial Corporations may transact.-(.I) The Financial Corporatioil may, subject to the provisions of this Act, carry on and transact any- of the following kinds of business, namely : -

(a) the guarmteeing on such tarms and conditions as may be agreed ~13011 of loans raised by industrial concerns which are repayable within a period not exceeding twenty years and are floated in tha public market;

(b) the underwriting of the issue of stocks. $hares, bonds, or debentures by industrial cocccrns;

(c) the receipt in consideration of the services mentioned in clauses (o! and (b) of such cammission as may be agreed upon;

(a) the retention as part of its assets bf any stocks, shares, bonds, or dabenturcs which it may have to take up in fulfilment of its underwriting liabilities: proiided that i t disposes of the stoclrs, shares, bonds om d&cntures so acquired as early as practicable and in any case within s period oi scven years Iron1 the da,te of such acquisition;

(e ) the granting of loans or advances to, or the subscribing to debentures of, industrial concerns, repayable within a period not exceedinq twenty years from the date on which they are granted or subscribed to, as the case may be; &$J$ -

(0 generally, the doing of all such acts and things as may be incident$

duties under this Act. J to or consequential upon the exercise of its powers or the discharge of it^ -+

(2) No accomrilodation shall be given under clausss (a) and (e) of sub-section (I), unless it is sufficiently secured by a pledge, mortgage, hypothecation or assignment of Government or other secul,ities, stocks, shares or securad debentures, bullion, movable or immovable property or other tangible assets in the maai?er prescl-ibed by regulation&-

0 28. Limit of acc~~mocl~tio:atioa,-The Financial Corporation shall not enter rr

into any arrkngement under clauses (a) and (e) of sub-section (1) of section 25 !:I

a ~ ing l e industrial concern for an amount equivalent in the aggregate to more than ten per cent. of the paid-up share capital of the Corporation, but in no case exceeding tell lakhs of rupees.

27. Power to impose condiitions for accommodation.-(1) I n entering into any arrangement ulider section 25 with an industrial concern, the Financial i : o ~ j > 2 ~ i i o n may impose such conditions as i t inay thinlr necessary or expedient for protectillg illterests of the Financial Corpol.ation and securing that the

, wcomn~odatioll gl.allted by it is put to the best use by the industrial concern.

b y t r (9 Vliere one of the conditions imposed rnlde,r sub-sectioii (1) is \hat a &, director &hall be appointed by the Financial Corporation on the board of directors 19sL of the iadusti-id conceri~ to protect the interests of the Financial Coqoration, hch condition shall be a valid condition notwithstanding anything contained in

6h32 , ' ' I ni 3 'TTTT -t I C,U, I - U ~ Y A , or in any other law for the t.ime

being- ins t rumkt * r e l a t Y t o the industrial concern.

I

ib5 l ] State 3inanct'aZ ~ o r ~ o m i i o n s I

7

28. P ~ h i b i t e d business.-The ~inancia l Corporation sh'all not- [

(a) accopt deposits, except as provided by this Act; I

(6) subscribe directly to the shares or stock of any company: Provided that nothing in clause (6) shall affect the right of the Finailcid i ~poration to acquire any shares, bonds or debentures of a company fulfilment of any underwriting agreement entered into by the Financial

I !

$poration ; I

(o) grant m y loan or advance on the security of its own shaws.

29. Rights of Financial Corporation in case af default.-(1) Where any ustrial concern, which is under a liability to the Financial Corporation under agreement, makes any default in re-payment of any loan or advance or >my ,alment thereof or otherwise fails to comply with the terms of its agreament 1

h the Financial Corpor&tion, the Financial Corporation shall have the right taka over the management of the industrial concern, as wall as the

and realise the property pledged, mortgaged, hypothecated or Financial Go~oration. 9 [~$AL'' $ &cc(4w $ dy o/ &b o h be

by the FInanEial-~or~oration, in exercise under sub-section ( I ) , shall vest in the

lsPeree all rights in or to the property transferred had been * *

je by the owner of the property. 9 LC* 2 f/, hiU I.3) The Financial Corporation shdl have tha same rights and pokers with pe!:t to )?;oods ~nanufactured or produced wholly or partly from goods forming t of the security held by it as it had with respect to the original goods.

' (5j Where. the Financial Corporation take8 over the management of ah st rial colloeril under the provisions of sub-section (I), tha Financial Corpo- on shall be deemed to be the owner of such concern, for the purposes of suits or against the concern, and sliall sue and be sued in the name of the owner ;he concern.

30. Polwer to call for repayment before agreed' period.-Notwithstanding any. lg in any agreement to the contrary, tha Financial Corporation may, bg ice in writing, require m y industrial concern to which it has granted an3 I or advance to discharge forthwith in full its liabilities to the Financial boration,-

(0) if i t appears to the Board that false or misleading information in any materid particular was given by tha industrial concern in its application for the loan or advance; or

(6) if the industriel concern has failsd to comply with the terms of its contract with the Financial Corporation in the matter of the loan or adrance ; or

(c) if there is a reasonable apprehension that the industrial colicern is unable to,pay its debts or that proceedings for liquidation may be commenced in respect the5eof; or

Skate Pina,r~ciul C o ~ p o ~ a l i ~ n s LACY LXIII -%

(d) if the property pledgad, mortgaged, hypothecated or assigned to the Financial Corporation as security ior the loan or advance is not insured and kept Insured by the industrihl concern to the satisfaction of the Financial Corporatioil or depreciates in value to such an extent that, in tha opinion of th3 Board, further security to the satisfactioll of the Board should be given and such security is not given; or

(a) if, without the permission of tlle Board, any machinery, plant or other equipnlent, whether forming part oi the security or otherwise, ia removed from Ihe premises of the illdustrial concarn without being replaced; or

(0 if for any reason it is necessary to protect the interests of the Financial Corporation.

3:. Special provisions for enforcement of claims by Pinmcial Corporation.-- ( 1 ) Where an industrial concern, in breach of any agreement, makes any default in- repayment of any loan or adirance or any instalment thereof or otherwise fails to com.ply with the terms of its clgraement with the Financial Corporation w where the Financial Colmoration ieauires an industrial concern to make im- - L

mediate repayment of any loan or advance under section 30 and the industrial concern fails to make such rapclyment,finY officer of €Ke _trllnancial corporation,

. generally or specially autholised by the Board in this behalf, may apply to the' distrjct judge within jhe.,limits of whose juri~dictiorl the industrial concern carries on the whole o r% substantial part of its business for one or nlore of the following reliefs, namely : -

(a) for an order for the sale ol the property pledged, mortgaged, hypotheczted or assigned to the as security for the loan or adv~nce; or 2 fp.&&ht .Cry

(b) for transferring %he management of the industrial concern' to the Financial Corporation ; or

L (c) for an ad i n t e r i m injur~ction restraining the industrial concern from transferring or removing its rnachiilery or plant or equipment from the premises of the industrial concern without the permission of the Board, where such removal is apprehendetl,

(2) A11 application under sub-sectioll ( I ) shall state the nature ancl extent 3f tho liability of the industrial concern to the Financial Corporation, the qround on which it is made and-such other particula;.~ as may be prescribed.

'

32. Procedurk of district fudge in respect of aapplicatioils under section $1.-(1) When the application is for the reliefs mentioned in clauses (a) and (c) of sub-section (1) of section 31, tche district judge shall pass an ad i n t e r i m ~i-der attaching the security, or so much of the property of the industrial, concern as would on being sold realise in his estimate an amount equivalent in val!ie to the outstanding liability of the industrial concenl to the Pillancia1 Corporation, together with the costs of the proceedings taken under section 31, with or without an ad i n t e r i m injunction restraining the industrial concern from transferring or removing its machinery, plant or equipment.

(2) When the application is for the relief mectioned In clause (b) of sub- section (1) of section 31, the district judge shall grant an ad i n t e r i m injunction lestraining the industrial concern from transferring or removing its machinery,

- plant or equipment and issue a notice calling upon the industrial concern to shrw cause, on a date to be specified in the notice, why tho management of che industrial concern should not be tran3erred to the Financial corporation.

19511 Siate Financial C o ~ p o ~ n t i o n s - 433

Q (3) Before passing any order under sub-section ( I ) or sub-section (a), the

strict judge may, if he thinks fit, examine the officer making the app1io~- on. -

(4 ) At the same time as he_ passes an order under sub-section ( I ) , the strict judge shall issue to the industrial concern a notice acoompanied by )pies of the order, ,the application and the evidence, if any, recorded by him ~lling upon it to'show cause on a date to be specified in the notice why the 1 i n t e r i m order of attachment should not be made absolute or the injunction rnfirmed.

(5) If no cawe is sho~v i~ on or before the date specified in the notice under tb-sections (2 ) and (4 ) , the district judge shall forthwith ma.ke the ad te?.inz order absoiute and direct the sale of the attaohed property or transfer le management of the industrial conceril to 6he Finanoial Corporation or ~nfirm the injunction.

(6) I f cause is shown, the district judge shall proceed to investigate the tim of the Financial Corporation in accordance with the provisions contained

the Code of Civil Procedure, 1908 (Act V of 1900), in so fala as such provi- ons may be appJied thereto.

(7) After making an investigation under sub-sectioi~ (6). the diotrict jud4,e ay-

(a) confirm the order of attachment ancl clirect the sale of the etlached property;

( b ) vary the order of attachment so as to release a porkion of the property from attachment and direct the sale of the remainder of the attached property;

(c) release the property from attachment; I

(d) confirm or dissolve the injunction; or

( e ) transfer the management of the industrial concern to the Finan- cial Corporation or reject the claim made in this behalf.

Provided that when making an order under clause (o), the district judge sv make such further orders as he thinks necessary to protect the interests the Financial Corporation and may apportion the costs of the proceedinp such manner as he thinlrs fit,: Provided further that unless the Financial Corporation intimates to the

strict judge that it will not appeal against any order releasing any propert? 3m attachment, such order shall not be given effect to, until the expiry of e period fixed under eub-section (9) within which an appeal may be prefw d or, if an appeal is preferred, unless the High Court otherwise directs ltil the appeal is disposed of.

(8) An order of wttacllment, or sale of property under this sec t ik shall 1,e rried illto effect as far as practicable in the manner provided in the Code Civil Procedure, 1908 (Act V of 1908) for the attachment or sale of pro-

rty in execution of a decree as if the Financial Corporation were the decree- Id 61. ..

(9) Any party aggrieved by an order under ' sub-section (5) or sub-section ) may, within thirtv days from the date of the order, appeal to the Higb lurt, and upon such appeal the High Court may, aftel. hearing the parties, ss such orders thereon as it thinlrs proper. (10) Where proceedings for liquidation in respect of an inclustrial ooncern

ve commenced before an app!ication is made under sub-section (I) of section , nothing in this section shall be construed as giving to the Financial Corporq- 11 any preference over the other creditors oE the industrial concern not nferred on it by any other law.

a tons S t a t e Pinancial C , O I . ~ O T C ~ '

(11) Tht: functions of a district judge under this section shdl , in a president town. be exercised by the principal judge of the City civil court, if any, havir jurisdiction or by the High Court.

w- - CHAPTER I V

33. Funds &f the Pinancial Corporation.-(I) Every Pinencial Corporatic ?hall have its ow-n fund, and all receipts of the Financial Corporation shall 1 cmried thereto and all payments by the Corporation shall be made therefrom

(2) All moneys belonging to the found shall be_ deposited in the Resen Bank or with any agency of the Reserve Bank other than a Government tre:

- gi~ry et- 111 c j l

34. Investment of funds.--The Financial Corporation may invest ilti fu: , in the securities of the Central Government or of any State Government. ..,

35. Disposal of pr0fltS.-(1) The Financial Corporation shall establish reserve fund.

(2) After making provision for bad and doubtful debts, depreciation of asse hnd all other matters which are usually provided for by banking compaaie the Financial Corporation may out of its net aunual profits declare a divideno

Provided that for so long as the reserve fund is less than the paid-up shai capital of the Financial Corporation and until there has been repaid to tl State Government such sum, if any, as that Government may have pai unde~ guamntee given in pursuance of section 6, or under any guarantee g i v ~

I in pursuance of snb-section (2) of section 7, the rate of such dividend sha uot exceed the rate guaranteed by the State Government under section 6.

(3) Notwithstanding anything contained in this section, no dividend pal urider this section shall under any oircumstances exceed the ra.te of f~ve p oenb. per annum and if, in respect of any financial year after the reserve f u ~ becomes equal to the share capital of the Financial Corporation, there is surplus in the net profits after declaring a dividend at the rate specified in th sub-section, such surplus shall be paid to the State Government.

36. General meetings.-(1) A general meeting (hereinafter ~eferred to as th annual general mee t ingya l l be held annuallv at a place in the State whel there iq an o&ee of the inancial Corporation within- from the dat on which the anliutil accounts of the Financial Corporation are closed, and genernl meeting may be convened by the B o a d at any other time.

(2) The shareholders present at the annual general meeting shall be entitle to discuss the annual accounts, the reporti of the Board on the working of th Financial Corporation throughout the year and the auditor's report on th

-7 annual balance-sheet and accounts.

37. Audit.-(1) The affairs of the Financial Corporation shall be audite; by not less than two auditors duly ~ualified to act as auditors of cornpanid :~nder sub-section (1) o f f : n ^ . 10:

p&E%%, one of whom shall be apoointed by the State Gojernment in ' c o n s u E 1 with the Comptroller and Auditor-General of India and elected in thc prescribed manner by the parties mentioned in clauses (o) and (d) of sub-sectiot 17) of section 4, and auoh remuneration as the State Government mag fix shal be paid to the auditors by the Pinansial Corporation.

___Id

I

OF 19511 &ate Financial Corp~ations 11

(2) Every auditor shall be supplled w ~ t h a copy of the annual balance-sheet of tile Financial Corporati?n, and it shall be his duty to examine it, togclher with-the accounts and vouphers relating thereto, and every duditor shall have a list delivered to him of all books kept by the Financial Corporation and shall a t ail times have access to the books. accounts and otbe: documents of the Financial Corporation and may in relation to such accounts examine any director or officer of, the Financial Corporatjon.

(3) The auditors shall make a repart to the shareholders upon the annual halance-sheet and accounts, and in every such report they shall state whether in their opinion the balance-sheet is a full and fair halalice-sheet coi~taining all necessary particulars and properly drawn up so as to exhibit a true and correct view of the state of affairs of the Pinancial Corporation, and in case they had called for any explanation or information from the Board, whether it h a been given and whether it is satisfactory.

(4) The State Government may, in consultation with the Comptroller and Auditor-General of India, at any time issue directions to the auqitors requiring them to report to it upon the adequac;y of measures &ken by the Financia! Corporation for the protection of its shareholders and creditors or upon th s suficiency of their procedure in auditing the affairs of the Financial, Corporation and may enlarge or extend the scope of the audit or direct that

different procedure in audit be adopted, or direct that any other examinatinn be ?;lade by the auditors, if in its opinion public interest so requires.

(5) The Financial Corporation shall send a copy of evcry report of the auditore to the Comptroller and Auditor-General of India a t least one month before i t is placed before the shareholders.

(6) Notwithstanding anything contained'in the preceding sub-sections, the Coniptro1le:- and Auditor-General of Indla may, either 6f his own motion or on a request received in this behalf from a State Government, undertake such audit and a t such times as he may consider necessary:

Provided that where the State Government is required to make any payment on account of the guarantee given by i t under section 6 or sub-section (2) of, section 7 , as the case may be, such audit shall be undertaken by the Com- ptroller and Auditor-General of India.

(7) Every audit report under sub-section (6) shall be forwarded to the State fover:m~ent and the Government shall cause the same to be laid before the Legislaturg of the State. __

38. Returns.-(I) The Financial Corporation shall furnish a statement, la he prescribed fnrm, of its assets and linhilitics as a t the close of business on ,he last Friday of each rnonth or, if that day is a public- holiday under the Jegotiable Instruments Act, 1381 (XXVI of 1881), as-at the close of business .n the preceding working day to the State Government and to the Reserve lank within ten days from the datc to which the statemant relates.

(2) The Financial Corporation shall furnish in the prescribed form, to the taxe Go-~rriiment and to the Reserve Bank once every three months or, as equently as the State Government or the Reserve Banlr may require, 8

Jatement showing the classification of its loans and investments and of 811 mns guar~ntced by it and underwriting agreements entered into by it&+m~

( 3 ) The Firit~~lcial Corporation shall furnish to the State Government and to le Reserve Bank within -,of the close of each financial $ear a- jntcme:lb in the prescribed forin of its assets and (liabilities as a t the close: of at year, together with a profit and loss account for the year, the auditors' re;wt ~d a repor-t of the working of the Pinancial Corporatiou during the year and copie8

the said statement, account and reports shall be published in the @%cia] tzett-, and shal also be laid before the Legislature of the Sta,te.

. 5 f.5.lf pd Sb 46 /9d, 1 b&,> 5 h.221-A.d , 7? -

State $inancia1 Corpor&ions

CklAPTER V

39. Power to give instructions t o Financial Corporation on questions of policy.-(1) In ' the discharge of its functions, the Board shall be guided by such instructioils on questions of policy as may be given to it by the State (iovernmenty-CG cbwl*fi&,r LJ& j~ ~LSLL A e h - 9

(2) If any dispute arises between the State Government and the Board as to whether 'a question is or is not a question of policx, the decision of the State Goverliment shall be final.

(3) If the Board fails to carry out the instructions on the question laid down by the State Gove rnmcnr the State Government shall h powey to slipersede the Board and appoint a new Board 11: its place to fun tion until a properly constituted Board is set up, and the decision of the State Government as to the grounds for superseding the Board shall not be questioned

, ~n sny court. -

40, Declaratim of fidelity secrecy.-Evcrg director, auditor, officer or * other employee of the Financial Corporation shall, before entering- upon his

duties, make a declaration of fidelity and sxrecy in the form set out in the @chedule.

4S. Indemnity of directors.--(1) Rvery director shall be indemnified by the Financial Corporation against all losses and expenses incurred by him in the discharge of his duties except such as are cansed Icy his own wilful act or default.

(2) A director shall not be responsible for any other director or for any . officer or other employee of the Financial Corporation or for any loss or expenses resulting to the Finslncial Corporation by the iasufficiency or daficiency of value of or title to any property or security acquired or talten on behalf of the Financial Corporation oi- by the wrongful act of any person under obligation to the Finan- I

oial Corporabion or Icy anything done in good faith in the execution of the duties of his office or in relation thereto.

I

42. Offences.-(1) Whoever, in any bill of lading, warehouse receipt or , other document given to the Financial Cbrporation, whereby security is given , -)r is ~ u r p o ~ t c d to be given to thc Financial Corpo~.atioi; for any accommodation I ?ranted by i t under tllis Act, wilfully maltes any false statement or lrnowingly permits any false statement t~ be made s h d l be punishable with imprisonment >I for a term which may extend to two years, or ~ ~ 4 t h fine which may extend to two thoasand rupees, or with both.

( 2 ) Whoever, without the coi~sent in writing of the Financial Corporatiol~. , uses the name of the Financial Corporation in any prospectus or advertisement shall be punishab!e with imprisonment which may extend to six months. i , with fine which may extend to one thousand rupees, or wit-h both. 1

(3) No court shall- take cognizance of a.ny offence punishable under this hct ohherwise than on a complaint in writing signed by a,n ol%cer of the Finan cia1 Corporation authorised by the Board in this behalf.

... 43. Provisions relatmg to income-t%x and super-tax..-For tlze puposes of

!.he Jndixn Income-tax Act, 1922 (XI of 1922); the Financial Corporation shall br deemed to be a cosnpanv.mrithin the meanin? of that Act and shall be liable to income-tax and ~uper - tax accordingly on its income, profits and ga,ins:

LA, I d.23 $&a 64p d ~.

I '

OF 1951) Skbte f~~znanczal O o ~ p o saatzons 437 13

~rov ided that ally sum paid by the State Government under the guarantee give11 ia pursuance of section 6 or under any guarantee given in pursvallce of sub-section (2 ) of section 7 shall not be treated as the illcome, profits auti ggns of the Financial Corporation and ally interest on debentures or bollds paid by the Pinancial Corporation out of such slim shall not bs treated a6 expenditure incurred by it : I

Provided further that in the case of any shareholder such portion of s clividend 8s llas been paid out of any such suill advanced by the State Govern-

\ ment shall be deemed to be dq-income from "interest on securities" declared o be income-tax free within the meaniEg of section 8 of that Act. -CR;(&

44. Act XVIII of 1891 to apply to the books of the Financial Corporation.- I I

The Financial Corporation shall be deemed to be a bank for the purposes of ,he Vsnkers Books Evidence Act, 1891 (XVIII of 1f391).

I - 85. Liquidation of Pinancial Corporation.-No provision of law relating LC - I

;he whling-up of companies or corporations shall apply to the Financial :orporation, and the Financial Corporati011 shall not be placed in liquidation, .

i I

ave by order of the State Government and in such manner as it may direct.

46. Power to apply Act to certain financial inst?tutions in existence at com- nencemen: of Act.-(1) The Centsal Government may, by notification in the * )fficial Gazctto, direct tha t all or any 01 lhe pio- isi inns of this Act shall, subject D tmch exceptions and restrictions as may be specified, apply to any instittution I existence a t the comrnencemenl of this Act'which has for its object the nancing of indulitrial concerns, and on thc issue of such notification, thc lstitution shall lje deemed to be n Finnu~;a l Corporation established by the ltate Government for the State within the meaning of this Act, and the provi- ions of this Act shall become ,applicable thereto according to the tenor of the 1

otification.

(2) Any notification issued under sub-section (1) mhy suspe~ld the operation f any enactment applicable to any such institutiori iinrnediately before the :sue of the notification. _c__I I - , , , .-

7. Power of State Government to make rules.--The State Government 4 make rules not incousistenl with the provisious of this Act to give eBect the provisi~ns of this Act and in particular, such rules may provide for the I

l i t a t i o ~ on t\he voting rights of a shareholder and the manner in vrhirh such )ting rights may be exercised and where there is ally inconsistency between the ~ l e s and the regulations made uncler this Act, the rules shall prevail.

48. Power of Board to make regulations.-(1) The Board may, after )nsultation with -the Reserve Rank and with the previous sanction of the ;ate Go-rernment, make regulations not inconsistent with this Act and the ies made thereunder to provide for all matters for which provision is necessary expedient for the purpose of giving effect to the provisions of this Act.

c @ 3 (2) I n particulai, and without prejudice to the generality of the loregoing

wer, Guch regulations may provide for- (a) the holding and coilduct of elections under this Act, including

the final decision on doubts or disputes regardiilg the validity of elections;

( b ) the manner in which, and the collditions subject to which, the firs1 allotment of the shares of the Fillancia1 Ccrpor:~tion shall be made; -

( c ) tho manner in which, and the conditions subject to which, the shsres of the Financial Corporation may be held and transferred and - generally all matters relating to the rights and duties of shareholders;

( d ) the manner in which general meetings shall be ,convened, the procedure to be followed thereat and the manner in which voting rights mag be exercised ;

( e ) the calling of meetings of the Board and of the Executive Com- mittee, fees for attending meetings thexeof and the conduct of blisines~ thereat ;

(f) the msnner and terms of issue and repayment of bonds and debentures by the Financial Corporation;

(g) the conditions which the B'inancial Corporation may impose in grant. ing loans or advances;

(h) the mnnwar of determining the sufficiency of the mcurity taken under sub-section (2) of section 25;

(i) the forms of returns and stahements required under this Act; (j) the duties and conduct of officers, other employees, advisers and

9gent.s of the Financial Corporation; ( k ) the establishmant and maintenance of provident or other benefit

funds for employees of the Financial Corporation; (1) the taking over of the mcmagement of any industrial concern on o

\)reach of its agreement with the Financial Corporation; (m) the appoiiitlne~lt of advisor committees for technical and other

i~dvice for the purposes of this ~ c i f k \

(n) generh!ly, the efficient cohduct of thz affairs of the Financial Cor. poration.

(;7) All regulations made under this section shall be published in the Official Ouzc!tte and shall come into force on such publication.

T H E SCHEDULE

( S e e section 40)

I~ECLARATION OF FIDELITY AND SECRECY /

I ,.....,......... . . ..............., do hereby declare thak I will faithfully, truly and to the best of my skill and ability execute and perform the duties required

of mq: as a director, officer, employee or auditor (as the case may be) af the Financial Corporation and which properly relate to any office or position in the said Financial Corporation held by me.

I fu~ thc r declare that I will not commuiiicate or allow to be comniuilicatecl to any person not legally entitled thereto any information relating to the affairs of the Financial C!orporation, ilpr will 1 allow any such person to inspect ar have access to any books or documents belonging to or in the pos8'ession of the Finnn. cia1 (:c>rporation and relating to the business of the Financial Corporatioli.

Signed before ine:

THE EVACUEE INTEREST (SEPARATION) ACT, 195 1 439 1

. . No. LXIV OF 1951 . -1

ARRANGE?~IENT OF SECTIONS

SECTION s I

1. Short title and extent 2. Definitions 3. Act to over-ride other 'laws

CI-IAPTER I1

4. Power to appoint competent officers

5. Jurisdiction of competent officers 1 6. Notice to submit claims

.7. S.ubmissioil of claims 8. Decision by competent officer . . .

- 9. Certain reliefs in respect of mortgaged property of evacuees : 10. , .Separa.tion .of the interests of evacuees. from ' thoso of

claimants in coinposite property . ,

11. , Vestiug of evacuee -luterest in . t he .Custodian free from encumbrances arid payments, etc . , to be vdid discharge from. adl. claims . .

12. Rights of cl.aimant,s in;tsr ss and .by, other persons against claimants not. to be affected ,

CHAPTER 111 AI'PEAL, XEVISION AKD POWE~S A N D PROCEDURE O F COMPETENT . ,

OFFICERS AND APPELLATE OFFICERS -13. Po\ver. to appoint . . appellate officers 14'. Appeals 15. Power of revision of the a.ppellat,e officer

.. 16. Amendment of orders . .

17; . Powers aild procedure of competent ~ g e f i ~ e r ~ and appellate . officers

1 . Finality of orders Price; a;nnas 2 or 34,

'0 M of Lav . .

* ii &vacues Intel-est (Separat ion) [ACT LXIV OF 19511

CHAPTER I V a

. SECTIONS MISCELLANEOUS

10. Power to transfer cases

20. Jurisdiction of civil courts barred in certain matters 21. Competent officer and appellalt: officer to be a public servant 22. Protection of action talren in good faith 23. Power to malre rules

>. 4' . - . B 4 4 1 I

Evacuee ln te~es t (Separation) I

,

Ln Act to make special prodieions for the separation of the interest0 of evacuees from those of other persona in proyer-

. ty in which suoh other persons are also intereated and for matters conneoted therewith.

, [31st October, 19511

WHEREAS it is expedient to make special provisions for the sepsra- Lion of the interests of evacuees from those of other persons in property n which such other persons are also interested and for matters connected therewith;

AND WHEREAS some of Che aforesaid provisions may relate to c~ r t a in matters fin the State List and Parliament is empowered, in pursuance of a Resoiution passed under article 249 of the Constitution, to make 3uch laws; .

3E it therefore enacted by Parliament as follows :-

CHAPTER I

YKEI~MINARY

1. Short title and extent.-(1) This Act may be called the, Evacuee Interest (6ep:aration) Act, 1951.

(2) It extends to the whole of India except the States of Assam, West Beng:,l, I'ripura, M:inipur and Jammu and Xashmir.

2. Definitions.--In this Act, unless the context otherwise requires,.--. I

(a) "appellate oficer" means an oficer appointed as such hy' the State Government under section 13;

(b) "claim" means the assertion by any person, not being an evacuee, of any right, title or interest in any property-

(i) asla co-sharer nr partner of an evacuee in the property; or

(ii) as a mortgagee of the interest of an evacuee in t l iu property ; or

(iii) as a mortgagor having mortgaged the property or any interest therein in favour of an evacuee;

and includes any otber interest which such person may have jointly with an evacuee and which is notified in this behalf by the Contrnl Government in the Official Gazette;

- W & ~8 q? Q(?WAC*/~Y-/~J-~. I 1. &a & & N 7/9r3.

(c) "competent officer" means an oficer appointed as such b j the State Government under section 4;

(d) "composite property" means any property which, or o n j property in which an interest, has been declared to be evacuee property or has vested in the Gustodian under the Administration of Evacuee Property'Actj 1950 (XXXI of 1950) and-

(i) in which the interest of the evacuee consists of an undivided share in the property held by him as a co-sharer or partmr of any other person, not being an evacuee; or

(ii) in which the interest of the evacuee is subject to mortgage in any form in favour of a person, not being an evacuee; or

(iiz) in which the interest of a person, not being an evacuee, is subject to mortgage in any form in' favour of an evacuce; or

(iv) m which an evacuee has such other interest jointly with any other person, not being an evacuee, as ma.y be notified an this behalf by ihe Central Government, in the Official Gazette;

(s) "evacuee interest", in relation to a composite property, means the right, title and interest of an evauuee in that. property;

(f) "mortgage debt" ineans any liability in respect of zl. property due under any form of mortgage (including any usufructuary mortgage or mortghge by conditional sale) whether such liability is payaljls presently or in future, or under any decree or order of a court or otherwise, or \bhether' ascertained or not, which-

(i) in any case where it is incurred by an evacuee, is secured by the mortgage of the interest of the evacuee in the property in favour of a person, not being an evacuee;

(ii) in any case where i t is incurred by a person no$ being an evacuee, is secured by the mortgage of the interest of such pernon in the property in favour of an evacuee;

but does not include any such liability of an evacuee arising out of auy transaction entered'into after the 14th day of August, 1947 unless such transaction has been confirmed by the Custodian under the Administration of Evacuee Property Act, 1950 (XXXI of 1950);

(9,) "prescribed" means prescribed by rules made under this Act.;

(h) ','principal money", in relation to a mortgage deed executed by an evacuee. means-

(i) in the - case of a mortgage deed which has not beer1 executed by way of renewal of a prior mortgage deed, the sum of money advanced by way of loan ~t the time of the execution of the mortgage deed;

(ii) in the case of a mortgage deed which has beeu executed a t any time before the 1st 'day of January, 1940, by way of renewal of a prior mortgage deed, the consideration for which the renewed mortgage deed was executed;

(iii) in the case of a mortgage deed which has been executed i a t any time after the 1st day of January, 1940, by way of :

!

oa 195l] . Evacuae Ilzterest (separation) 3

renewal of a prior mortgage deed executed before that date, the sum of money which became due on the 1st day of January, 1940, on account of th t money advanced on the prior mortgage deed and interest thereon up to the said date;

(iv) in the case of a mortgage deed which was executed at any time after the 1st day of January, 1940, by way of renewal of a prior moitgnge deed which was also executed after that. date, the sum of money advanced by way of loan at the time of the execution of the prior mortgage deed;

Explanation.-For the purpose of calculating the principal money in relation to any mortgage deed which has been executed by way of renewal of a prior mortgage deed, any sum of money advanced at the time of such yenewal in addition to the sun1 of money which was due on the prior moitgage deed shall also be taken int.9 account. (i) all words and expressions used, but not defined in this Act

and defined in the Administration of Eyacuee Property Act, 1950 (XXXI of 1950), shall have the meanings assigned to them in that Act.

3. Act to over-ride other laws.-sake as otherwise expressly prmided in this Act, the provisions of this Act and of the rules and orders made there;

, under shall have effect notwithstanding anything inconsistent therewith ~ontained in any other law for the time being in force or in any instrument having effect by virtue of any such law.

CHAPTER I1

- 4. Power to appoint competent olficers.-(1) The State Government may, with the approval of the Central Government, by notification in the ' OEcial Gazette, appoint as many competent officers as may be necessary for the purpose of performing the functions assigned to them by or under this Act, and a competent officer may perform his functions in such local area or areas as may be specified in the notification.

(2) No person shall be qualified to be appointed as a competent officer under this Act unless he has held a judicial. office for at least five years, or has been an advocate or a. pleader for a t least seveil. years.

5. Jurisdiction of competent officeas.-A competent officer shall have jurisdiction to decicle any claim relating to any composite property situate within the limits of the local area of his jurisdiction and,% such cases or

-classes of cases as may, by general or special order, be transferred to him under section 19 by hhe Central Government or the appellate officer.

6. ~ G i c e to submit claims.-(I) For the purpose of determining or separating the evacuee .interest in a composite property, any competent officer having jurisdiction over such property may, either on informat.ion received in this behalf, from the Custodiall or 011 an application from a claimant, issue, in such form and manner as may be prescribed,-

(a) a general notice requiring all persons who claim interest !a such property, and

(b) also a notice on every person who, ill the opinion of tho competent officer, may have a claim in such property, '

to submit claims if any, in respect of that property.

444 * .

4 9 -.. Bvacuee ~nteres t (~epa~.ation) * lACT LxlY--~~@,

(2) An application under sub-section (1) shall be in such form a ~ ~ d maunel. as may be prescribed.

7. Submission of claims.-(1) Any person claiming an interest in , - colnposite property may, within sixty days of the date of the issue of the general notice or servim of iadividual notice under section G, whir:hever is later, submit to the competent officer a statement of hie claim in writing and signed and verified in the prescribed manner:

Provided that the competent officer mag enterlain the claim after the expiry of the said period of sixty days if he is satisfied that the clailnailt was prevented by sufficient cause from .filing the claim in time.

(2) A statement of claim under sub-section (1) shall be drawn up, as far as may be, in the form of pleadings under the Code of Civil Procedure, 1908 (Act V of 1908) and shall include the following particulars, ,namely :-

(a) the nature of the interest of the claimant in the composite ~~caper ty ;

(b) the estimated money value of the composite property; (c) where the claim is made by a co-sharer or partner, the extent

of tha share of the claimant and the money va!iid of ' S I I C ~ ~ shsre; (d) where the calaim is made by a mortgage12,-

(i) the principal money and the rate of interest chargeable under the n~ortgage deed ;

(ii) payments made towards thc mortgage debt after the principal money was advanced or deemed to have been advanced;

(iii) the history of,the mortgage dcbt in so far as it is relevant to the determination of the principal money;

(iv) particulars of the property mortgaged and tho sstimated value of such property ;

(v) partic;lars of any property the possession of which has been taken by the mortgagee as security for, or in lieu of payment of, the mortgage debt ;

(vi) the total amount claimed under the mortgage debt i r j accordance with the provisions of this Act; (e) where t he claim is made by a mortgagor, the total amount dub

undor the mortgage debt and the pa,rticulars necessary to determino the same;

(f) the order of preference b which the claimant desires to have his interest separated from that of the evacuee under section 10;

' (g) any other pa.rticulars which may be prescribed. (3) The claimant shall, along with the submission of claim under sub-

section ( I ) , file true copies of all documents in his possessioil or pourer on which the claim is based and a list of any other docunlents (whether in hie possession or power or not) on which he intends to rely as evidence in support of his claimf and the claimant shall, whenever required to do so by the competent officer, produce all the documents of which true copies have been filed and also the documents in his possession OY power which have been entered in the listt.

(4) No document which should have been but has not been filed in accordance 'with the requirements of sub-section (3), shall bz received at ally stage of the proceedings without the leave of the competent ofKcer.

1

- as' >€$ :r

,:, 1 f 8, 1051 -8 '

-I - &vacuee I~zterost (deparation) 8. Decision by competent officer.-(1) On receipt of a statement of

claim under sectioil 7, the competent officer shall, subject to the provisiolis of sub-sections (2) and (3;, hold an inquiry into the.claim in accordance with the procedure laid down in section 17 and pass an order determining the iiltc?~est GC the rlvacuee and the claimant in the property in question and thi: order sl~nll contaiu al! or 'any of the following ~articularn, namely:-

(a) t,he money value of the property; , ( b ) in any case whera the evacuee and the claimant are co-sharers

or partners, their respective shares in the property and t h ~ money value of such shares;

(c) in any case where the claim is made by a mortgagor, the amount due to 'the evacuee;

(a) in any case where the claim is made ,by a mortgagee, the amount due under the claim in accordance with the provisions of 'section 9. .

(2) Where the Custodian under the Administration of Evacuee Property Act, 1950 (XXXI of 1950), has determined that the property in question or any interest therein is evacuee property, the decision of the Custodian sha,ll be binding on the competent officer:

Provided that nothing contained in this sub-section shall debar the competent officer from determilling the mortgage debt in respect of such property or any interest therein or from separating the interest of the evacuee -from that of the claimant under section 10.

(3) If there is any dispute as to whether a liability is a mortgage debt or not or whether any claim submitted under section 7 exists, the competent offiaer shall decide such dispute:

Yrovidef(1 that a decree of a civil court (other than an ex parto decree passed after the 14th day of August, 1947) shall, subject to the provisions of sections 9 and 10, be binding on the competent officer in respect of any matter which has been finally decided by such, decree; and where any matter was decided by an ex parte decree passed by a civil court after the 14th da.v of August, 1947, the compctent officer may decide such matter afresh and on such decision being made, the ex parte decree shall be deemed to have no effect.

9. Certain reiiefs in respect of mortgaged property of evacues.-(I) Nat- withstanding anything to the contrary in any law' or contract or any decree or order of a civil court or other authority, where the claim is made by a mortgagee, no mortgaged property of an evacuee shall, subject to the provisions of sub-section ( 4 , be liable for the payment of interest at a rate exceeding five per cent. per annum simple o n the principal money advanced or deemed to have been advanced.

(2) Where a moi-tgagee has taken possession on any terms whatsoever of any agricultural land and is entitled to receive profits accruing from the land and to appropriate the same, every such mortgage shall be deemed to have taken effect as a complete usufructuary mortgage and shall be deemed to have been cxtiiiguished on the expiry of the period mentioned in the rnortgage deed or twenty years, whichever is less, from the date of the executioil of the mortgage deed; and if the aforesaid period has not expired and the mortgage debt has not been extinguished, the competent officer shall determine the mortgage debt due having regard to the proportion \I t~iph the unexpired portiori of that period bears to the total of that period.

Evacuse Il~terest (Separation)

10. Separation of t h e interests of evacuees from those of claimants in composite property.-Notwithsta.nding a.nything .to the contrary in any law or contract or any decree or order of a civil c o a t or other authority,. the c'o~apetent c~fi.ctr may, subject t9 ally rules that m a y be made in this beh~tlf, take all such measures as he may consider necessary for the puqose of separating t h ~ interests of the evacuees *from those of the claimantg in any composite property, and in pa~ticular7hay,- . .

(a). in the case of any claim of a co-sharer or . .

(i) direct the custodian to pay to the claimant the amount of \ money assessed in respect of his share in the composite property .

;. or deposit the. same in a civil court having jurisdiction over such " - p170perty and.~deliver possession of the property to the Custodia9 ; and the claimant may withdraw the amou~lt in deposit in the civil : cowtj7'or , . . ,

; , (ii)'traasfer the property to the claimant on payment by. hi& . i of the amount of money, a.sse.ssed in respect of the sha.re of the . 7

1 evacuee in t h e property; .zr . .

(iii) sell the property and distribute the sale proceed^ thereof between the Custodian and the claimant in proportion to t$e share of the evacuee and of the claimant in the eroperty; or

(iv) partition the property according to shares of the evacuee . '

god the claimant and delivsr possession of the shares .allotted to , '

the evacuee arid the cla,imant to the Custodian and the , claimant . . respectively; (b) in the case of any claim of a mortgagor or a mortgagee,-

(i) pay to the Custodian or the claimant the amount payable ullder the mortgage debt and redeem the mortgaged property'; or

(ii) sell the mortgaged property for satisfahtion of the mortgage . '

debt and distribute the sale pl-oceeds thereof; or

(iii) Partition the properky between the mortgagor and the ~nortgagee having regard to the share to which the . mortgagee . would be entitled in lieu of his claim;

(0) adogt a combination of all or- some of the aforesaid m e a s ~ e s : Provided that before taking any measure under this section, the com-

petent shall ta.ke into account the order of prefereye filed by .the ,under clause (f) of sub-section (2).0'f section 7 ; and in ~~~. any ~ case ~

the claimant is a mortgagor and tenders the a.mount due, the ' -: coInpekent officer shall accept the same in full satisfaction of the mortgage ,

debt.

11. vesting ofi evacuee interest in the Gu'stdian free from encumbrances ' i and payments, etc., to be valid discharge frkm all claims.'-(1) Where in I

' of ally property, notice under ssction 6 is issued but no claim is ,

filed foulld. to exist or where any claim in respect of such property - ! is found to existi and the competent officer sepafates the evacuee iliteres't ,

therein under section 10, the whole property, or, as the case may be, the evacuee in te re~t in the property thus sepa.rated shall vest in the Custodian free from all and 1ia.billties and any pay.ment, trallsfer .or paditioa ba,de or effected und.er section 10, in sa.tisfaction of any claim i n

' rebpect of the prdperty shall be a. full and valid-discbarge of all olaiqzs in j 4 respect of the propefiy.; A

. ..

4

\

OF 19511 ~vacuee Interest (Separation) 7 I

(2j The Custodian may take possession of any such property by evicting the claimantr and other persons who may be in occupation thereof and may, for that-purpose, use or cause to be used such force as may be necessary:

Provided that the Custodian shall not disturb the possession of any person (other than the claimant) who was in lawful' possession of the property at the commencement of- this Act and has continued in such possession.

12. Rights of claimants inter se and by other persons against claimant& not to be aflaf~e~ted.-Nothing in this Chapter shall prejudice ally rights in respect of the property transferred or delivered, or payment made, to a claimailt under the provisioi~s of this Act which any other claimant or other perscm may be entitled by due process of law to enforce against the-claimant to whom the property is dclirereii or transferred or the payment is rnade.

CHAPTER I11 APPEAL, REVISION AND POWERS AND PROCEDURE OF COMPETENT OFFICERS-

AND APPELLATE OFFICEI~S 13. P&m ta appoint. appellate ofsoers.-(1) The State Government.

with the approval of the Central Government may, by notification in the I

Official Gazette, appoint as may appellate officers as may be necessary . for the purpose of hearing appeals against the orders of the competenk officers and an appellate officer shall have jurisdi~tion over such local area or areas as may be specified in the notification.

(2) No person shall be qualified to be appointed as an appellate officer under this Act unless such person-

(a) is, or bas been, or is qualified for appointment as, a Judge o t a High Court; or

(!) is, or lxas been, a district judge. 14. A~pal~. - (1) Any person aggrieved by an order of the competent

officer made under section 8 or section 10 may, within sixty days from the date of the order, prefer an appeal to the appellatk officer in such: form and manner as may be prescribed:

Provided that the appellate officer may entertain the appeal after the expiry of the said period of sixty* da%jrs if he is fiat.isfied that the appellasnnb was prevented by sufficicnt cause from filing the appeal in time.

(2) The appellate officer may, after hearing the appeal, confirm, vary or reverse the order appealed from and may pass such orders Bs he deema fit.

15. Power of revision of the appellate officer.-The appellate officer may a t any time call for the record of any proceeding in which the compe- Bent officer has passed an order for the purpose of satisfying himself as to the legality or propriety of any such order and may pass such o rde~ in relation thereto as he thinlis fit:'

Provided that the appellate officer shall not pass an order under this section prejudicially to any person without giving him a reasonable opportunity of being heard.

16. Amendment of orders.-Clerical or arithmetical mistakes in orders. ' passed by a competent officer or an appellate officer or errors arising therein from any accidental slip or omission, may, at any time, be corrected by the competent oflicer or the appellate officer either of his own motion or on an application received in %his behalf from any of %the pw-ies, EQ M. of Lam.

45 8 Evacuee Interest (Separation)

17. Powers and procedure of compstent'of8cers and appallate officers.-- (1) A cornpctc~nt oT~c.rr or afi appellate officer s l ~ l l , for the purpose of holding any inquiry or hearing any appeal under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Act V of 1908), whcil trying a suit in respect of the following matter^, namely : -

- (a) sum~noning and enforciilg the attendance of any person and exanlining him on oath;

( b ) requiring the discovery and production of documente; ((.) issuing conirnissioils for the .examination of witnessesl; (d) any other matter which may be prescribed;

and my proceeding before the competent officer or the appellate officer shall be deemed to be a judicial proceeding within the nieaning of section0 193 and 228 of the Indian'Penal Code (Act XLV of 18fiI)), and the compe t r~ i t 0Kicc.r or tho appellale oficel. shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Pro- ccedul.e, 1898 (Act V of 1898). I

(2) An appellate oficer shall, subject to the provisions of this Act. ;hhve such further powers as are vested in a court under the Code of Civil Procedure, 1908 (Act V of, 1908), when hearing an appeal.

(3) Subject to any rules made in this behalf, t'he competent officer and , appellate officer shall follow the same procedure as a civil court does in regard to civil suits including recording of evidence and the provisions of the Code of Civil Procedure, 1908 (Act V of 1908) shall, as far as may be, apply to such proceedings.

"18. Finality of orders.-Save as otherwise expressly provided in this Act, every order made by any appellate officer or competent officer shall (be final and shall not be called in question in any court by way of an appeal or revision or in any original suit, application or execution proceedings.

~EAPTER IV MISCELLANEOUS

19. Poyer to transfer c~s.-- . ( l ) The Central Goveriiment or the appel- .gate officer may. by ordor in v i ~ i t i n ~ at anv time. transfer anv case ending before a competent officer -to another competent office< for holding the inquiry and the competent officer to whom the case is so transferred may proceed either de novo or from the stage a t which it was. transferred.

(2) The Central Government or the State Government may, by order in writing a t any time, transfer any appeal pending before an appellate officer to bo the r appellate officer for hearing the appeal and the appellate officer to whom the appeal is so transferred may proceed either ds moGo or from the stage a t which it was trapsfewed.

20. Jurisdictipp d ciyil wWs bared. in certain matters.-(1) Save as . otherwise exprebsly provided in this Aot, no civil or revenue court shall entertain any suit or proceeding in so far a0 it relates to any claim to compositg property which the competent officer is empowered by or under

' Chis Act to decide, and no injunotion in respect of any action taken or to Be taken by th'e competent officer in respect of tho cornpasite property shall be granted by any civil cow% or other authority.

, .

-. f- b I

C 449 1

w ." b ~ " I951 J Hvc~cqr ee Tnterast ( S e p u r a t i o ~ ~ ) 9

(2) A11 suits anil procel dings pending before n cl\ ll 01 rcvcnttc court .at the con~nien~ernent of this Act shall, in so far as they relate to any claim filed before a competent oecer under section 7, be staged during

1 I

the pcndency oi any proceeding under this Act. 1

(31 Kot1111lg in sub-section (1) shall prevent any civil or revenue court r, from entertaining any suit or proceeding relating to any right in reapect 1 .of any payment made, or property &ransferred or delivered, to a claimant 1 urider the provisions of t h ~ s Act which any other c!aimant or other persoil may be entitled by due process of law to ellforce against the claimant to whom the paylnei~t is mrde or the property is delivei~ed or transferred.

I 21. Competent officer and appellate officer to be a public sewant.-

Every competent officer and appellate officer shall be deemed to be n public servant within the meaning of section 21 of the 'Indian Penal Code

' 1 - (Act XLV of 1860). I 1

.22: Protection of action taken in good faith.-No suit, prosecution or - other legal p~oceeding shall lie agsinst the appellate officer or the corn- petent officer 'in respect of anything which is in good faith doue or intend-

e d to be done in pursuance'of this Act or of .any rules or orders made thercuntier.

23. Power to make rules.-(1) The Central Government may, by notification in tile Official Gazette, make rules to carrv out the purposes of this Act

(2) I n ;articular and without prejudice to the generality of hhe foregoing power, such rules may ~rovide for all or any of the. following matters, namely ! -

(a) the form of any -noiice and the manner of its service; (b) the form and manner in which an application may be filed

under section 6; - (c) the form and manner in which claims may be submitted and

the particulars which a statemeht of. claim may contain; (4 the rnanner in which inquiries under this Act inay be held -

and the procedure to be followed by competent officers in such proceedings ;

( e ) the form a ~ ~ d inaniler in which appeals may be preferred against the order of competent officers and the procedure to be followed hy appellate officers;

( f l the powers vested in a civil col i~t which may be exercised by the competent officers and appellate officers while holding an inquiry or hearlng an appeal, as the .case may be, under this Act;

(9) the manner of separeting the interests of the evacuees from /, .those of claimadts in any composite property; /

(h) any other matter which has to be, or may be, prescribed , under this Act.

h .* - '\ 451 LL r

THE INDUSTRIES (3EVELOPMENT AND REGULATION) ACT, 1961

\ . Po. LXV OF 1951

1. Short title, extent 2. Declaration as to 3. Definitions 4. Saving '$<

\ CHAPTER II \

THE CENTRAL ADVISORY COUNCIL AND D LOPMENT v COUNCILS 1, 5 . Establishment and constitution of Centr 1 Advisory Council l

and its functions k '\

6. Ejtablishinent and constitution of Develdgment Councils and their functions \ I

7. . Reports and accounts of Development ~ounail$- 8. Dissolution of Developnlent Councils

9

9. Imposition of cess on scheduled industries in ce&ain oases CHAPTER 111

REGULATION OF SCHEDULND ~NDUBTRIBF;

10. Hegistration of existing inducttrial undertakings 11. Licensing of new industrial undertakings

12. Revocation and amendment of licences in cel:tain casesL F

13. Licensing of substantial expansions of industrial undfr- takings

14. Procedure for the grant of licence or permission

15. Power to cause investigation ta be made into elc6edoleB industries or industrial undertakings

16. Powers of Central Goveri~ment on completion of i n t r ~ s t i ~ s - ~ tioil under section 15

Price anltas 2 or 3d. i

871 M. of Law.

4 5 2 >c.,

ji IndlrsMas (Deuclopmeat and Rigkl(ctian) id^ LXV os mdii .- c .

Sacrloxs * ->J---

17. Special psovisibns 10s ntw1 by Central Gove~ilment in certain cases

18. I Power of person or body of persons appointed under section 15 to call for assistance $1 any investigation

CHAPTER ;I.$ MISGEIILANEOU~

19. Powers of inspection 1 I

20. General prohibition of taking i over nlallagement or control of industrial undertakings \

fi. Certain administrative expense/ of Developrnent Councila to be paid froni 1iioneys provided by Parliameilt

22. Power o! the Central Goven,n~eat \ to issue directions to Development Councils j

23. Questions relating to amount oi capital invested in an undertalring to bc decided by qeatral Government

, 24. Penaltiae

25. Power to delegate 1 , I

36. Previous sanction of Central 1 Gorernrnsht for prosecutions I

27. Jurisdicbion of courts I I

28. Exemption in special cases

29. Probectioli of action taken in good faith ;

30. POIVB~. to make r~iles

31. Applicatioli of other laws not ba,rrecl

32. Amendment of section 2, Act FIV of 1947.

TI-IF, FIRST SCHEDULE 1

THE SECOND SCHEDULE ..

An Act to provide for the development and regulation of certai 11 .\

<. industries. ., [31st Oclober , 1951 J

B E it enectsd by 7arli&haat as follows :-

\ :c.l.. ~~~rt~~itle,,,e~~nt~,~an~.~~pm~irr,en~~me.nt.-(l) This Act may be called

..;the' ~n<uski;~tries, (Development andi.ReJgjulation) Act, 1951.

(2) It extends to the whole of India except the State d Ja inm~t and K~shmir . 'r,

> I . I t

(3) It shall come into force on such '<ate as Ihe Central Governmont may, by notificta4ion in the O5cial Gazette-,\appoint;,

2. Declaration as to expediency of contr01~~by the Union.-It is hereby diolared that i t is expedient in the public inberest thab the Union should take urider its control the industries specified in-the First Schedule.

a S., Definitions.--In this Ac6, unless the ooni+xt otherwise requires,--

(a) "Advisory Council" means tlie Cenkral Advisory Coui~cil established under section 5 ;

( 2 1 ) "Development Council" means a Dev~lapmeizt Council estah- lished under section 6;

(o) "factory" nlealls any premises, including the precincts thereof, in any part of which a manufacturing process is being carried on or ie ordinarily so carried on-

(i) with the aid of power, provided that fifty or more mlorlrorr~ are working or were working thereon on any day of the preceding tn elve months ; or

(ii) without the aid of power, provided that one hundred or 1nol.e norkers are working or were worlring thereon on any day of the preceding twelve months and provided further that in no park of such premises any manufacturing process is being carried on with the aid of power;

( d ) "industrial ~mclertalring" means any ui~dertakiilg pertaining to a gcheduled industry carried on in one or more factories by any person or authority including Government;

(a) "notified order" means an order notified in the Official Gazette;

(f) "owner", in relation to an industrial undertaking, means the person who, or the authority which, h'as the ultimate control over the affairs of the undertaking, and, where the said affairs are entrustec: to

4 g-Fs3 GSZ ---: s% a/,@ 8 - S 7 c L 7 $3- %--, R., fi-g h 3 , P-5-w

+ - , 2 %q I - -

Ilzclustries (bdvelopnient and fEegzliat;09t) , [ACY ~ i i i r

a manager, ri~anaging director or managing agent, such manager, managing director or managing agent shall be deemed 60 be'the owner of the undertaking;

( g ) "prescribed" means prescribed by rules made under this Act, (h) "Schedule" means a Schedule to this Act; (i) "scheduled industry" means any of the industries specified in

the First Schedule.

4. Saving.-Nothing in this Act shall a.pply to an industrial undertaking if the capital invssted therein does not exceed rupees one lakh.

5. Establishment and constitution of Oentral Advisory Oouncll and it9 functions.--(1) For the purpose of edvising it on uat ters concerning the development and regulation of scheduled industries, the Central Govern- ment may, by notified ordar, establish a Council to be called the Central Advisory Council. b

(8) The Advisory Council shall consist of a Chairman and such other menlbers, not exceeding thirty in number, all of whom shall be appointed by the Central Government from among persons yho are in its opinion otbpable of representing the interests of-

(a) owners of industrial undertakings in scheduled industries;

( b ) persons employed in industrial undertakings in scheduled industries ;

(G) consumers of goods manufactured or produced by scheduled inductries ;

(d) such other class of persons including primary producere, aa in the opinion of the Central Government, ough6 to be represented on the Advisory Council.

(8) The tern1 of office of, the procedure to be followed in the discharge of their fullctiolls by, and the manner of filling casual vacancies among, members of the Advisory Council, ah811 be such as may be prescribed.

(4) The Central Gbvernment

shall consult the Advisory Council in' rsgerd to-

(a) the making of ally rules, other than the first rules to be made under sub-section (3);

(b) thd exercise by the Central Government of any of the powers conferred upc.111 it under section 16 or sub-section (1) of section 17;

1 and may consult the Advisory Council in regard to any &her matter connected wit,h the administration of this Acti in respect of which tho Central Government may consider it necessary to obtain the advice of the Advisory Council.

6. Establishment and csnatitution of Development Bounciis and their funWXm--(l) 'llhe Oentral Government mpy, by notified order, establish f-r any scheduled indubtry or group of spheduled bdus$ri.es, a bodp of

6 P it)bl] fndustries (beuelopment and hegoutation) 3 persons to be called a Development Council whieh shall consist of members who in the opinion of the Central Government are-

(a) persons aaqable of repreaenbing Ghe interest of owners of industrial unclertakings in the achduled industry or group of seheduled industries ;

( b ) persons having special knowledga of matters relating to the technical or other aspects of the scheduled industry or group of scheduled industries ;

(G) persons capable of representing the interests of parsons employed in industrial undertaking^ in the scheduled industry or group of scheduled industries ;

(d) persons not belonging to any of the aforasaid categories, who are capable of representing the interests of collsumers of goods manu. factured or produced by the schaduled industry or group of scheduled icdustries.

(2) The number and the term of offioe of, and the procedure tonbe followed in the discharge of their functions by, and the manner of filling casual vacanoies among members of a Development Council shall be such as may be prescribed.

(3) Every DevelopmenC Counoil shall be, by virtue of this Aof, a body oorporate by such name as may be specified in the notified order establishing it, and may hold and transfer properby and shall by the said name sue and be sued

(4) A Dexrelopn~eilt Council ehall perform euch functions of a kind specified in the Second. Schedule as may be aasiq~ed to it by the Central Government and for whose exercise by the Development Council i t appears to the Central Guveinment expedient to provide in order to increase the efficiency or productivity in the scheduled industry or group of scheduled industries for which the Development Council is established, to improve or develop the sarrioe that sueh industry or group of industries renders or could rende:. to the community, or to ensble .such industry or group of industries tcj render such service more economioally.

(6) A Development Council shall also perform such other functions as i t maj7 ba required to perform by or under any other provision of this Act.

7. Reporta and accounts of Development Uounci1S.-(I) A Development Council shall prepare and Brmsmit to the Centrd Government and the Advisory Council, annudly, a report setting out what has been done in the discharga of its functions during the fintincia1 year last completed.

(2) The report shall include a statement of the accounts of the Develop- ment Cuuncil for that year, and ahall be transmitted as soon as accounts therefor have been audited, togethar with a copy of any report made by the auditors on the accounts.

(8) The stti-ternent of account shall be in such form as may be prescribed, being a form which hall eonform to the best commercial standards, and the statement shall show the total of remuneration and allowances paid during the year t,o members and officers of the Council.

(4) A copy of each such raporb of a Developmant Counoil, or made by the auditors on i6.s aooounts, $hall be laid before Parliament by the Central Gov'ernmeb4,

3 ;P 0 4 flzdustri'es (k8velopment ancl , hegnlntion) [ACT LXV

- 8.;..?~$?solqtion lof, !'ih?yelqqenti :C,W~C~~S.-(.I); T h e Central Government m'&y,--if it 'ik'iitisfie?"ihaf &:'D.&,veloph'6nt C&iicil should cease t o coi~tinue in being, by notified order, 'dissolve that Devslopmei~t Council.

(2 ) On the dihsolution of a Development Council under sub-section ( I ) , t.he assets of the Development Council, after its liabilities, if any, are met therefrom, shall vest in the Central Government for the purposes of this Act.!

9* Impositdon d cess on ~cheduled industries in certain cases.-(1) Thore may be levied and eolleoted ss a ceas for the purposes of this Act on all goods manufactured or produced in any such soheduled industry as may be specified in this behalf by the Centrd Government by notified order a dut? of excise a t nuoh rate as may be specified in the notified order, and different rates may be specified for different goods or different classes of g a d s :

Proviclccl that IIO such rate shall in sny case exceed two annas per cent of the value of the goods.

L;:zplarratiolb.-11, this sub-sactiol:, tho, expression "value" in relation to any gooils shall be deemed to be the wholesale cash price for which such goods of the like kind and quality are sold o r are capable of being sold for delivery at the place of mtinufacture and a t the time of their removal therefrom, without any abatement or deduction whatever except trade discouilt and t he amount of duty then payable.

(2) The cess shall be payable at S L ~ C , ~ 'iutarvals, within such time and in such manner as may be preseribed, and any r ~ l l ~ l s made ill this behalf may p r~v ide for tho grant of a rebate for proinpt p~y inan t of the cess.

(3) The said cam may be recovered in the s ank manner as nn arrear of land revenue.

(4) .Tho Central Government may hand over the proceeds of the cess collected under this section in respect of the goods manufactured 01. produced by any scheduled industry or group of scheduled industries to the Development Council established for that industry or group of industries, and where i t does so, the Developmeilt Council shall utilise the said proceed*

(a) to promote scientific and industrial research with reference to thc scheduled industry or group of sbhedulod industries in respect of which the Development Council is established;

- ( b ) to pronlote improvements iq desigri anc1 quality with reference to the products of such industry or group of industries;

( o ) to provide for the training of tachnicians and labour in such industry or group of industries;

(4 ) k meet euoh expenses in the exeroise of iL funotions and jfe sdministrstivcz expenses as map be prescribed.

CHAPTER 111

RF&ULATION OF SCHEDULED INDUSTRIES

10. Registration of existing industrial undertakings.-(7) The awner of every existing industriml undertalring and the owner of any industfial

A undertnking for #e e~rtablieishment of which effeobive steps have been taken, not being the Central Governmenb, shall, within a, period of six

457 3F 1951 1 Il?,dzistries (Deuolopment and Reg,ulatio?t) 5

niauths from tlis cbrnrnencemint of this Acl, register the undart&king in the prescribed manner.

(2) The Central Government. shall also cause to be registered in the same manner every existing industrial undertaking of which it46 the owner.

11. Licensing ol new izldusttlal undertakinge,-(I) No person or authority other than the Central Qovarnment, shall, after the commencement of this Act, establish any new industrial undertaking, except under and in accordai1r:e with a liceice issued in that behalf by the Central Ciovernment :

Provided that a Government other than the Csntrxl Government may, with the prevlons permission of the Central Government, establish a new ,

industrial undertaking.

(2) A licence or ~zrmission under sub-sect.ion, (1) may contain such conditions including, in particular, conditions as to, the location of the undert9lrl11,~ and the rniniinum standards in respect of size to be provided therein as the Central Government may deem fit to ilnposa in accordance with the rules, if any, made under section 30. -

12. Revocation and amendment oi licences in cartaln cases.-'(1) If the Central Ciovsrnment is satisfied, either on a rekrence made to it in this behalf or otherwise, that any person or authority, to whom or to whioh, a iicence has been issued under section 11, has, without reasonable cause, - failed to establish or to take effective steps to sstablish the new industrial underta.lring in respect of which the licelice has been issued within the time specified therefor or within such extended time as th-e Central Government may tthink fit to grant in any case, i t may revoke the liczence.

(2) Subject to any rules that niay be made in this behalf, the Central Government may also va.ry or amend any licence issued under section 11:

Prouid2d that no such power shall be exercised after effective steps have been ttiken to establish the new industrial undertaking in accordance with the licence issued in this behalf.,

13. Licensing of substantial expansions of industrial ~nderh~&ing$.-~fie provisions of sectioiis 11 and 12 shall apply in relati011 to the effecting of any substantizl expa~~sion of an industrial undertaking as they apply in 1-sltition to the establishing of any new iildusti-ial undertaking.

Explnnat?on.--For the purposes of this section "substant~ial expansion" means the expansion of an existing industrial undertaking which is of such -a nature as to amount virtually to a new industrial undertaking, but dose not includs +iiy such expansioll as is normd to the undertaking having regard t~ its natul.2 ancl the circumstances relating to such expan$ion.

14. Procedure for the grant of licence or permimion.-Before granting any licence or pernlission under section 11 or section 13, the Central Governmant map requjrti such offlcel. or authority as it may appoint for the purpose, to ri~alie a full and complete investigation in respect of spplications received in t h ~ s behalf and report to it the result of s ~ d i investigation and in making any such investigation, the offioer or authority $hall fbllow BUG? procedllrp as may be prescribed.

458 6 I n d u s l ~ i e s (Deve lopnzen t and R e j u l a t i o n ) [ACT LXV

16. Bower to cause investigation to be made into soheduled industries or industrial undertakings.-Where the Central Clovernment i s of $he opinion that-

(a) in respect of any scheciuled industry or industrial undertaking or undertakings&

(i) there has been, or is likely j o be, a substantial fall in the volume of production in respect of any article or class of articles relatable to that industry or manufactured or produced in the industrial undertaking ur undertakings, as the case may be; for which,'having regard to the ecoilomic conditions prev$iling, there is no justification; or

(ii) thare has been, or is likely to be, a marked deterioration \

in the quality of any article or class of article& relatable to that industry or nianufactured or produced in tile industrial under- tdting cr undertakings, as the case may be, which could have been or can be avoided; or

(iii) there has been or is likely to be a rise in tho price of any article or class of articles relatable to that. industry or manufactured or produced in the industrial undertaking or undor'takicgs, as the case may bo, for which there is no just~ficatiou; or

(iv) i t is necessary to take any such action aa is provided in this Chapter for the purpose of conserving any rmolrrces of qetional importance which are utilised in the industry or the industrial undertaking or undertakings, as the case may be; or ( b ) any industrial undertnking is being managed in a manner

likely to cause serious injury or damage to the interests of the consunlers or a substantial body thereof, for whom the articles or any class of articles manufactured or produced therein are or is, intended ;

the Central ~dve rnmen t may make or cause to be made a full and complete investigation into the circumstances of the case by such p- -rson or body of personr: as it may appoint for the purpose.

16 Powers of Central Government on completion ai investigation under section 15.-(1) If after making or causing to be inade any such investigation as is referred to in section 15 the Central Government is satisfied that action under this section is desirable, i t may issue such directions t o the industrial undertaking or undertakings concerned :LS may be appropriate In the circumstances for all or any of the following purposes, namely:-

( a ) regulating the production of any article or class of rrticles by the industrial undertaking or undertakings and fixing the standards of production ;

( b ) requiring the industrial undertaking or undertakings to take such steps ns the Central Gwernment may consider necessur

undertaltings relates or relate; % mulate the development of the industry to which the unclorta ing or

(c) prohibiting the industrial undertaking or llndertakings from resorting to* any act or practice which might reduce its or their produc€ion, capacity or economic value ;

i d ) controlling the prices, or regulating the distribution, of any article or class of articles which have been the &ubject'-matter of investigation.

(2) Where a case relating to any industry or industrid undertaking or unf'ertakings is under investigation, the Central Gpvernrr:ent may issue

. 0; 1951 ] Industries (Development and keg,utation) 7

a t any ,time ally direction . ~ f the nature ~eferred to in sub-section (1) to the industri.:;l ulldertaking .or undertakings concerned, tind any such direction shall have effect until it is varied or revoked by the Central Government.

17. special provisions for direct control by Central Government . in certain caSaS.-(7) Ef after a direction has been issued in pursuance of section- 16, the C(.ntral Government is of opinion that the dlrlction has not been ' . complied with and that any industrial undertaking in respect of which the direction has been issued is being managed in a manner highly detrimental to the scKeduled industry concerned or to the l~ublic interest, the Central Governlnent may, by notified order, authorise for a period not exceeding five years any person or a Development Council or ally other body of persons (hereinafter referred to 9s the authorised person) either to talre over the managemelit of the whole or any part of the undertaking in supersession of any other person or body of persons in charge thereof or to exercise with respect to tlie whole or any part of such undertalring such functiorls of control as may be provided by that order.

(2) Where the authorised person has been authoriseci to take over the . management of the industrial undertaking, he shall take all such steps a6 may be necessary to take into his custody or ullder his control all the property, effects and actionable claims to which the industfin1 undert.aking is or appears to be entitled, arld all the property'and effects of the illdustrial ilnclertaking shall be deemed to be in the custody of the authorised person as from the date of the notified order.

(3) Where the authorised person has been authorised to exercise any functions of control in relation to an industrial undertaking, the undertaking shall be carried on in accordance with any 'directions given by the authorised persou ill accordance with the provisions of the notified order and any person having . ung functions of management in relation to the undertaking or part thereof shsll comply with any such directions.

(4) The authorised person shall in all cases exercise his tunctions in ,

accordance with any instructions given to him by the Central Government, so, howevc~, that he shall not have any power to giva to any other person ally directions undcr this ,section inconsistent with the provisions of arty Art or instrument determining the functioiia of the authority carr3ing , 013 t h ~ un~lel tak~ag sxcept in so far as may be specifically provided by the

* oldor.

( ,5 ) If a t airy tiiile i t ttppcars to the Central Government on the applica- tioi: of tlic owuer of the! iadustrial undertalring or otherwise, that the purpose of the order made under this section hds been fulfilled or thztt for any other reason, it is not necessary that the order should remain in force, the Central G ( ! ~ ~ r n m e n t may, by notified order, 'cancel such order a i d on: the cancellation of any such order, tlie management or the control, as the caw may be, of the iadustrial undertaking shall vest in the owner of the ~intlertaking.

(6) Any or-?e!r made* under thic, section shall have effect, notwithstanding anything inconsistent therewith contained in any enactment other than this . Act or in any instrumclnt having affect by virtue of hny enactment other thail this Act.

18. Power of person or body of persons appointed under section 15 to call for assistance in any investigation.-(1) The perso11 or body of

.persoas appointed to malie any ilivestigation under section 15 may clioosr one or marl persolls yossessing special linowledge of any matter relating to the invthtigntion to assist him or it in holding tha investig t ' ion.

. . , ... -

8 ' : 1ndusGies. (Development and Regulation). .. [ACT. L'XV (2) Y,he person .or body of persons so ap,p.oin+ed sha.11 'have all the powers

.of a civil court under thfi Code 'of Civil Procedure, 1908' (Act V of 1908), for, the pui.pose of taking evidence on oath (which he or. it is hereby em-

- , prlwered to administer) and o f enforcing the atteudailce of witnesses and - compelling the production 'of documents and mate~ial ,obj.ects; and t h e

. person or body of persons sliall be deeined to be a civil court for all the '

. purposes of sectiou 196;nd Chapter XXSV of -the Code of Criminal Pro- - ,, c.!edure, 1898 (Act V of 1898).

. .

. . CHAPTER I V . .

MISCEI~LANEOUS.

. -19. Powers of inq.ection.-(I) For t,he. purpose ,of ascertaining the '

positioii or' mrorking of any illdustrial undertakjng or for auy other purpose ~nenlioned in this Act o r the rules made thereunder, any.person aubhoriseK by tlie Central Government in this behalf shall have the right--

. . . (a) to enter and inspect any premises; ( b ) , to.oider the production of any document, book, regisbzr i)r

ret~ord in th. .possession or power of any person haying the control of, ur cmployed i r i coniiection with, any industrid undertaking ; a.lid

'

(c) to examine any person hnving the contt.nl of, or emp1oye.d in connection with,' any industrial undertaking. . . ..

(2) Any i ~ e r a x ~ authorised by the Central Government ni~&er sub-se.ction ' . ( I ) shall be deemed to be a public servant within the meaning of sec,tion

21 of the Indinn Penal Code -(Act XLV of 1860):

20. ~ e n e r a l prahibition of taking over management or control of industrial undertakings.-After the cbrnmencement 'of this. .-Act, it s.hall no6 bc cpIl;petent. for any Stabs, Government or a local 'authority to tzkc over the management or control of any industrial undertaking cnder any law for the time.being in force which authorises any such Government or loc:11 authority so to-do.

. . ,

. 21. Certain administrative expenses. of Development ~ounc i l s to b e paid ' Prom moneys provided by Parliament.-Such a.dminiatrative expenses as

rclale tc, t h o err~olurnents of ofEcers of a Development Council who. are . . ' :~ppointed by or with the approvnl of t,he Central Government, shall lie.

defrayed out of moneys provided by Parliament. . .

22. Power of t h e Central Government to issue direct'ms to Development . . Oo~ncil~,-In the exercise of its functions undor' this Act, every Develop-

ment Cou~lcil shall beguided by such instruotions as mag be given to i t by tlla Central -G-oyernment a n d such instructions may include directions relating to the manner in which, and the purpose for which, .ai2y proceeds

. of the cess .lovied under section 9 which may have been handed over to i t , shctll b e expcrded.

'

23. ~ues t i ona relating to amount of kapital invested i n an undertakingL to be decided by *Central Government.-If, for t h e purpose of section 4 , : Any question arises with respect to the amount of capital invested in ani hldustrial ufidertaking, the decision of the Central Government thereon ! shall be f i n k L ; . . ,

24. Penalties.-(1 j .Whoever contravenes .or attempts to . contravene, or! abeLs thr, contraveation of, t h e provisions of sub-section (1) of section 10 i 3r of su1)-sectIi(,n ( I \ nf section: ll., or of sub-section (1) of sscl,ion'll. read with 1

. &

' = '

C)F liJ61J . Indust~*its (Development _ and Rey,ulation) 0

'section 13, or of sub-section (3 ) of spction 17 or elf any direction issued 161 1 under sectioii 16, or 01 any rule the contl.avention of which is punishable ullclel* this S~gtioi1 shall be punishable with inipri~onment which may ex ten l 1

I to six month$ or with fine which may extend to five t l~ousai~d rupecs, 01

with both, and; in the case of a continuing contravention, with an additional ! fine which m a y &extend to five hundrea rupees for every day during which I

such colltravcntibp ~ontiniies after oonviction for the first such contra- I vention. I

(2) If the person contraveniilg any of the said provisions is a company, I < I

every pcrson who at the time t h e offence was committed was in charge of, and was responsible to, the coml ,a~~y for the conduct of the business of the I

conlpany, as well as the company, shall be deemed to be guilty of the contravention aud sliull be 1i:lble to be proceeded against and punished accordlngl~ :

Provided that noth'ng contained in this sub-scction shall render any . such person liable to any punishment provided ill this Act, if he. proves that the offence was committed without his Bnowledge or that he exercised all due diligence to prevent the commission of such offence.

(3) Notwithstailding anything contained in sub-section (2), where an o f f ~ n c e under this Act has bcen committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part ~ f , any director or manager, secretary or other officer of the company such director, manager, secretary ,

or other officer shall d s o b e deemed to be guilty of that offence and ~htil l be liable to be proceeded against and punished accordingly.

B:cl~lanuLion.-For the purposes of this section,- (a') "company" means an)- body corporate and includes a firm or

other association of individuds ; and (b) "director" ill relation to a ijrnl means a partner in the firm.

25. Power to delegate.-The Central Government may, by notified order, direct that any power exercisable i~nder this Act by it , other than the power specified in s e c t i o ~ 16 and sulj-section (1) of section 17 may be exercised in such cases and subject to such conditions, if any, as may be, specified in the order by such officer or authority (inc.luding in the said expressions any Developmeilt Council, S h t e Government, officer or authority of the State Government) as may he specified in the direction.

26. Previous sanction of Bentrd Government for prosecutions.-No p o - secution for ally offence punishable under section 24 shall be instituted except with the previous sanction of the Central Government.

27. Jurisdiction of c ~ u r t ~ . - - N o courh inferior to tha t of a presidency magistrate or a magistrate of the first class shall try any offence punishable under section 24.

28. Exemption-in special cases.--Thc Central Government may, if satisfied that i t is in Dhe 1)llblic interest so to do, exempt any scheduled industry or ally industrial ulldert.rk;n~ for such perlod as it may specify, from the operatioll of all or any of t,he l~rovisioi?~ of this Act or any rules made thereunder.

29. protection of action taken in g a faith.-No suit,, prosecution or othel. legal proceeding, whatever, shall lie against any person for anything Tvhich is ill ?oocl faith done 01. intended to be done under this Act or the rules made thereunder..

462. 10 1 ndustr ies ( D e ~ s l o p m e n t and Regu la t ion) [ACT LXV

30. Power to make rules.-31) The Sentral 3overnruent may, subjeot to the condition of previous publication, ii~alte rules for-carrying out the purpcsrs pf this Act.

(2) I n part~cular, and without prejudice to the generality of the forngoiug power, such rules may provide for all or any- of the following matters, uamely : -

( a ) the constitution of the Advisory Council and ~ e v b l o ~ m e n t Councils, the term of oace and other conditions of service of, the proceslure to be followed by, and the manner of filling casual var.ancies among, members of the Advisory Council or a Development Counoil ;

(b) the form of the statementsof account to bo fui-nished by a J)evelopment Counoil ;,

(c) the intervals a t which, the time within which, and the manner in which the cess leviable under section 9 shall be payable and the rebate for the prompt payment of such cess;

(d) the expenses which a Development Council may meet from the prooeeds of the cess levied under section 9 whioh may have been

. . handed over to it:

( e ) the appointment by or with the approval of the Central Government of any officers of a Development Council ;

(f) the facilities to be provided by any industrial underlaking for the training of technicians and labour;

(9) the collection of any information or statistics in respect of any scheduled industry;

(12) the manner in which industrial undertakings may be repi~tered under section. 10 and . the levy of a . fee therefor ;

(i) the procedure for the grant or issue of licences and permis- sio~is under section 11 or section 13, the time within which such licences or permissions shall be granted or issued including, in . particular, the publication of notices calling for applications and the holding of such public inquiry in relation thereto as may be necessary in the circums.tances;

( j ) tno fees to be levied in respect of licences and permissiocu issued uhder this Act;

( lc ) the mVatters which may be taken into account in the granting or issuing of licences and permissions, including in particular, the previous consultation by the Central Government with the Advisoly Council or any Dev'elopment Cour~cil or both in regard to the grant or issue of any such licences or permisshl.;

(1) the procedure to bo followcd in making any investigatior under this Act;

(m) the conditions which may be illcluded in any licences and , permissious ; i

, (n) the conditions on which l ice~ces and perniissions nlay be

, varied or amended under section 12;; . , . .

. (0) the maintenam? of books, abcourits and re~ords relating to .

ttrl industrial. undertakiiig; ( p ) the subi~lissio~l of special OF periodical returns relating to an

industrial. undertalcin$ by persons having the control of, or employed in connection: with, such undertaking, and the forms in which, and the rtutlior.ities to'which, such returns', and reports shall. be submitted. .

( q ) ally ~ t h e r ~ m a t t e r which is to be or may .be prescribed under t h i ~ Acts.

(3)- Any rule rnade under this section inay provide that a contravention thereof shall be punishable under section 24.

(G) All rules made under this section shall be laid for not less than 3ve1i days before Parliament as soon as possible after they are made.

and shall be subject to such modifications as Parliament may make during ic session iq which they are so laid, or the session immediately follow- ,

31. Application of ather laws not barred.-'Cha provisions of this Act 11 bo in addition to and not, save as otherwise expressly provided in

is Act, in derogation of any other Central Act for tho time being in ri?e. relating to any of the scheduled industries.

82. Amendment of section 2, Act XIV of 1947.-In section 2 of the Industrial Disputes Act, 1947 (XIV of 1047),-

(a) in sub-clause (i) of clause (a), after the words "by a railway con~pany" the words '"or concerning any such controlled industry , as may be specified in, this behalf by the Central Government" shall I

be inserted; ' I

( b ) after clause (e), the following clause shall ba inserted, 1

ncilnely : - i

'(ee) "controlled industry" means any industry the control !

of which by the Union has been declared by any Central Act ti j be expedient in the public interest;'.

' I T H E FIRST SCHEDUL*

[See sections 2 and 3 (91 I I I

.4ny industrev engaged in the manufacture or production-of-any of t h e _ .-.. .

following, namely : - (1) Aircraft. , (2) Arms and ammunition. (3) Coal, including coke and other derivatives. (4) Iron and steel. (5) m at he ma tical and scientific' instruments. (6) Motor and aviation fuel, kerosene, crude oils and synthetio

oils. (7) Ships and other vessels propelled by the agency of steam, or

by e!ectricity or other mechanical power.

(8) Sugar. I

-

i ' 464 f>

12 l~zdustries (Development and Ra;ulntion) [ACT &xv ,

' (9) Telephones, telegraph apparatus and wireless communication apparatus.

(10) Textilw made wholly or in part of cotton or jute. (11) Automobiles, including tractors. (12) Cement. (13) Electric lamps and fans.

(14) Electrk motors. (15) Heavy chenlicals including fertilizers. (16) Iieavy machinery used in industry in'cluding ball and roller

tiea,ring and gear wheels ancl parts thereof, boilers and steam generating \

equipment. (17) Locomotives ancl rolling stock. (18) machine tools. (19) Machinery and equipment for the generation, transmission

and distribution of electric energy.

(20) Eon-ferrous metals including alloys. (21) Paper includinge newsprint and paper board . (22) Pharmaceuticals and drugs. ,

, (23) Power and industrial aloohol,

(24) Rubber goods. (25) Leather and leather goods. (26) Textiles made. of wool. (27) Vanaspati and vegetable oils.

(38) Agriculfiural implements. (29) ~ a t t e r i e s , dry cells and storage. (30) Bicycles, and parts thereof. (31) Hurricane lanterns. (32) Internal combustion engines. I

(33) Power-driven pumps. (34) Radio receivers. (35) Sewing and knitting machines.

- - ( S G ) Small and hand tools.

(37) Glass i~nd ceramics. THE -SECONLF SCHEDULE

f t-

[See section 6(4)1 ' k, Fuilctions which may be ' adigned to Dcvclopmcnt C,ouricils :- F L (1) Recommending targets for production, co-oidinating produc- ,

tion progrzmnies and reviewing progress from time to time.

(2) Suggesting norms of efficiency with a - view 'to :eliminativg . . waste, obtaining maximum production, improving q11~litg and 5; -

... ~.,, raducing costs. . , . , ,

iy (3) Recommending rneaiures for. securing the fuller utilisat.i~n , 1 of' the installed ca.pacity and for improving the .working of the i I: .L industry, particularly of - t he less efficient units; .

j.

OF lObl] Indust~ias ( ~ e v o l o ~ n z c ~ ~ t and 12eg,ulation) 13

(4) Promoting arrangements tor better marketing and helping in t h i devising of a sysuem of distribution and sale of the produce of the indushry which- would be satisfactory to the consumer.

(5) Promoting standardisation of products. (6) Assisting in the digtribution of controlled materials and pro-

motlng arrangements for obtaining materials for the industry. (7) Promoting or undertaking inquiry as to materials and equip-

ment arid as to methods of production, , management and labour , .

utilisation, including tha discovery and development of new materials, equipment and methods and of improvements in those already in use, the assessmeat of the advantages of different alter- natives and the conduct of experimental establishments and of tests on a commercial scale.

18) Promoting the training of persons engaged 9r proposing engagement in the industry and their education in technical or artistic subjects relevant thereto.

(9) Promoting the retraining ' in alternative occupatioils of per- soir~~el eng~ged in or retrenched from the industry.

(16) Promoting or undertaking scientific and industrial research, research into matters affecting illdustrial psychology and research into matters relating to production and to the consuinpti~n or use ot goods and services supplied by the industry. . .

(11) Yromoting improvements and standardisation of accounting and costing methods ,and practice.

(12) l'rornoting or undertalring the collection and formulafion of statistics.

(13) Investigating possibilities 'of decentralizing stages and' 'processes of production with a view to encouraging the growth of allied

sinall scale -and cottage industries.

(14) Promoting the adoption of measures for increasing the productivity of labour, including measures for securing safer and better working conditions and the provision and improvement of amenities and incentives for workers.

(15) Advising on any matters relating to the industry (other thau rernnnm.at,ion and conditions of en?ployment) as to which the Central Go~rernment may request the Development Council to advise and undertaking inquiries for the p?lrpose of enabling the Development Coi~ncil so to advise, and

(1 6) Undei~taking arrangenleilts for mak?ng available to the industry information obtained and for advising on matters with which the nevelopnlent ('ouncils are concerned in the exercise ,f any of their Functions.

THE PART C STATES (MISCELLANEOUS LAWS) REPEALING ACT, 195 1

No. LXVI OF 1951

An Act to repeal certain laws in force i n certain Part C States, C3lst OcLober, 19511

B E it enacted by Parliament as follows:- 1. Short title.-This Act may be called the Part C: States (Tv~iscellm~ous

Laws) Repealing Act, 1951. 2. Repeal of certain lzws of Part C States.--The law d3scribzd in

column 2 of the Schedule whether by their short titles or as Laws corres- ' ponding to certain specified enactments shall, in relation to the Stale

specified in the corresponding entry in column 1, be repealed or be deemed to have been repealed with effect from the date specified in the aorresponding entry in column 3.

3. Savings.-The repeal by this Act-of any law shdl not affect any other enactment in which the repeded law has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or conse- . quences of anythi~g already done or suffered, or any right, title), obligation or liability already acquired, accrued or incurred, or any rem;dy or proceeding in respec$ thereof, or any release or discharge of or fro1 1 any debt, penalty, obligation, liability, claim or demand, or any indemi ity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restrichion, exemption, office, or a )pointment, notwithstanding that the same respectively may have been in a y manner affirmed, or recognised, or derived by, in or from any law herel y repealed;

nor shall the repeal by this Act of any law revive or restor: any jurisdiction, office, cust'om, lial)ility, right title, privilege, restrictl~n, c3xemp- tion, usage, practice, procedure or other mstter or thing not now existing or in force.

THE SCHEDULE REPEALS

(See section 2)

Name of State Description of law Date of 1.epeal

---C-4d--IT-T-C---CICICI--3-d-1-.---C+--I

1 2 3 _-,-.-qCC ----- -d-----C41-H - - - - - - - _ _ _ _ _ Bhopal . . . The Bhopal State Land Improvement and 20th June, 1951.

Agriculturists' Loans Act, 1337 Muha- Madi.

- - - Price anna 1 OT l i d .

889 M. of Law.

2 Part C States (Miscellaneous Laws) Repealing [AOT LXVI OF 1951.1 -- --

1" 2 a -,-. --- - --- - --- - M A - - - ----.---

The Bhopal Civil Procedure Code (Amend- 6th September* ment) Abt, 1929 (Bhopal Act IIT of 1929). 1950.

The Notified Areas Act, 1946 (Bhopal Act From the date X X I I o f 1946). of commence-

ment of this Act.

The Tehsil Judicial Comaittee Ordinance, From the a&te 1948, and His Highness the.Nawab of Bho- of commence- pal's Pirman, published under Notification ment of thie No. 2, dated 30th May, 1946, entitled Act, . Village Panchayat.

Bilaspur . . . The Bilaspur (Kehloor) State Halqa and Par- 29th August, gana Councils (Powers and Authorised 1950. Functions) Act, 2005 (V of 2005 RK).

ICutch . . . Any law corresponding to the Bombay Land. 10th May, 1950. Revehue Code, 1879 (Bombay Act V of 1879).

Any law corresponding to the Bombay Land- 3rd June, 1950 ing and Wharfage Focs Act, 1882 (Bombay Act VII of 1882).

.4ny law corresponding to the Bombay 7th November, Weights and Measures Act, 1932 (Bambay 1950. Act XV of 1932).

Any law corresponding to the Bombay Agri- 24th May; 1960. cultural Debtors Relief Act, 1947 (Bombay Act XXVII I of 1947). .

The Kutch Nagarsabha Constitution, 1942, 13th September promulgsted by Order No. 5516 of 1942. 1950.

The ICutch Rent Restriction Rules, 1945.% From the dam of commencement of this Act.

VintlhyaPradesh . The Rewa State Rent Control Ordinance, 6th December, 1946. 1950.

The Vinrlhya P r a d ~ s h Sales Tax Ordinanbe, d Ill I ) ~ o e ~ ~ . b e r , ,

1949 (I1 of 1949). 1050.

THE REP ---

NO. LXVII o~ ,1951 -..-------__1_____

,n Act further to amend the Representation of the>People&4,ct, . 1950, and the Representation of the People Act, 1951.

[31st October, 19513 I. E i t enacted by Parl iament as follows:-

PART I PRELIMINARY

B, Short title.--This Act may be called the Representation of the eople (Second Amendment) Act, 1951.

PART II

AMENDMENT OF ACT'XLII~ OF 1950

2. Amendment of section 2, Act XLDI of 1950.-In section 2 01 !e Representation of the People Act, 1950 (hereinafter in this Part tferred to as the principal Act), after clause (f ) the following clause la11 be inserted, namely : --

"(8) 'Part B tribal areas' means the tribal areas of Assam specified in Part 13-of the table appended to paragraph 20 of the Sixth Schedule to the Constitution;".

3. Amernbent 08: section 3, Act XILIII of lbS5hB.-In sub-section (2) section 3 of the principal Act,-

(a) after the words "to each State" the words "and the areas" shali be inserted;

(b) after the words "opposite to that State" the words "and those areas respectiveiy" shall be added

4. Ameandmea& of section 4, Act XLIIX of 1958.-In sub-section (1 ) 'section 4 cf the principal Act. for the words "and to the Andarnan 'd Nicobzr Is!arids7' the words " , to the Andaman and Nicoba~ ands and to the Part, 5 tribal areas" shall be substituted. 5 . Amendment s f the First Schednl", Act XEBBI df 1950 -13 the

rst Schedule to the principal Act,--- (a) in the heading to colunln 1, after the words "Name a f

State" the words "or areas" shall be inserted; b) in columns 1 and 2, after the entries under the sub- ng "Part C States" the following sub-heading and entries be inserted, namely : -

2

2 . Psrt B t r i b ~ l areas. 1" ;

P i c e anna 1 OT l i d .

2 Repreuautatiorz of the Paopl: (Second A~nendrne?zt) [ACT ~ x v n

(c) in column 2, for the figures "A96" the figures "497" shall be substituted.

8. Amendment of the §ixth Schedtale, Act XILI[%I of 1950.-In the Sixth Schedule to the principal Act, under the sub-heading "Himachal Pradesh'j-

. , (a) the entry "8. Besi" shall be omitted;

(b) entries 9 to 15 shall be renumbered as entries 8 to 14, respectively;

(c) after entry 14 as so renumbered, the following eritry shall be inserted, namely : -

"15. Hesi."

7. Amendment of the Seventh Schedule, Act XLIEll of 1950;-In the Seventh Schedule to the principal Act, for the entries 1 to 10 rulder the sub-heading "Viudhya Pradesh", the following entries shall be substituted, namely :-

" 1. Agariya 8. Kamar

2. Baiga 9. Khairwar

3. Bedia 10. Majhi J

e

4. Bhil 11. Mawasi

5. Bhumiya 12. Panika

6. Biar (Biyar) 13. Pao

7. Gond 14. Sonr."

PART 111

- AMENDMENT OF ACT XLIII OF 1951

. 8. Amendnient of section 4, Act XEIII of 1951.-In section 4 of the Representation of the People Act, 1951 (hereinafter in this Part referred to as the principal Act), for the words "or to the Andaman and Nicobar Islands" the words " , to the Andaman and Nicobar islands or to the Part B tribal areas" shall be substituted.

9. Amendment of section 39, Act XLIII of 1951.-In sub-section, (2) of section 39 of the principal Act, after the words and figures "under section 12 or section 18" the words "or under any ,of the: provisions of this Part" shall be inserted. I .

10. Amendment of section 58, Act XEIlH of 1951.-In section 58' of the principal Act- ,

(a) to sub-sectlon ( I ) , the following proviso shall be addedi namely : - ' ,

"Provided that where a polling station has more than ' one polling booth and any such ballot box as aforesaid wag used a t one of such polling booths, the election to which such ballot box relates shall be void only in respect of thd pol ing at the polling booth at which such box was used an d no further.";

I

OE lw-lj Reqn~ssntation of the Paopls (Bsoond Amendme&) 3

(b ) in sub-section (2)- (i) after the words "at the place fixed for the fl Bw

words "or at any polling booth" shall be inserted; ( i i ) after the words "or in such place fixed for the I

the words "or in such polling booth, as the nmy k" shall be inserted; -

(c) in sub-section (3), after the words "place poll'' the words "or in such polling booth" shall be

B@ 8

No. - ----- LXVIII - b~ 1951

An Act t o declare certain offices tlf profit not to disqualify theii. holdors for I>eing chosen as, or for being, members of Parliament.

[31st Octo be?, 19511

B E it enacted by Parliament as follows:-

1. Short title and commencement.-(1) This Act may be called the Parliament Prevention of Disqualification Act, 1951.

(2) It shall be, deemed to have come into force on the 26th day of Jan- uary, 1950.

2. Prevention of disqualification for membership of Parliament in certain cases.-It is hereby declared that the following offices of profit under Government shall not disqualify, and shall be d e e m ~ d riel-er to have disqualified, the holders thereof for being chosen as, or for being, members sf Parliament : -

(a) the offices of Chairinan and members of the Fiscal Commis- sion which was appointed by the Government of India in the month .of April, 1949 and which ceased to functsion in the month of June, 1950 ;-

(b) the offices of Chairman and member of the Film Inquiry Committee appointed by the Government of India in the m0nt.h of August, 1949;

(c) the office of Chairman of the Working Party for the Coal In- dustry appointed by the Government of India in the month of March, 1950;

(d ) the offices of members of the Railway Local Advisory Com- mittees appointed by the Government of India for the year ending 04 the 31st day of March, 1950 or for the year ending 011 the 3lst day of March, 1951 or for the year endiag on the 31st day of March, 1952;

(e) the office of Chairman or member of ally other Committee appointed by the Government of India or the Government of any State - held for any period not extending beyond the 31st day of March, 1952;

(f) the office of the Assistant Government Pleader held u ~ d e r the Government of Assam for any period not extending beyond the 8th day of November, 1950.;

Price anna 1 or lad. 387 TvI. of Law.

Parliame~ztary Prevention of Di:qualificatzon [ACT LXVIII O F 19511 2

(g) the office of member of the Enquiry Commission appointed bv the Government of Assam or by the Government of West Bciigal in pursuance of the Agreement made betwern India and Pakj-t :, an on t h e 8th April, 1950, for any period not extending beyond the 31st day of December, 1950; and

(h ) the office of member of .the Bombay Revenue Tribunal for '

any period not extendiiig beyond'the 1st day of April, 1951. c 5

THE PLANTATIONS LABOUR ACT, 1951

No, LXIX OF 1951 ,.

ARRANGEMENT OF SECTIONS

.CHAPTER I .. - __- --_--J-

PRELIMINAHY

1. Short title, extent, coinmenbemest and application.

2. Definitions.

3. Reference to time of day.

CHAPTER I1

4. Chief inspector and inspectors.

5. Powers and fuilctioils of inspectors. . 6, Facilities to be afforcled to inspectors.

7. Certifying surgeons.

CHAPTER 111

PROVISIONS AS TO HEALTH

8. Diinbing water.

9. Conservancy. *

0. Medical facilities.

CAkPTER IV !

WELFARE

1. Canteens.

2. Creches.

3. Recreational facilities.

4. Educational facilities.

5. Housing facilities.

6. Power to make rules relating to housing.

7. Other facilities.

8. Welfare oEoers. Price annas 2 or 3d.

M of Lam

SECTIONS

10.

eo.

Plantations Labour [ACT LXIX OF 1,9511

CHAPTER V

HOURS AND LIMITATION OF EMPLOYMENT

W.eekly hours.,

Weekly holidays.

Daily intervals for resb.

Spread-over.

Notice of period of work.

Prohibition of employment of young children.

Night work for women and children.

Non-adult workers to carry tokens.

Certificate of fitness.

Power to require medical examinatioll.

CHAPTEE V I

LEAVE MTITW WAGES

Application of Chapter.

Annual leave with wages.

Wages during leave period..

Eickness and maternity benQfits.

CHAPTER V I I

PENALVIES AND PROCEDURE 4

Obstruction.

Use of false certificate of fitness.

contraventbn of pro~~isioi~s regarding eniployment of labour

Other offences.,

Enhanced penalty after previous conviction.

Exemption of employer from liability in certain cases.

Cognizance of offences.

Limitation of prosecutions.

CHAPTER V I l l

N~ISCELLANEOUS

Power to give directions.

Power to exempt.

General power to make rules, i

3)

plantations Labou+ r 4

1~ Act t o provide for the welfare of labour, and t o regulab the conditions of work,Iin plantations. 1 1

[2nd November, 19519 I I 3~ i t enactad by Parliament as follows : - I

I CHAPTER 1 i

I PRELIMINARY I

1. Short title, extent, commencement and application.-(1) This Act Lay be called the Plalitations Labour Act., 1951.

(2) It extends to the whole of India except the State of Jammu and ashmir . I ' .

(3) It shall come into force on such d a ~ as the Central Government ay, by notification i11 the Official Gazette, appoint.

(418 It applies in the first instance to all teaj coffee, rubber and cinahona antations, but auy State Governineat may, subject to the previous ~proval of the Central Government, by notification in the Official ~ze t t e , apply i t to any other class of plantations within thrst State.

2. Definitions.-In this Act, unless the context otherwise requires,-

(a) "adolescent" means a person who has completed his fifteenth year buh has not completed his eighteenth year;

(b) "adult" mersns a person who has corrqleted his eighteenth year;

(c) "child" means a person who has noC completed hie fifteenbh year ;

(d) "day" means a, period of twenty-four hours beginning at midnight;

( c ) "employer", when used in relation to a plantation, means th s person who has the ultimate control over the affai~s of the plmtabion, and where the affairs of any plant~tion are entrusted t o any other person (whether called a managing agent, manager, superintendent or by any other name) such other person shall be deemed to be the employer in relation to that plantation;

(f) "plantation" means any land used or intended to be used for tea, coffee, rubberJqor cinchona which admeasures

acres or more and whereon thirty or more persons ar? em were employed on any day of the preceding t w e l ~ e months,

where the' provisions of this Act have been applied ,ti6n*-udd8r'~~bkecbio~ (4) bf sect i~n, 1 to any other class of means. also any land used or iiltendetl to be used for gr~wing the plan6 -

-- --- - , /-&-/99$,& S&P@01.$6,3.%,-<- yY~&h>/'?f ix

4.R-, w.32 p-3 9. .;es. ..e, ta, P k o . (-: 3), / PS-4-

2 Plantations L a b o u ~ [ACT L S ~ X

mentioned in such notification and whereon thirty or mom persons axe employed, or were employed on any day of the preceding twelve months ;

(93 "prescribed" means prescribed by rules made under this Act.;

(h) "qualified medical practitioner" means a person having s cer- biAcate granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (VII of 1916), or in t.he Schedules to the Ilidian MedicB1 Council Act, 1933 (XXVII of 1933) and also persons having certificates granted und.er the different Stahe (Provincial) Medical Council Acts ;

(i) "wages" has the meaning assigned to it in clause (h) of section 2 of the Minimum Wages Act, 1948 (XI of 1948);

(j) "week" means a pe'riod of seven days beginning at midnight on Saturday night or such other night as may be fixed by the State Government in relation to pladtatidns in any area after such consultation as may be prescribed with reference $0 the plantations oonoerned in that area;

(k) "worker" means a person employed in a plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical, but does not include-

(a) a medical officer at the plantation;

( b ) any parson whose monthly wages exceed three hundred rup0es; or

(01 a person employed in a plantation primarily i n a madage- rial capacity nohwithstanding that his molithly wagas do "not exceed rupees three hundred;

(2) "young person" means a person who is ,either st child or an adolescentl.

3. R,&mnce to time ~f day.-In this Act, references to time of day arb ref'eYeh6es to Indi'ari Standard fime being five and a half hours ahead of Greenwich Mean time:

Provi'ded that £or any area in which the Indian Standard time is not ordinarily observed, the State Government may make rules-

' (a) 'specifjirig the area;

Cb) d d n , k g the locE!l :,p?an , t ime. ordinarily obs.erve,d, .$.herein;' and , ,

. .. <;:; ; 2,,,:G .~,,:7 ., ..:!>- ~ :,*;. ; ,,, , , . ,

""ajl br of "!*he ! .; .. 5 - i :(~$r.p~it$i~gi:shcl~;~<me'.t& be' obser?&d .:in :,,~$~nt;&$~~Dg:i:.Si;f'u&$&d. ,ifill b ~ g t . : . . : ' '

. . ,. ,. . . . . . , . .. ,. . . . .,,> : : . .

,.. . . v.i : !<,, ;!,; r..- !;;:.!:,!;.<.:; )<,.?, .,:, ,r,,!!:;:,:' ! . :>.,,' .-,..,.>;):, , . ' .. , 3 7

, . . . . -. . . >>.! : , . r l : .< . . , ! < , ... 5. I,;' . . :,

, . . . , . ... CHAPTER $ ~ . , : + r ~ ~ . , : ! [ ~ ~ e : . . ! : , ; :.,.:!!.!;., , j

479 a

OF 19511 Ptantatiojzs Labour 3 (8) Subjeot to such rules as may be made in this behalf by the State

Governm.ent, the chief inspector may declare the local area or areas within which, or the plantations with respect to which, inspectors shall exorcise hheir powers under this Act, and may himself exercise the powers of as inspector within such limits as may be assigned to him by the Stste Government.

(3) The chief inspector and d l illspectors shall be deemed. to be publio se~vants within the meaning of the Indian Penal Code (Act XLV of 1890).

5. Powers and functions of inspectom.--Subject to any rules made by the State Governlnent in this behalf, an inspector may within the local limits for which he is appointed-

(a) make such exalniilation and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and of the rules made thereunder are 'being observed in the case of any plantation;

(b) with such assistants, if any, as he thinks fit, enter, inspeot and examine any plantation or part thereof a t any reasonable time for the purpose of casiying out the objects of this Act;

(c) exrinine the crops grown in any plantation or any worker employed thereill or require the production of any register or other document maintained in pursuance of this Act, and take on the spo5 or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act;

(a) exercise such other powers as may be prescribed: Provided that no person shall be compelled under this section to answer

ally question or make any statement tending to inciiininate himself.

6. Facilikies to be afforded to inspectorw.-Every employe;. shall,,afford the inspectoi* all reasonable facilities for making any entry, inspection, examination or inquiry under this Act.

7. Certifying suqeCms.-(1) The State Government may appoidt quali- I tied .medical practitioners to be certifying surgeons for the purposes of I

this6Act within such local limits or for such plantation or class af planta- I tions' as i t may assign to them rBspectively.

I

(2) The certifying surgeon shall carry out such duties as may be presaribed in connection with-

(a), the examination and certification of workers; I I

(b) the exercise of such medica!, supervision as may be prescribad where nddedmnts and children are, or are to be, employed in .any - i work in any plailtktian whiEh is likely to oatuse injury to their heajth.

1 t

CHAPTER I11 1 I i

PROVISIOKS AS TO HEALTH I I

8. Drinking water.-ln everj plantation effective arrangements &all 1

be made by the enlployer to provide and mainthin at convkllienL place8 in the plantation a- sufficient 2yp~1,ly of ,wholeqo,me , djinFng water for all

i " workers.

1 f j 9. Con~bi%bi~. - ( r ) ' ~hkr ; shall 'ijk prokided"se&&&ig for mbles and

fed+ Jes .,in ev~~y..plantation a ~ufficient.~ numbea ,of labrinds and urinald prescribed types so situated as to be convenient and acowsible to wbrkers 1 employed therein. I

4 Plantations Labour [ACT LXIA

(2) All la,triiies and 'urinals provided under sub-section (1) shall be maintained in a clean and sanitary condition.

10. medical facilities.-(1) I n every plantation there shall be provided and maintained so as to be readily available such inedical facilities for the worktrs as magr be prescribed by the Sfate Government.

(13) If in any plantation medical facilities are not provided and maintained as required by sub-section (1) the chief inspector may cause to be

- proyirled and maintained therein such medical facilities, and recover the cost thereof from the defaulting employer.

(3) For the purposes of such recovery the chief inspector p a y certify the costs to be recovered to the collector, who may recover the amount as an arrear of land-revenue,

CHAPTER IV

WELFARB

11, Canteens.-(1) The State Government may make rules requiring - tha% in every plantation wherein one hundred and fifty wol-kers me ordinarily employed, one or more canteens shall be provided and maintained by the employer for t'he use of the workers.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the da.te by which hhe canteen shall be provided;

( b ) the number of canteens that shall be provided and the standards in respect of construction, accommodation, furniture and other equipment of .the canteens;

(c) the food-stuffs which may be served therein and the charges which may be made therefor; 2 .

(d) the constitution of a managing committee for the canteell and the representation of the workers in the management of the ' . * canteen ;

(e) the delegation to the chief inspector, subject to suah coniitions *as may be prescribed, of the power to make rules under olause (c).

4

12. Creches.-(1) I n every plantation wherein fifty or more womeii workers are employed or were employed on arly day of-the preceding twelve months, there shall be provided and maintained by the employer suitable ljooma for the use of children of such women who are below the age '05 six years.

(2) Such rooms shall- . - - .

(a) provide adequate accommodation; ;-,> 3 - ,-

( b ) be adequately lighted and ventilated; 5 +>2*~4191

(c3 be maintained in a clean and sanitary condition; and " . * r:

(d) be undei: 'the chklrge of 'a yoman 'trained in t%,e care - o f , children and idants.

(3) Tlie State GoveLnment may make rules prescribing the location and the standards of such rooms in respect of their construction and aecommodation and the equipment and amenities to be provided therein.

13. Recreational facilities.-The Sta.te Goverllment ma.y make ~ l e s requiring every employer to make provision in his plantation for such recreational facilities for the workers and children employed therein as may be prescribed.

14. Educational facilities.-Where the children between the ages of six and twelve of workers employed in any plantation exceed twenty-five in number, the State Governqent may malie rules requiring every employer to provide educational facilities for the children in such manner and 01 such standard as may be prescribed.

15. Eousing facilities.--It shall be the duty of every employer to provide and maintail1 for every worker and his family residing in the plantation necessary housing accommodation.

16. Power to make rules rela.ting to housing.-The State Government may make rules for the purpose of giving effect to thc provisions of section 15 and, in particular providing for- .

(a ) the 'standard and specification of the accommodation to be provided ;

fb) the selectioll and preparatioil of sites for the construction of '

houses and the size of such plot;

(c) the constitution of advisory boards consisting of representatives of the State Government, the employer and the workers for consultation in regard to matters coi~nected with housing and the exercise h j them of such powers, functions and duties in ~e l a t i o i~ thereto as may be specified;

(d) the fixing of rent, if any, for the housing accommodation provided for workers;

(8;) the allotmeilt to workers and their families of housing accomlnodation and of suitable strips of vacant land adjoining such accon~n~odation for k11e purpose of maintaining kitchen gardens, the definition of what constitutes the family of a worker for the pilrposes of section 15, and for the eviction of workers and their families from such accommodation;

( f ) access to the public $0 those parts of the plantation wherein the workers are housed.

17. Other facilities.-The State Govsrninellt may make rules requiring that in every plailtatioil the employer shall provide the workers with such llumber and type of umbrellas, blankets, rain coats or other like amenities for the protection of tvorkers from rain or cold as n a y be prescribed.

18. Welfare officers.--(1) I n every plantation wherein three hundred or more xvorbers are ordinarily employed the employer shall employ such number of welfare officers as may be prescribed.

(2) The State Government may prescribe the duties, qualifications and conditions of sel-vice of officers employed under sub-section (I) , .

IJla~ztations Labour

CHAPTER V

J9. Weekly hours.-Save as otherwise expressly provided in this Act, no adult worker shall be required or allowed to work on any planfjatioli in excecjs of fifty-four hours a week and no adolescent or child for more than forty hours a week.

20. WqeWy holidays.-(1) The State Goveriinlent tnay by rules made i11 this behalf-

(a) provide for a day of rest hl every peliocl of seven days which shall be allowed to all workers;

(b) provide for paymelyt for work done on a day of rest a t a rate iiot less than the overtime rate prevailing in the area, and where there is no such rate a t such rate as may be fixed by the State Governinenti i11 this behalf.

(2) Notwithstanding anything contained ill clause (a) of sub-section (1) where 9, worker is willing to worlr on any day of rest which is not a closed holiday in the plantation, nothing contained in this section shall prevent him from doing so:

Provided that in so doing a worlcer does not m70rk for more than ten days consecutively without. a holiday f9r a whole day intervening.

Explanation 1.-Where on any day a worker has been prevented from ao&ing in any plantation by reason of tempest, fire, rain or other natural causes, that day, may, if he so desires, be treated as his day of rest for the relevaxt period of seven days within the meaning of sub-section (1).

Explanation 2.-Nothing contained in this sectioil shall apply to any worker whose total period of employment including any day spent on leave is less than six days.

21. Daily intervals for rest.--The period of work on each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours, before he has had an interval for rest for a t least helf an hour.

22. Spreadmer.-The period of work of an aduit worker in a plantation shall be so arranged that iiiclusive of his interval for rest under section w2;1', i t shall iiot spread over more than twelve hours including the time spent in waiting for work on any day.

23. Notice of period of work.-(1) There shall be displayed and correctly maintained in every plantation a iiotice of periods of work in such form and manner as may be prescribed c1eal.l~ for every day the periods during which the workers may be required to worlr.

(2) Subject to the other p~.ovi~ions contained in this Act, no worker shall be required or allowed to worlr in any pla~itation otherwise than in accordance with the notice of periods of work displayed in the plantation.

(3; An employer may refuse to employ a worker for any day if on that day he turns up for tvorIi more than half an hour after the time fixed for the oomrnenoement of1 the day's worli.

Ic-c---------- _II___

/ Jidu.9 A . ~ + W . X y& 4 2 9195-3. -74 L

OF 19511 Plarztntio7zs Labour 7

24. Prohibition of afmployment of young children.--No child who has riot comp'leted liis twelfth vtdr sh:tll be required or allowed to work in any plantation.

25. Night work for women and children.-Except wit11 the pelmission of the Stmte Government, 170 W O I ~ R I I 01. child worker shall bc employed in any plantation otherwise than between the hours of 6 A.M. and 7 P.M.:

l'rovided that 11othiug in this section shall be deemed to apply to mid- xvives niid nurses einploycd as such in any planta%ion

26. Nan-adult workers to carry tokens.-XO child xvho has completed riis twelfth year and no adolescent shall be required or allowed to work ir any plantation unless-

(a) a certificate of fitlieqs granted with reference to hiill u~lclct section 27 is in the custody of the employer; and

(b) such chilcl or aclolescent carries with hinl while he is a t ~i70rIi

a token giving a. reference fio such certificate. 27. Certificate o~f fitness.-(1) A certifying surgeon shall, on the appli-

cation of iUy young person or his parent or g~~arclian accoi~~paniecl by a document signed by the employer or any other person on hisbbehalf , tha t such pe13son will 11e employed in the plnntntjon if certified to be fit for wo~,k, or on the application of thc employer or any other persoil on his behalf with reference to any ?.oling person intending tp work, examine such person ancl-ascertain his fitness for work eithcr as a child o r as an adolescent.

(2) A certificate of fitness qranted under .this section shall be va.lid for a period of t~velve months from the date thereof, but may be renewed.

(3) Any fee payable for a certifipate under this section shall be paid bv the employer and shall not be recoverable from the young person, his parents or guardian.

28. Power to require medical examination.-An inspector may, if he l,hinks necessary so to do, cause any young persori employed in a plantatio!l to be examined by a certifyiilg surgeon.

CHAPTER V I

LEAVE WITH WAGES

29. Appl~icatim of Chapter.-(2) The provisions of this Chapter shall not operate to the. prejudice of any rights to which a worker may be elltitled under any other law 3FpundCr the--terms of any award, ngrecment, or contract of service :

Provided that ivhere such award, agreement or cont8ract of ~erv ice provides for a longer leave with wages than prot-idcd in this Chapter the ~vorker shall be entitled only to such lenger leave.

Explanation.-For the purpose of this Chapter leave shall not, except as provided in section 30, include weekly holiclays or holidays for festivals or othcr sin~ilar occasions.

30. Annual leave with wages.-(1) Every woi-kcr shall be allowed leave with wages for a number of days calculated a t the rate of-

(a) if a.n adult, one clay for every twenty days of work performed by him, and

(b) if a youllg persoil, ane clag for euerg W e e n clays of work performed by him:

89VM, of Law.

8 Plantations Labour [ACT L X ~ X

l'rovided that a period of leave shall be inclusive of any holiday which may occur during such periods.

(2) If a worker does not in any one period of twelve months talce tllc whole of the leave allowed to him under sub-section (I), any leave lloi talcen by him shall be added to the leave to he allowed to him under thal sub-section in the succeedii~g period of twelve months.

(3) A worlrer shall cease to earn any leave under this section when the earned leave due to him amounts to thirty days.

31. Wages during leave period.-(1) For the leave allowed to a worker under section 30 he shall be paid a t the rate equal to the daily average of his total full-time wages, exclusive of any overtime earnings and bollus, if any, but inclusive of dearness allowance and the cash equ'ivalent of ally advantage accruing by the coilcessional supply by the employer of food- grains for the day on which he worked. I 4

(2) A worker who has been allowed leave f q a n y periodLless tbngfour clays in the case of' an adult a i d five days in the case of a young person under section 30 shall, before his leave begins, be paid his wages for tho pcriod of the leave allowed.

32. Sickness and maternity b8enefits.-(1) Subject to any rules that nia,y be rnade in this behalf, every worker shall be entitled to obtain from his employer-

( a ) in the case of sickness eel-tified by a qualified medical practitioner, sickness allowance, and

(b) if a woman, in the case of corlfinement or expected coafine- nient, maternity allowance,

a t such rate, for such period and at such int&vals as may be prescribed. (2) The State Government may make rules regulating the payment

of sickness or maternity allowa.iice and any such rules may specify the circumstances in which such allowance shall not be payable or shall cease to be payable, and in framing any rules under this section the State Gov- ernmeilt shall have due regard to the medical facilities that mag be provided. by the employer in any plantation.

CHAPTER V I I

33. Obstrc~cti~n.--(1) Whoever obstructs an inspector in the discharge of,his duties under this Act or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examinatiorue or inquiry a.uthorised by or under this Act in relation to any plantation, shall be punishable with imprisonment for a term which may extend to t h e e months, or with fine which may extend to five hundred rupees, or with both.

(2) Whoever wilfully refuses to produce on the dema-nd of an inspector. uny register or other document kepl in pursuance of this Act, or prevents: o r attempts to prevent or does anything which he has reason to believe is! likely to prevent any person from appearing before or being examined by, an inspector acting in pursua.nce of his duties under this Act, shall be: punishable with imprisonment for a term which may extend to three: months, or ~ i $ h fine which mag extend to five h~mdred rupees,, or with; both. - 4 m.3 2.G d kmxY& 4z ~ / 9 5 ~

. .

.'Plantatbns Labour

34. Use of fal& cqtiflcate of fitness.--Whoever knowingly uses or Wtemptq to use as a certificate. of fitness granted to himself under se 2K a certj,fio~te granted t;o another person under that section, or h been grant&& a . certifioate of fitness to hiinself, knowingly allows ifi

%.

use'd,ror allows an ~t tempf to use itl to be made by another person, shall - be punishlible withfirnprisonment; wliioh may extend to one month, or with - . fine whihh may extend to fifty rupees, or with both.

35. C(~ntiravention d provisions regarding employment af labour.-Wh.0- ever, except as otherwise permitted by or under thTs Act, conkravqnes any provision of this Act or of any rules made thereunder, prohibiting: restrict- , ing or regulating the employment, of persons in a plantation, sha.11 be punishable with implisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. /

36. Other offeaces.-Whoever contravenes any of the provisions of {,his Act or of any rules made thereunder for which no other penalty,,is vhe-where provided by or under this Act shall be punishable with imprisonment for a, term wBch may extend to three months, or with fine which may extend to five hundred rupees, or with both.

i

37. inhanced penalty after ~ b e v i ~ s ~onvicti~n.--If a n y person who has been convicted of ally offence punishable under ,this Act is again guilty of ,an offence involving a contravention of the same provision, he I

shall be punishable on a subsequent codviction with imprispnment which may extend to six months, or with fine which may extend to one'thousallh , rupees, of with both:

Provided that for the purposes of this section nq cognieance shall be ' taken of any conviction made more than two years before the commission of the offence which is being punished.

38. Exemption of-employer dmm IiabiLity in certain ~ a s e s . - - W h e r ~ - a ~ employer charged with an offence under this Act, alleges that .another person is the actual offender, he shall be entitled upon complaint made by '

him in this behalf to have, on giving to the prosecutor in this behalf thrm clear days' notice in writing of his intention so to do, that other person ' , brought before the court on the day appointed for the hearing of the case

after t.he commission of the offence has been proved, the employer" to 'the satisfaction of the court that-

-- ( a ) he has used due diligence to enforce the execution of the

relevant provisions of this Act; and

- ( b ) that the other person committed the offence in question without his knowledge, consent or connivance;

the said other person shall be convicted of .the offence and shall be liable to the like punishment' as if he mere the employer and the employer shall be acquitted : /

, Provided tha.C-

3

( a ) the employer may be examined on oath and his evidence and that of' any witness whom he calls in his support shall he subject to ,cross-examination on beha.lf of the person he charges to be the actud offender and by the prosecutor, and

Plantations Labour {EAOT ~ X I X . ( b ) if, in spite of due diligence, the -pewon alleged as .the actual

~offehder caunot be.,bro~ght QefareiChe/ oourt-zonxthe day .npp&ill&d:afor j the hwriiring of the case; the aourt~eh&ll c&djou~.nl %be l+he&ning bhereof 2rom~4ime .to t i r n e ~ s o ~ however, hthat.1 the total.~pezliod~ 06 .such~adjourn- menb doesk-not. erxceed.rhhree imonths, a n d rif;raby tthe.~en&i oh iihsilsaid - ~poxiod,r I thal person~blLeged,~as >&he aaba l , i ;~Aeder :tcannat 1118%11 :J be

, brought before the!aorrrt~ hhe , oourt -$hall - pr~ceed I to . i~hmr :-,$he reasp against the einployer.

39. F@gnizance ofs ofiences.-No court shall take cognizance of any offence under this Aet except on complaint made by, or with the previous sanction in wribirlg of, the chief inspector and no court infei-io~ to that of a presi$ency magistrate or a magistrate of the second class shall try any o,ffelice punishable, under this bet .

40. Limitation of 'prosecution's.-No court shall*take cognizance !of an offence punishable under this Act unless the complaint thereof has been made or is ma e within three months from the date on ~vhieh +he alleged commissiol~ o 4 the offence come to the knowledge of an inspector:

Provided that where the offence consists of disobeyingQ n written order made by an inspector, complaint *thereof p a y be made wlthill fiix months ' of ,the date on which the offence is alleged to have been corr~milted.

CHAPTER VI I I

41. ~ b w e r to give directions.--The Central Government may give directions to the Government of any. State as to the carrying into execution in the State of the provisions contained in .this Act. .

f 42. Power to exempt.-The State Government may, by order in writing, exempt, subject to such conditions and restrictions as i t may think fit to impose, any eqr~ployer or olgss of employers froin all or any of the provisions of this Act:"

1 . < Provided'that no such exemption shall be granted except with the previous approval of the Central government.

\

, ..&3.,,Gener,a\ polwer to wake rules.-(I) The State , Government mqy, subject to the rondition of previous publie,at~on,.make rules to csrry out the purposes of this Act: '

\ I

! Provided that the date to be specified under clause (3) of section 23 04 the General Clauses Act, 1897 (X of 1897) shall not be less1 than six weeks from the date on which the dr?ft of the proposed rules was published. ,

, (2) , In particular, and without prejudice to the generality of the foregoing I , i~ower, any such rules may provide for-

L; (a) the qualifications required in respect of the chief inspector 1 " and inspector; F i (b) the ,powers which may be exercised by inspectors and the

$areas in which ,apd the,manner in which such powers may be exercised; 1 -

(c)_thb medical supervision which may betexercised by certifying 1

I

i su1;geans ; I ' ; . L.

-

6~ 19511 Plantations Labout 1 ," 1

- - (d) the examination by inspectors .or other persons of the supply I

and distribution of drinking wat,er in planta$ions; I 4 I

(el) appeds from any order of the chief inspector or inspector I and the form in which, the time within which and the authorities to which, such appeals may be preferred;

1 i I

(f) the time within which housing, recreational, educational or other facilities required by this Act to be provided and maintained . i

i may be so provided; i

(gg the types, of latrines and urinals that should be mainJained in I plantations; i

(h) the medical, recreational and educational facilities that i J should be provided in plantations;

I

(i) the form and manner in which notices of periods of work shall be displaygd and maintained; 1)

1 kl I

(j) the registers which should be maintained by employers and tho re"turns, whbther occasional or periodical, as in ' the opinion of the I State Government may be required for the purposes of this Act; and I

(k) the hours of work for' a normal workind day for the purpose of wages and overtime. ,

1 , I (3) All rules made under this Act shall, if m'ade by any Government,

other than the Central Government, be subject to the previqus approval 1 of the Central Government. / \ . 1 1

I 1 . i

\

GIPD- ST--890 M "I Law--22-"52- 4000

. ,

34. qr&edu;e .on divplas&#<:cSeditoT's >?.c! ~ .< !-. ?: , , petition. 15. Cons.equences of application by displaced deljtor.

984 M of LEew .s I . .

- . p&e awas 3 or 4d. , '

, . ~ - \

Disp la~ec l Persons ( D e b t : Adjzrsl?r~ent) iik'

(:or~~promises or arrangements between banlrs and their debt,ors not to be reopened in. certain cases.

Oommunication of contents of decrees to prescribed authority.

Application of the Limitation Act. Order XXXVIII of the First Schedule to Code of Civil Pro-

cedure not to apply.

Protection of action taken in good faith. Delegation of powers. Power of Central Government to make rules. Power of State Government to make rules. Repeals..

Displaced ~eksons (Debts Adjustment]

An Act %o make certain provisions for the adjustment and: settlement of debts due by displaced persons, for the recovery of certain debts due to them and for matters connectecgb therewith or incidental thereto. . .

17th November, @S_lJ.

' BE it enmted bg: Parbmen_b .ae follows : w

1. ShOrb title, extent and commencement.-(I) This Act may be csllea $JIB Displaaed Persons (Debts Adjustment) Act, 1951.

(2) It extends to the whole of India excepb the State of Jammu and I

Kashmir .,

(3) It shall come into force on such date as the Centrsl Government may, by notification in the Official Gazette, appoint, and different date@ play be appointed for different States or for dif£e:ent palrts thereof.,

2. Definitions.-In this Act, unless the context otherwise requires,- I :

(I) "company" means a company as defined in the Indian Com- panies Act, 1913 (VII of 1913), and includes a company deemed to ba registered under that Act by reason of any of the provisions contained'

i I I

in this Act; I (2) "Companies Act" means the Indian Companies Act, 1913 ( V l I I

of 1913); i I

(3) "compensation" means any compensation paid, whether in oash or in kind, in respect of any immovable property in West Pakistan belonging to a displaced person under any general scheme arrived ab in this behalf between the Government of India and the Government of Pakistan or framed by the Government of Jndia;

(4) "co-operative society" means a co-operative society regisbered !

under the Co-operative Societies Act, 1912 (I1 of 1912), or illlder any .other law for the time being in force .b any State for the registratiorn of co-operative societies ;

(5) "Co-operative Societies Acf" means the Co-operative Eocieties 'Act, 1912 (I1 of 1912), and includes any other law for the time being b force in any State relatil~g to co-operative societies;

494 -.F

Uzsplaced Persons (Debts Adjustmefit)_ [ACT I,XR

(6) "debt" means all? pecuniary liability, whether payable presently or in future, or under a decree or order of a civil or revenue - court CI:. otherwise, or nrhethel* ascertained or LO Le ascertained, V I hich--

(a) in the case of a displaced person who ha^ lefB cr boon dig- placed from his place of residence in any area now forming part of West Paliistan, was incurred before he came to roeide in any area now forming part of lndia;

(b) in the case of a displaced person who, before and after the 15th day of August, 1947, has been residing in any area now f ~ r r n - ing part of India, was incurred before the said date on the security of any immovable property situate in the territories now forming part of Wesh Pakistan :

Provided +hat' where any such liability was incurred on the security of immovable properties situate both in India and in West Pakistan, the liability shall be so apportioned betwoen the said properties that the iiabiiity in relation 50 each of the said properties bears .the same proportion to the total amount-of the debti; as the value of each of the properties as at the date of the transaction bears to the total value of the properties furnished ae security, and the liability, for the purposes of this clause, s l~a l l be the liability which is relatable to the property in West Pakistan;

(c) is due to a displaced person from any other person (whe-

, \ -

ther a displaced person or not) ordinarily residing in the territoriee to which this Act extends;

and includes 6

any pecuniary liability incurred before the commencement cf this Act by any such person as is referred to in this clause which is based on, and is solely by way of renewal of, any such liability as is referred to in sub-clause (a) or sub-clause ( b ) or sub-clause ((1) :

Provided that in the ease of a Ioa,n, whether in cash or [in. j kind, the amount originally advanced and not the amount for i which. the liability has been renewed shall be deemed to be t h e extent of the liability; I

:but does not include i i any pecuniary liability due under a decree passed after the 15th I day oE August, 1947, by any court situate in West Pakistan or nny I

pecuniary liability bhe proof of which depends merely on an oral 1 agreement ;

( 7 ) "u1isplncc.d ba,111i" means a banking company which, befoie the 15th day of Aupnst, 1947, carried on the business of banking, whetiien'

I wholly or partially, in any area now forming part of \\lest Pakistan and is declared to be a displaced bank within the meaning of this Act by the Central Government by notification in the Official Gazette;

(6) "displaced creditor" means a displaced person to whom' 8. :! debt is dr;e from any other person, whether a displaced person or na%; !

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

. z - r rr

OF 1951-,] Displaced Pe~sons (Debts Acljustment) ' 3

(9) "displaced debtor" nlc:tiir, a displaced person from whom a debt is clue or ia being claimed;

(10) "displaced percon" means any person who, on account of lihs setting up of the Dominions of India and Pakistan, or on r~ccount oll civil d~eturbances or the fear of such disturbances in any area now forming part of West, Pakistan, has, after the 1st day of March, 1947, left, or been displaced from, his place of residence in such area and

-who has bern subsequently residing in India, and includes ally perron who is resident in any place now forming part of India and who for that reason is unable or has been rendered unabls to manage, supervise

o r control any immovable property kelongi1-g to him in West Pakistan, bui does not include a banking company;

(11) "prescribed" nleans prescribed by rules made under this Act;;

(12) "Tribunal" means any civil court specified under section 4 -as having authority to exercise -jurisdiction under this Act;

(13) "verified claim" means any claim registered under the Djs- placed Persoils (Claims) Act, 1050 (XLIV of 1950) in respect of which a final order has beet1 passed under thht Act relating to its verification mnd valuation ;

(14) "West Pakistan:' means the territories of Pakistan excluding &he Province of East Bengal.

8. Over-riding effect of Act, rules and orders~.-Save as otherwise expressly provided in this Act, the provisions of this Act and of the rules asld orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in any decree or order of a court, or in any contract between the parties.

4. '6'ribnnadsi competent to exercise Iukisdiction und'er this Act.-The State Government may, by notification in the OEcial Gazette, specify any civil court or class of oivil courts as the Tribunal or Tribunals having authority to exercise jurisdiction under sthis Act and may define the areas !n which and the extent to which such jwisdiction may be exercised.

CHAPTER 11

5. Application by dispEaced debtors for a,dfustment of debts.-(1) Ati any time within o11e year after the date on which this Act comes into force in any local area, a displared debtor may make an application for the adjustment of his debts to the Tribunal within the local limits of whose

jurisdiction he actually and voluntarily resides, or carries on business or personally works for .gain.

(!) Every application by a displaced debt& shall contain the following gart~culara, namely : -

far) the place where he resides; a

(b ) the trade, caning, profession or other employment in which lie is now engaged and in which he was engaged in West Pakistan before he became a displaced person;

L)zsplnced P e ~ s o n s ( D e b t s A d j u s t m e n t ) [ACT LXX

(c) his average annual income in India during the three yeare Immediately preceding the application;

(d) the income-tax and super-tax, if any, to which he has beem . assessed for the three years immediately preceding the application;

( e ) such other particulars as may be prescribed;

&nS shill be accompanied by the following schedules, namely:-

. (9 a schedule containing full particulars of all his debts, whether owed jointly or individually, with tlie iianies and addres_see- of his creditors and joint debtors, if any, so far as they Lye known to, or can by the exercise of reasonable care and diligence be ascertained by him;

(ig a schedule of all his properties, both movable and immovable* {including claims due to him) which are not liable to attachment either under the Code of Civil Procedure, 1908 (Act V of 1908), as arnendeb by section 31 of this Act or under any other law for the time being in force, a specification of the values thereof and of the places where the

I same may be found; . (iii) a schedule of all his properties, both movable and immovable=

(including claims due to him) which are not included in the schedule. under item (ii) of this clause; and

(iv) a schedule of all his properties in respect of which a claim^ has been submitted to th2 rbgistering officer under the Displace& Persons (Claims) Act, 1950 (XLIV of 1950), and, where any order has been passed in relation to the verification and valuation of the claim

- under that Act, with a certified copy of the order.

(3) All persms whose names are shown in any schedule as having, c ldms again& the displaced debtor and all persons whose names are shown aa joint-debtors shall be deemed to be the respondents to the application and there shall be filed along with the application, or with the permission of the Tribunal at any later stage of the proceedings, as inany copies of &e application and as many envelopes and notices in the prescribed form, auly addressed to the respondents as there are respondents.

6. Rejection of application in certain cases.-Where an application mads pndar section 5 does not comply with R I I ~ of the requirements of that pention,- P;he Tribunal may either reject it, or grant to the applica~~t such further @me as it thinks fit to corllplg will1 such rzquireillents

7. Issue of notice.-If the application is not rejected u ~ d e r section 6, #he Tribunal shall, after causing the date for the hearing of the application I

;to be entered in the notices referred to in section 5, cause them to be served pn $he respondents.,

8. Objection by respondents.-In response to a notice under section 7, the respondent may show cause against the application by filing a written ~ ta temcnt containing his objections to the application:

Provided that where he does not appear in person or through any autho- r5sed agent, the wcitten statement 'may be sent by registered post, aclmow- ledgme!tt clue, to the Tribunal after having been signed in the presence of 81. elvil judicial officer or a magistrate or any other prescribed o£ficer and duly kEtpsted by such officer or magistrate.

OF -19511 Displucscl Persoizs (Debis Adjustnzent)

9. Proceeding after service o f notice on respondents.-(1) If there is a dispute as to whether the applicant is a displaced person or not or as to .the existence or the amount of the debt due to any creditor or the a ~ s e t s of any displaced debtor, the Tribunal shall decide the matter after talring such evidence as may be adduced by all the parties concerned and shall pass such decree in reiotiol~ thereto as it thinks fit.

(2) If there is no such dispute or if the respondents do not appear or have no objection to the application being granted, the Tribunal may, aftsr considering the evidence placed before it, pass such decree in relatloa - ,thereto as it thiiilzs fit.

10. Claims by creditors against displaced debtors.--Any displaced person . having a claim against a displaced debtor may make an application, in such form as may be prescribed, for the determination thereof to the, !l!ribunal within the local limits of whose jurisdiction the displaced debtor actually and voluntarily resides, or carries on business, or person~lly works for gain, together with a statement of the debts owed to the creditor- with full particulars thereof.

11. Procedure on creditor's petition.-(1) Where an application under section 10 has been made, Che Tribunal shall cause notice thereof Bio be sewed on the displaced debtor calling upon him either to show cause, if any, against the application or to make an application on his own behalf under section 5.

a

(2) If, in response to a notice under sub-section (I), the displaced . debtor nigkes an application in accordailce with the provisions of section +

6, the Tribul~al shall proceed further in the matter as if it had commenced with an application by the displaced debtor under section 5, and all the other provisions of this Act shall apply accordingly; but, if the displaced debtor does not choose to make any such a ~ l i c a ~ t i o n , the Tribunal shall, after considering such evidence, if any, as may be produced before it, determine the claim and pass such decree in relation thereto as it thinks fit.

(3 ) The period of limitation specified in sub-section (1) of section 5 in respect of an application by a displaced debtor shall not apply to an . application made under sub-section (2).

12, Objeclion by creditor to schedule of assels.-(1) Any creditor of a displaced debtor may make an application to the Tribunal stat~ing that the displa2ed debtor, who has made an application under section 5 or piub-secticn (2) of section 11, has concealed any part of his assets, and $he Tribui1~1 shall, after giving due notice thereof to the displaced debtor, deterr~ine the matter.

(2) If the Tribunal finds that the displaced debtor has n~ilfully and fraudulently omitted to include such assets in his application, the Tribunal mtky dismiss the application or refuse to allow to the displased clebtor any of the reliefs under this Act to which he vjould otherwise l iwe been entitled or pass such other order in relation thereto as it Chinl~s Ct.

18. 3laims ky displaced creditors against persons v13o are not displaced debtors.-At ally time v~ithin one year after the date on which this Act comes into force in any local area, any displaced c~cditor claiming a debt from aiip other person nrlio IS not a :?ispla%d person may in~lze an application, in such form as may be prescribed, to the Tribunal within the local limits of whose jurisdiction lie or the respondent or, if there are ~-ors

- ..-- %

'- 495 -T& Ulsplaced Persolzs (Debts Adjustment) [ACT L ~ X

reGpondenbs than one, any of such respondents, actually and voluiitarily resides, or carries one business or personally works for gam, to2ether with a statement of the debt owing to hlm with full particulars thereo!.

14. Procedure on displaced creditor's petition.-(1) Where an ap@- -cation under section 13 has been made to the Tribunal, the Tribunal shaU

-%use nofios tk:ereof to be given to the debtor, calling upon him to show cause, i-t any, against the application.

( 2 ) If there is a dispute as to whether the app\icanf is a displaced creditoT'or not or ak to tho existence of the debt or as to the amount thereof,

-the Tribunal shall decide the matter, after taking such evidence as mhy be producccl before it, and pass such decree in relation t.hereto as it thinks fit.

(3 ) If there is no such dispute oy if the debtor does not appear or firas :no cause to show, the Tribunal may, after considering the evidence placed before it: pass such decree in relation thereto as i t thinks fit.

15. Consequencesr of application by displaced debtor . - -Were a displaced debtor has made an aljplication to the Tribunal under section 5 or under sub-sectioll (2) of section 11, the following consequences shall

-ensue, nanlely :-

(a) all proceedings pending a t the date of the said application in any civil courb ia rcspeut of any debt to which the displace8 debtor i s subJt:ct (except piocc-edings by way of appeal or review or revisim against decrees or or~lers pa~sed against the displaced debtor) shall be stayed, anti thc, reuords of all such proceedings other than those relating to the nppeals, review, or revisions as aforesaid shall be translerrod to the Tribunal and consolid~%ed;

(b) all stt,achinents, injunctions, orders appointing receivers or other processes isrued by any such court and in force a t the aate of the said application in respect of any such debt shall cease to have effect and no fresh pruccjss shall, except as hereinafter expressly provided, be issued: ,

Provided that where an order appointing a receiver ceases to have effect under this section, the receiver shall, within fourteen days a

from the date an which his appoint-ment ceases to have effect or within .such further time as the Tribunal may in any case allow, submit to the Tribunal instead of to the court which appointed him his outstancling aucourlts, arld the TriLuilal sllall, ill relatiur~ to such I

accounts, have the same powers with respect to the receiver as the court which appointed him had or could have had,

I

(c) no fresh suit or other proceeding Lothcr than any such appeal, 1 review or revision as is referred to in clause (a)] shall be instituted against a displaced debtor in respect of any debt mentioned by him in the yelevart sc'nec!ule tc: his application;

(d) ally iinmovable property beioi~ging to the displaced debtor and liable to attachinent shall not be iransferred except. under t he , authoritp of tlle Tribunal and on such terms as it th;nks fit, until the. application of the displaced debtor has been finally disposed of , or anv decl-ee passed against hiill is satisfied in accordance with i t he provisions of this Act.

\ I

Displaced Pe l sons (Deb t s A d j u s t m e n t )

16. Debts secured on ilnmovaMe property.--(1) Where a debt incurred %y a displaced persoil is secured by a mortgage, charge or lien on the iru- movable propert? be!onging to him in \Vest Pakistan, the Tr~bunal may, for the purpose of a r ~ g pr0:ceding under this Act, require t h e creditor to elect to retain the secu~i tg oi to be treated as an unsecured creditor..

(2 ) If the creditor elects io rr.tain the security, he may apply to the Tribunal, having jurisdiction in this behalf as provided in section 10, for a

.a declaration of the aino~liit due under his debt. (3) Where in any case, the creditor elects to retain his security, if the

displnccd debtor receives any compensation in respect of any such propertiy -as is referred to in sub-section ( I ) , the creditor shnll bo entitled-

(0) where the compensation is paid in cash, to a first charge thereoil : . 2

Provided that the amount of the debt in respect of which he s h d ' - b~ extitled to the first; charge shall be that amount as bears to %he total debt tlie sarne proportion as the compensation paid in respect of - the prpperty bears to the value of the verified claim in respect thereof anti bo that extent the debe shnll be deemed to have been reduced;

( b ) where the compensation is by way of exchange of property,, to a iirst charge on the property situate in India so received by wcsy , of exchange :

I'lovidr-tl tii,:l t!~e :~~-rlount of .tbe ~ leb t in respect of which fie hall be el:titlcd to the first onarge shall bc that amount as Sears to t h e total debt the Sam,? pr~port ioa as the va!ue of the property received by n a y of exchange bears to the value of the verified claim in respect thereuf and to tha t extent the debt shall be deemed to have been reduced.

(4) Nwtwithstanding anything contained in this section, where s debti 5s secured by a mortgage of agricultural lands belonging to a displeoe& person in WesL Pakistan and the mortgage was with possession, the mortgage0 shall, if he has been allotted lands in India in lieu 3f the .lands of which he mas in possession in West Pakistan, b e entitled to . continue ifi possession of the lands so allotted until t8he debt is satisfied

- f rom the usufruct of the lands or is redeemed by the debtor: Provided that ill either case tlie amount of t h e debt shall be only t h d

amount as bears to the total debt the same proportion as the value of the- lands allotted to the creditor in India bears to t h e value of .he lands left! behind by him in West Pakistan and to that extent . the debt shall be deemed to have been reduced.

(5) Wliere a creditor elects to $be treated as an ulisecured creditor, in relatian - to the debt, the pr:;vieions of this Act shall apply accord:nglg.

17. Debts secured on movable property.-(1) Where in respect of a debt incurred by a displaced dzbtor and secured by the pledge of movable p rope~ty belonging to him, ihe cleditor bad beea placed in possession of such property a t any time befow t!~e debtor I~ecame a displaced person, the fc.!lowing rules shall regulate the rights and l~abilities of the creditor ~ n d

-&the debtor, namely:-

(a) the creditor may, if he is still in possession of t h e pledgedl pro~-eri~:r, rmlii?, li:e 8t1121 duc to him by the sale of such property a f t e ~ g1vi:ig fa tlie +bi,or reasonable notice of the sale;

( b ) the crtditol- s h d l not he entitled, in any case where 6Ee pledged properly is no longer ill his possession or is not available for I

509 8 Dzsplncecl Pwsons ( D e b t s Adj7,stment) [ACT LXX

redemption by thc dcbtor, to rcco13et. froul the dcbtor the debt or any part thereof for which the pledged property wns security;

( c ) the debtor shall nat be liable, in che case of n sale by the creditor of any pledged property, whether under elause (a ) or otherwise, to pay the balance where the proceeds of such sale are less than,

a the amount of the de.bt dne;

( r l ) the creditor shall, ill ally case where the proceeds of thw sale d the pledged property are greater. than the amount of the deb* due, pay over the surplus to the debtor.

Ezplanation I.-For the purposes of this section, the creditor shall be. deemed to be in possession of tho pledged property in any case in which the. pledged property, although not delivered to him was delivered to a person, authwised by him or was being held ,by the debtor on behalf of the creditor, a ~ d thc ownership or possession thereof could not have been transferred to-

'a third party without the express consent or permission o£ the creditor.

Ezplanation ZI.-Wh'ere any motor vehicle or other movable' properf@- has been purchased with money the whole or any part of which has been- advanced by a creditor who retains the ownership thereof by way OE security but allows the debtor to use i t with his permission, the property shall for the purposes of this section ,be deemed tcr be pledged property of r %he debtor in the possession of the creditor.

(2) Notwithstanding anything contained in this section, the creditor sh811' be entitled to receive, and t o give a valid discharge in respect of, any bum.- due under this Act or under any other law for the time being in farce fram an insurance company in respect of any claim arising out of the loss'or destruction of the pledged property, but the creditor shall, in any case where the sum reoeived from the iilsurance company is greater than the arfiount of the debt due to him, pay over the surplus to the debtor.

,

18. C l a i m s against insurance companies.-(1) Where any property I* West Pakistan belonging to a displaced person was insured with any iasurani:e conlpany before the 15th dy of August, 1947, agtiinst uny risk arising out of fire or theft or riot and civil commotioii and there has been a loss in respect of such property arising out of any such risk a t a time when bhe contract of insurance was in force, such'company shall not be entitled k refuse payment of the sum due under any claim in relation thereto OD- the ground tlint-

( a ) report was lodged with the police within the agreed time, 05

( b ) the claim was not made to the company within the agread t i e , or

( c ) in the case of a policy covering any risk arising out of riot and, 'civil commotion, the disturbances in West Pakistan 'were not in the - nature of :I riot or civil commotion, or

(d) the displaced person has not fulfilled any other condition of the contract which in the opiixon of the Central Government is of a technicwl nature and which the Central Goverilment has, by notification in the Official Gaqette, specified as .a condition of the contract foil t h e purposes af this section,

and any contract to_the contrary, to t11e oxtent to which it is in con- $ravention of the provisions of this sub-section, shall be deemed to have - Bad ~o effect.

.-OF 19511 Displacdd Pat,sons (Debts Adjustment) 9

(2) Where a loss has baen incurred in respect of any property in the aircumstances specified in sub-section (I), the Tribunal shall," in every proceeding where it is necer sary to do so, determine respoctivoly the amountl *of the loss, the amount for which the property was insured - on the date of such loss, and the amount, if any, pa.id by the irsurance company,

-and shall make a report thereof to such board or other authority as may bo prcscribed, and the prescribed board or other autl~oriby shall, after taking into account such matters as mag be prescribed as being relevanb t h ~ r c l o , and subject to any rules made in this behalf, in turn propose ta

-$he Tribunal the amount for whiah the claim against the insurance company shall be decreed, and the Tribunal shall pass a decree accordingly.

(3) The amount realised from the insurance company under any decree passed under sub-section (2) shall first be applied towards the satisfaction of the debt due from the displaced person, and the balance, .if any, shall be refunded to the displaced person.

(4) An application under this section may be made either by a displmed person having a claim against the insurance company in the circumstancee specified in sub-section (7) or by an assignee or any other person having an interest in the claim of s11y such displaced person, to 'the Tribunal within ,the lccal limits of whose jurisdiction the displaced person actually and voluritttrily resides or carries on business or personally works for gesiil or, i n the cnse of a displaced bank making an application under this senticn, withill whose limits the bank ctirries on business, for the determination of the arnoiint due in respect of the claim in accordance with the provisione

-of sub-section (2).

(5) To every proceeding u~lder sub-section (4) the insurance company and all, persons interested in the claim shall be made p d i e s :

PI-ovided that the Tribunal inay at any stage of the proceeding direc% that the namo of any person whose presence before the Tribunal may be

.necessary in order to enable the Tribunal effectually and completely to adjudicate upon and settle all the questions involved, be ~ d d e d to the proceeding.

(6) No application ui~der this section shall be entertained in any case .where 110 claim has been made to the insurance company within one year ,after the date of t h e loss.

Explanation.-A claim shall be deemed to have been made within the .meaning of this sub-section if intimation thereof has been given to the insurance company within one year after the date of the loss notwithstanding tha t the intaimation does not specily the amolmt of the claim or is not in

-the foi~m, if any, required by the coatra.ct of insurance or in any other specified form.

19. Calls On shares in companies.-(1) Where a conlpany or a a- operative society has made any call u p n a displaced person or a displaced bank in respect. of any money8 remaining unpaid on any share held by him or it on the 15th day of August, 1947, in the cornpny or ao-operative sooin,t,y, as the case may be, and there has been a failure on the part of

-the shareholder to pay any moneys due in respect of such call, then, notwithstanding anything to the contrary contained in the Companies Act, or i,l the memorandum or articles of associati011 or the Go-operative Societies Act, no interest shall be pavable in respect of any such moneys due and the company or the co-operative society, as the case may be,

10 Dzspluced Pel sons (Debts Adjustment) [ACT LXY

ahall not be entitled to forfeit the' share or any part thereof, hhd acy. -forfeiture rnade before the commence'ment of-this Act in respect of any-

. .share -in the c~rcumstances sl~ac:?fied m thls sub-section shall be deenled t o have had no effect, and no person shall be deemed to have ceesed t e a be u member of the compally or co-operative soclety merely by reason- oL such forfeiture.

(2) Notwithstanding anythiilg contained in the Companies Act, or iD t h e n~emorandum or articles of association,^ or the Co-opertttive Societies Act , it shall be lawful for a displaced person or a displaced bank to apply t o the company or the co-operative society, as the case may be, for t h e conversion of any partly paid-up share held by him or i t in the company or society into such smaller number of fully paid-up shares as the society or company may hare, issued and in- respect of which calls have already been made.

(3) Where any share forfeited before the commencement of this Act h a s *been isp posed of by the company in accordance with its articles 01 aesocia- tion and i t is not possible for the company to give to the displaced person the relief to which he is entitled under this section without increasing i ts capital, the capital'of the company shall be deerrlerl to hare been increased

'to the extent to which it is necessary to provide tha t relief.

(4) If the company or the co-operative society refuses to comply with. any such request as is contained in an application unde.r sub-section ( 2 ) , .the Tribunal may, on application itlade to i t m this behalf and if satisfied - that there is no cause for such refusal, issue a direction to the company -or the co-operative society accordingly, and the company or society shall be bound to comply therewith and every such directiori shall take effect from the date thereof.

(5) S:tvt: as otherwise piovidetl in this section, nothing cantained h s d m ahall affect the validity of any action taken by the conipany or its board of directors in pursuance of the provisions of the Co~npanies Act or of the memorandum or articles of asso~iation relating to the company.

(6) The provisions of this sect:on shall have. effect for a period ~f t e ~ years from the 15th day of August, 1947, and thereafter shall cease tio have effect except as respects things done or omitted to be done.

20. No calls to be made on displaced person or bank whea compsmy- or co-operative society is in liquidation.-(1) Where a cornpany or FA ca-

%operative society is 6cing w o ~ ~ n t l up. no displaced person or displaced b:ii~k shall be called upon, riotwithstanding anything to the contrary contained in the C o n ~ p a n i ~ s Act or in the rr1elr:orandurn or articles of association or t h e Co-operative Societies Act, tonmake cnv cnnt,rib~lt~i'on to the F I S A F ~

of the company or co-operative society, as the case nlay be, in respect of any share held by him or it in the company o~ society on the 15th day of August, 1947.

(2) The provisions of this section shall have effect for a period of ten years from the 15th day of A ~ ~ c u s t , 1947. and sh:111 also npplg in respect of any calls made ancl not satisfied before that d:tte, and shnll cease to have effect after the evpiry of the said period except as respects thinge done or omitted to be done.

21. Power to revise certain decree and settlement,-(1) Where, before $be commellcement of this Act, a decree has been passed by a civil cou:.k

OF 19511 Displaced Peisorzs ( D e b ~ s Adjust-mant)

503 _ J L I

against, or a settlement has been entered into by, a displaced debtor in respect of ally debt, the 'l'ribunal shall, on the application of such dentor revise I$ so as to br:i~g it 1:lto accord with t l ~ provlslons 01 this hcc.

(2) I n determining the amount due under any such decree or settlement, the Tribunal shall accept as binding the findings of the court which prsseil the decree or the-facts contained in the settlement, as the case may be, to the extent to which the findings or the facts are not inconsistent with the provisions of this Act:

Providcd that the T r ib~~na l shall not determine any claim under any such decree until any appeal or revision filed against it has been tintlL~g decided or t8he per~od aliwwed for any appeal therofrorll has expired, a ~ l d jn all such cases the finding of the Tribunal shall be based on the finel decree.

(3) Notwithstanding anything contained in this section, no 'Yriburrai shall in respect of ouy debt revise ally settlement arrived at before the commencelnent of this Act between an insurance conlpany and a displaoud person or between an insurance conlpany and a displaced bank having an intcrcst in the claim of a displaced person against t h s insurance company and arriving a t such settlenient by virtue of that interest:

~ r o ~ i d e d thaL payment in full has been made in pursuance of such. settlement.

22. Apportionment of joint debts.-Where a debt is due from a dia- placed person jointly with another person, the Tribunal shall, for the pur- - poses of this Act, apportion the liability between thein according to th& following rules, namely : -

(a) if the liability 01 each debtor is defined, then according to tha defined share of each ; +

(t) if the debt was taken for any trade or business of the join* debtors, the11 acccxding to the shares held by each of the joint debtors in the trade or business ;

( c ) if the debt was not taken in any defined shares or for any trade or business in which %he partners have any defined share, t b debt shall be apportioned into as many parts as there are joint debtors, and each joint debtor shall be liable only for the part apportioned t o hlrn ;

(d) if one joint debtor is a dispJaced person and another is not, thc sum apportioned to the non-displaced person shall not be deemcti ;to bo a debt within the meaning of this Act and the creditor nlay ln respect of such debt seek any remedy open to him in a civd rotirt or otherwise;

( e ) if the debt was taken by a joint Hindu family, the members of the joint Hindu family shall be deemed to be joint debtors withiv bbe meaning of this section and the debt shall be apportioned amongst - t h e members thereof irl t h e same proportion in which shares would be allotted to them on partition:

Provided that the share of anv member of such a joint fnmilp a,nq of wF,r,se ma12 lineal ascendants irl the male line of i~srent is alive ~ i l d - joint with such member shall be deemed to be included in the share

* k32 Displaced Pe,rso~zs (Debls Adfustwzent) [ACT LXX

of his oidesL surviving ascendant in the male line of ascent, and suoh member shall not be separately regarded as a joint debtor for fhe purpose of this clause;

(f) if the liability is secured by a mortgage of movable and immovable properties, ' the debt shall be apportioned between the two properties in the same proportion as the value of each property beaps

- t o the total value of the piqperties;

~x?ji"anation.- or the purposes of. this clause, the value of the - . motable property shall be deemed to be the value thereof immediately before the data qn which the debtor became a displaced person, and the value of the immovable property shall be deemed to be the value

: . of the verified claim in respect thereof;

(g) where the relationship 'between the joint debtors is that of 1 priilcipal and surety, nothing contained in this Act shall prevent the institution of a suit for the recovery of the debt against the surety but no decree shall be passed in such suit for an amount in excess of the ar~louiit decresd or which call be decreed against the principal debtor in accordance with the provisions of this Act:

Provided that the ?iota1 amount which may be recovered from the prinoipal debtor and the surety shall not exceed the amount decreed or which can be decreed by the Tribunal against the principal debtor in accordance with the provisions of this Act.

23. Simplified procedure in certain cases.-In the determination of any $dndividual debt which does noti exceed five thousand rupees,-

(a3 it shall not be necessary for the Tribund t o take down the evidence of the witnesfies in writing at length but the Tribunal, as tho exalninaiion of each witness proceeds, shall malie a memorandum of the substance of what he deposes and such memorantlllni shall be written and signed by the Tribunal and shall form part of the record;

(h) the decision of the Tribunal need not contain moie than 6he . points for determination and the decision thereon.

24. Presumption respeoting registered documents.-It shall be pre- sumed until the contrary is proved that any document registered under +he Indian Registrxbion Act, 1908 (XVI of 1908) or any certified copy

- $hereof and produced before the Tribunal has been proved.

25. Application of Act V of 19908.--Save as otherwise expressly pro-, vided in this Act or in any rules made thereunder, all proceedings under this Act shall be regulated by the provisions contained in the Code of Civil Procedure, 1906 (Act V of 1908).

26. Signing and verification of applications and Witten statements.- Every application and the schedules, if any, attached thereto and every written statement filed before the Tribunal for any relief under this Act shall bp signed and verified in the manner prescribed by the Code of (Xvil

- Procedure, 1908 (Act V of 1908), for the signing and verifioation of pleadings.

27. Contents of decrees.411 all cases in which the Tribunal pmses a decree on the application of a displaced person, it shall prepare a complete sched~~le of the creditors and of the assets and liabilities of the displaced psrson.

I

or9 19511 Displact d P ~ ~ s o n s (Debts Arljustrnent) 505

' 13 28. Execution d decrees.-Ib shall be competent for the civil court

which has been specified as the Tribunal for the n1lrpose.s of this Act to I

execute any decree or order passed by i t as the Tribunal in the same 1

manner as it could have done if it were ,a decree or order passed by it as a civil court.

CHAPTER 111 RELIEFS

29. Cesser of accrual of interest.-(1) On and from the 15th day of Anguet, 194'7, no interest s$all accrue or be deemed to have accrued in respect of any debt owed by a displaced person, and no Tribunal shall allow any future interest in respect of any decree or order passed by i t :

Provided t h a t

(a) where the debt is secured by the pledge of shares, stocks, Government securities or securities of a local authority, the Tribunal shall allow, for the period commencing'from the 15th day of August,

- 1947, and ending with the date of commencement of this Act, interesb to the creditor a t the rate mutually agreed upon or a t a rate a t which any dividend or interest has been paid or is payable in respect thereof, whichever is less;

(b) in any other case the Tribunal may, if it thinks it just and proper to do so after taking into account the paying capacity of the debtor as defined in section 32, allow, for the period mentioned in clause (a) , intcrest a t a rate not exceeding four per cent. per annurn ,

si.mple. (2) Nothing in this section shall apply to the interest payable in respect

of any monies advanced by a creditor, including an insurance company, on the security of a policy of life insurance of a displaced debtor in order to keep it alive. .

30. Exemption from arrest.-No displaced person shall be liable to arrest or imprisonment in execution of any decree for the recovery of any debt whether passed before or after the commencement of this Act.

31. Further reliefs in the matter of attachment of property.-Section 60 of the Code of Civil Procedure, 1908 (Act V of 1908) shall, in relation to the execution of any decree for a debt against a displaced person (whether paaded before or after the commencement of this Act), have effect, as if-

( 1 ) for clause (c) of the proviso to sub-section ( I ) , the following clauses had been substituted, name!y : -

" ( c ) houses and other buildings (with the materials and the siten thereof and the land immediately appertaining thereto and necessary for their enjoyment) belonging to an agriculturist and not proved by the decree-help to have heen let out on rent or otherwise to anv person other\ than the father, mother, wife, son daughter, daughter-in-law, breth6rr, sister or other dependant of the judgment-debtor or to have been left vacant for a period of one year or more;

-(cc) milch animals, whether in milk or in calf, kids, animals used for the pilrnose of transport or drauqht cart :mil open spaces or enclosures belonging to an agriculturist and required for use in case of need for tying cattle, ~ a r k i n g carts or stacking fodder or manure;

984 M of Law

14 506: !

I Dzsplaced Persons (Debts Adju~trnent) [ACT LXX

(c&) one main reeidential house and other buildinge attbched to it (with the materials and the sites thereof and the land immediately appertaining thereto and necessary for their enjoyment) belonging to a judgment-debtor other than an agriculturist and occupied by him ;". (2) in cl$use (i), for ihe words "hundred rupeee" the worde

"two hundred and fifty rupees" had been substituted;

(3) after clause (p), the,following clauses had been inserted; namely :--

"(q) two-thirds of the agricultural produce of the judgment- debtor ;

(7) so much of any other property of the judgment-debtor as constitutes the means of his livelihood and as is likely, in the opinion of the court, 'to yield to him an income of not less than two hundred and fifty rupees a month;

(s) any loan advanced or agreed to be advanced by or ou behalf of or out of the funds of the Central Government or a State Government, or ally asset created from any such loan;".

Explanation.-Where any such asset as is referred to in clause (s) has been created partly from such loan and partly from the private' funds of the judgment-debtor, that portion of the asset which has been created from the private funds shall, if severable from the remaining po~tion, be liable to attachment or sale.

32. Scaling down of debts.-(1) Where, on the application of a displaoed debtor under section 5 or sub-section (2) of section 11, tha Tribunal has detern~ine the amount due in respect of each debt in accordance with the

* provisions of this Act, i t shall proceed to determine the paying capacity of the debtor.

(2) If the paying capacity of the debtor is equal to or exceeds the aggregate suin of all the debts so determined (exclusive of any debt in

, respect of which the creditor has elected to retain the security in accordance with the provisions of seotion 16), the Tribunal shall pass a decree for-the aggregaiia sum so determined, fipecifying the amount due to each creditor and shall allow repayment thereof in instalments, in accordanoe with the provisions contained in section 33, unless for reasons to be recorded i'J directs o t h e s s e .

(3) If the paying capacity of the debtor is less than the aggregate sum referred to in sub-section (21, the Tribunal shall divide the decree into two varts and provide in the first part thereof [hereinafter referred to as tbe first part of +,he decree) that the sum equivalent to the paving cape- city shall, subject to the provisions contained in section 33, be realised from the assets of the debtor in India, and provide in the second part therceof (hereinafter referred to as the second part of the decree) that the halance shall be realised, subject to the provisions contained in sub-section (6) , from any compensation which the debtor &ay receive:

Provided thab i£ no such compensation is received, the b b e ehd be irrecoverable.

bis~iaced persons (he b ts ~djustrnent) %

(4) A creditor who has elected to retain his security under section 16 P

shall havu no right .b realis3 any money due to him from the assets of the debtor in India, but nothing in this sub-section shall affect any of the rights given to him by section 16.

(5) A creditor shall have the right at any time a t least six months before, the receipt by the debtor of compensation to apply,that the whole or the balance of the first part of the decree, in" so far as apy debt due to him is concerned, may be added to the second part of the decree, and thereupon he shall have no right to realise any money from the assets of the debtor in India.

(6) For bhe purposes of this Act, the amounb pay,able frorn the compensation for the satisfaction of the second part of the decree shall b,e that ,amoulnt gs bears to the aggcegate amount of all the debts in'the second part of the decree [including therein any sum added to it under sub-sectiog (6) and the sum determined in favour of the secured oreditor in the manner specified in the proviso to clause (a) of ,sub-section (3) of section 161 as the compensation in respect of the property of the debtor payable to him under the Displaced Persons (Claims) Act, 1950 (XLIV of 1950) bears to the verified ~1ai~r.n; .and &he balance of the compensation, if .any, shall be refmded t o , the displaced debtor.

(7) Every instalment paid by the displaced debtor in respect of the first part of the decree and any sum,payable from the compensation in accordance with sub-section (6) shall be distributed .rateably amongst the decree-holders, i f more persons than one are eititled thereto :

Provided that the secured creditor who has not elected to be treated ae au unsecured creditor under section 16 shall be entitled tn a prior charge on the amount payable from the compensation.

d

(8) 1V.here a displaced person receives compensation by way of exchange of property, then, subject to the prior charge, if any, of a creditor under section 16, the segregate sum payable in respect of the second part of the decree shall be a second charge upon the property received by,way of exchange, but the amount of the second charge shall be that amount as bears to the total sum the same proportion as the value of the property .eceiveci by way of exchange bears to the value of the original property verified and valued under the Displaced Persons (Claims) Act, 1950 (XLIV of 1950).

(9) Where a displaced person makes a default in the payment of any instalment fixed in respect of the first part of the decree or does not pay the amount determined in accordance with sub-section (4) of section 16 or 'sub- section (8) of this section for which the first or the second charge may have been created upon the property received by way of edchange, the creditor may apply for the execution of the decree by the attachment and sale of the attachable assets of the judgment-debtor or by the sale of the property obtaiwd by way of exchange upon which the charge has been created, as the case may be, and the amount realised by such execution shall be distributed rateably among the decree. holders :

Provided that nothing contained in this sub-section shall affect the rights of any charge-holders.

(10) For the purposes of this Act, where the compensation is paid in cash, tEe amount which shall be available for purposes of satisfaction of

16 Displaced Persona (Debts Adjustment) [ACT LW

the debts in thc s e c o ~ d part of the decree shall in no case exceed seventy. five per cent. of the amouilt of such compansation; and where it is by way of ex6hange of property, the extent cf tne property which shall be available f ~ r the said purposes shall in no case exceed sjventy-five per Oenb. in vsllue of such property.

Explanaiion.--In this section the expression "paying capacity" meane the aggregate of the mark& value of all the attachable assets in India of &he displaced debtor plus the income which is likely to accrue to him for

. the next three years succeeding, excluding from the computation of auoh income a sum calculated at the rate of two hundred and fifty rupees a month..

33. Matters to be taken into account in directing payment by instal- merits.--(1) In directi~?g payment of any sums by instalments under the first part of the decree, the Tribunal shall take into account among other matters-

(a) the present income of the displaced debtor from all sources and the income that is likely to accrue to him in future;

(b) the giee of the fa.mily dependent upon him for the ordinary necessaries of life and the expenditure likely to be incurred for the education and marriage of the children of the displaced person depend-

. ent upon him.

(2) Where a displaced creditor is a minor, or a widow or a person who, by reason of any physical disability, is permslnently disabled from earning his livelihood, the Tribunal may direct that any instalment payable to him or her shall be twenty-five per cent. higher than what would otherwise have beex directed to be paid, and where i t does so, it shall also direct that the instalments of other decree-holders shall be proportionately reduced.

34. Variation of maintenance allowances.-Where a displaced debhr has been ordered to pay an allowance periodically to any persoil for his imeinte- nance under any decree or order of a court, or is liable to pay such allowance under any agreement voluntarily entered into, the rate at which sucli allowance is payable may be varied by the Tribunal on application mads to it in this behalf, if in view of the chmge in the circumstances of the displaced debtor, the Tribunal thinks that such variation irr necessary, and such variation shall have &ect for such period as the Tribunal may direct, notwithstmding anything in any decree, order or agreement to the contrary.

35. Taxation of lawyer's fees.-In directing payment of eosts by any pers,)n as costs i~ respect of fees to any legal practitioner elnployed in any proceeding before it, the Tribunal shall be guided *by any rules for the time being in force regulating the payment of such coste in proceedings of a similar nature before the ordinary civil courts, and shall not award more than one-half of what in its opinion the costs before the civil court would have been.

36. Extension of period of 1imitati.on.-Notwithstanding anything contained in the Indian Limitation Act, 1908 (IX of 1908) or in any special o locsl law or in m y agreement,-

(a) any suit or other legal proceeding in respect whereof the period of limitation was extended by section 8 of the Displaced Persons (Inati- tution of Suits) Act;, 1948 (XLVII of 1948), and

oa 19511 Displace& Pe~sons (Debts Adjustment) 17

(b) any suit or other legal proceeding for the enforcement of a claim against. an insurance company not falling within the provisions of clause (a) in' respect whereof the cause of action had arpden, whether whollg 0-7 in part, in the territories now situate in West Pakistan and the bstitution of the suit or other legal proceeding has' become barred bx reason of a condition in the contract, which, but for the conditinn, mould have been governed by the provisions contained in clau~le (a),

may be instituted at any time within one year from the commencenlent of this Act.

37. Ourtailmest of period of limitation for execution of certain decrees.- Notwithstanding anything contained in section 48 of the Code of Civil Proce. dure, 1908 (Act V of 1908), or in any other law for the time being in force, no order for the execution of a decree in respect of a debt against a displaced person shall be made upon an application presented after the expiration of-

(a) in the case of decrees passed before the commencement of this Acb, six years from such commencement;

(b) in the case of decrees p,assed after the commencement of this Act, six years from the date of the decrees;

(c) in the case of decrees 'directing payment of money to be made at prescribed intervals or on certain dates, six years from the date of default in making the payment in respect of which the decree-holder seeks to have the decree executed:

Provided that nothing in this section shall be construed as exterding the limit of time for execution as provided in section 48 of the shid Code for an agplication for the execution of a decree passed before the c~mmencemenk of this Act.

38. Sale of immovable property in execution.-(1) Where in the exeoution of any decree for the recovery of a debt against a displaced per- w n his immovable property is sought to be sold, the court executing the decree shall, in the first instance, determine the market value of the property and, if the vdue so determined is less than br equal to the amount of the decree together with the proportionate amount of any prior en- eumbrance, the court shdl transfer the property to the decree-holdar.

(2) If the value determined under sub-section (I) is greater than the amount of the 'decree together with the proportionate amount of any prior encumbrance, the court shall determine the portion of such property the value of which is equal to the amount of the decree with the prwpor- tionate amount of such prior encumbrance, and mag, if it is reasonable or convenient to do so, transfer that portion to the decree-holder.

(3) Where any property is transferred under the provisions of this sec tion to the decree-holder, the decree shall be deemed to be satisfisd to &he extent of the value of the property so transferred:

Provided that if the decree-holder does not desire to take the property or, in the opinion of the court, it is not reasonable or convenient to transfer the property to him, the praperty may be sold by public auction, but irrespective of the price fetched at the public auction the market value of the property as determined under this section (and not the amount payable to the decree-holder out of the sale proceeds of the public nuo- bion) shall be deemed to be the &mount which has been paid to the decree-holder iu respect of the decree, and satisfaction thereof shdl bq entered accordingly.

39. Encouragement 'of settlements.-If the displaced debtor and the orclditor or, where there are more creditors thal; one, such number there01 as hold more than two-thirds in value of the debts due from the displaoed debtor enter into an agreement for the adjustment of t.he liabilities, the Tribunal shall, if an applicstion is made to it in this behalf, after giving dud notice to the other creditors affected, adjust the remaining dabts accordingly if the terms of the agreement are just and fair, and pass a decree acc.ordingly .

CHAPTER I V APPEALB

40. General pr~visions relating to appeals.-Save as otherwise provided in section 41, an appeal shall lie from-

(a) any final dqcree or order of the Tribunal, or (b ) p y order made in the course of execution of any decree or

order oi the Tribunal, which if passed in the course of execution of t3

decree or order of a civil court would be appealable under the Uode of Civil ,Procedure, 1908 (Act V of 19@8),

to the High Court within the limits of whose jurisdiction the Tribunal - Is situate.

41. Restrictions on right of appeal in certain cases.-Notwithstandfng anything contained in section 40, where ths subject-matter of the appeal relates to the amount of a debt and such amount on appeal is less Ghan rupeee five thousand, no appeal shall lie,

42. Parties to appeals.-For the purpose of any appeal under thls Act, it shall be sufficient if only such persons as, in the opinion of the appellai.~b, are neceseary parties to the appeal for the purpose of determining the real questions in controversy between them, are impleaded aa respondents to the ~ p p e a l :

Provided that where. i t appears to the High Court a t the hearing that any person who was a party to the proceeding before the Tribunal from whma decree the appeal is preferred but who has not been made a p&g .$o the appeal is interested in the result of the appeal, the Court may ad-

1 lourn the hehring to a future date to be fixed by the Court and dirwt $ha+ such person be made a respondent.

CHAPTER V MISCELLANEOUS

43. Registration of certain societies and companies under Pndilea law.- I

(2) Whera the registered office of any society or oompany -registered before the 15th day of August, 1947, under the Societies Registraljion Act, 18fN (XXI of 18fN), or the Co-operative Societies Act, 1912 (I1 of 1912), or under any other law then in force in any Province for the registration of co-operative societies or khe Indian Companies Act, 1913 (VII of 1913), ie situated in the territory now forming part of West Pakistan but a majority of its members for the time being are reside~t in India, or, in the case O!

a company, more than thirty-three and one-third per cent of iks shares in value are being held by persons resibnt in India, the society, or oowpany, as the case may be, may apply within one_ year,-from the oommencement of this Act to the Registrar of Societies, Co-operative Sw,ietics or Companies, as the case ma-y be, within the local limits of whose

OF 19511 Displace 3 Persona (Debts 4 d j u s t m e n t ) 19 , ,

jurisdiction tho majority of the members of the governing body reside or carry on business, for the recognition of the society or company as such in India.

(2) The Registrar, after making such inquiry into the matter as he deerns fit, may either accord such recognitioii or refuse to do so

(3) Au appeal shall lie-from'the order of the Registrar under sub- eection (2) to the State Government and no order passed by the Registrru or by the State Government on qpea l shall be cdled in question in any courk.

(4) Where the Registrar accords recognition to R society, co-operative society or company, he shall cause necessary entrieo thereof to be made , in his registar and thereupon, notwithstanding anything to the contrary oontained in any law for the time being in force or in any instrumeni the sbciety or the company, as the case may be, shall be deemed to have been formed and registered under the relevant law as in force in India, and every such sociehy or company shdl, among other matters, have the right to demand and receive any moneys due to it from any person resi- digg or carrying on business in India.

44. Bar of further applications in certain cases.-Subject to the othei provisions contained in this Act, where an application mado by a displaced debtor under section 5 or under sub-section (2) of section 11; or by a dis-, placed creditor under section 13 has been dismissed, no further application for the same purpose shall lie.

45. Amendment of applications.-Clerical or arithmetical mistakes In any application or in any schedule' annexed thereto arising from any accidental slip or omission may at any time be corrected by the Tribunal, either of its own motion or on the application of any of the parties.

46. Service of notices.-Every notice issued under this Act shall be served by registered post, acknowledgment due, unless the Tribunal for reasons to be recorded, directs service in any of the other mode0 specified in Order V of the First Schedule to the Code of Civil Procedure, 1908 (Act V of 1908).

47. Effect of failure on the part of displaced debtor to disclose certain mat1ers.-Where a displaced debtor has not mentioned in the relevan6 schedule to his application any debt owing by him or any property, movable or immovable, belonging to him, whether such property is l i~b le to athmh- ment or not uliable to attachment a t all, nothing contained in this Act &all p r e v e n t

(a) in the case of the debt, t.hc creditor from instituting any proceeding for the recavelay thereof under any law for Luhn time being in force other than this Act; and

(b) in the case- of the property, from being attached or otherwisa dealt with under any such law.

48. Prdceedings not to abate on death of debtor.--Notwithstandii~g ang- thing contained in this Act, no proceeding before a Tribunal shall be deemed to abate by reason merely of the death of the debtor who is a party to the ~roceoding, and a decree may be passed notwithstanding the death and such decree shall have the same force and effect ss if it had been passed before the death took place:

20 Displaced kers'ons (Debts Adjustment) LAC? LXX

Provided that the Tribunal on an application mado in that beha.lf, shall csause the legal representative of the deceased debtor to be made a party to tho proceeding, and any person so made a party may make any dofence appropriate to his character as legal representative of the deceased debtor :

Provided further that nothing contained herein shall be deemed 'to render the legal representative of the deceased debtor liable to satisfy the decree except to the extent to which any of the assets of the deceased debtor have devolved on him.

49. Paet transactions not to be ailected.-31) If before the oommenoe, ment of this Act a displaced debtor has satisfied or discharged any of his liabilities in any manner whatsoever, such transactions shall not be affected by anything contained in this Act.

(2 ) Where the Tribunal has determined the amount dus in respect of m y debt in accordance with the provisions of this Act, any payments (including payments by way of interest) made by the displaced debtor towards the debt prior to such determination shall.be bdjusted towards t h ~ amount so determined :

l'rovided that no creditor sha.11 be called upon to refund any amount paid to him if it is found that it is in excess of the amount determined as being due to him under this Act.

50. Displaced debtor not to be deemed insolvent.-Notwithstanding anything contained in any law for thz time being in force relating to ipsolvenc~, no displaced debtor shall be deemed to be insolvent or to have been i$djudic~ted as such within the meaning of any law for the time being in force relating to insol~~ency by reason only of his applying to get his debts adjusted under this Act, and no petition in insolvency shall lie against a displaced debtor in respect of any debt iniwrred by him be. fore the 15th day of August, 1947.

51. Compromises or arrangements between banks and their debtors . not to be reopened in certain cases.--Notwithstanding anything contained in this Act, no compromise or arrangement arrived at, whether before or after the commoncement of this Act, between a displaced debtor and 8

hank relating to the repayment, discharge or satisfaction of any debt owing by the displaced debtor to the bank shall be reopened by the Tribu- nal, and nothing contained in this Act shall affect any sllch ccmpromiee or mangement:

Provided that there is in force in respect of the bank a c o m p ~ m i s e qr srrangemerit between it and its own crediiors or any class of such credl. tors which has !men duly sanctioned by the court under section 153 of Bhe Indian Companies Act, 1913 (VII of 191 3) : and

Provided further that the particulars specified in clauses (o), ( G O )

(CCC), (i), ( q ) , (r), and (s) of the proviso 'to sub-section (I) of section 60 of +$he Code of Civil Procerll~re. 19% [Act V of 1908). 8s amended by section 31 of this Act,, shall not be liable to attachment or sale in nng pmcweding against the displaced debtor.

52. Communication of contents of decrees to prescribed authority.- (I) Every Tribunal shall communicate to the prescribed authority, in suoh mahner ns may be prescribed, t h ~ amount of the prior charge declared under sub.sectiun (3) of section 16, and shd l also forward to it a, copy

e-4 I

,. D

OF 19511 Dispiaced P e ~ s u n s (DeS t s Adg'ust~q en t ) ,

of the decree passed on bhe applicatioil of a, displaced debtor under sec- . bioh 5 or sub-section (2) of section 11 and also of any order passed under . sub-sectioi~ (5 ) of sectirn 32, specifying the amounb due to the creditor mentioned therein on the tlabe 01 the order.

(2) The prescribed authwity shall scale down the debts reported to him in. accordance with sub-section (6) of section 32 and shall, subject ta any rulcs imade irl this behalf, meet the prior charge of the secured creditor in acccrdance y i th sub-swtion (2) of section 16 in B e first instance and thereafter distribute the Imlance of the compensation available for dist-ri- bution within the m e a ~ i n g of sub-section (10) of section 32 r&teablg '

among& the other decree holders whose decrees have been reported to him

Provided that in maliing :111y such rateable distributioil the' prescribed nutharity shall hove due regard to the provisions contained in sub-section . { (2) of section 33. ?

(3) The balance from the amount of the conlpei~sation payable shall be refunded io the. displaced debtor.

1 -

( 4 ) Any aulonnt paid by the prescribed authority to srly decree-holder under the provisions of this section shall, to that extent, be a valid discharge

+

of the debt due by the dis$lace.d debtor.

53. Application of the Itimitation Act.--Subjest to the other pro~.isions ?, eonhined in Ohis Act, the Indian Limitation Aot, 1908 (IIC of 1908) shall ,*,,. apply to the institution of any proceeding under thls Act, and, for the

purpose of cletermiilillg ar:cl coxputing the period of limitation prescribed Ly that Act in relation,thori+to, every application made uncler this Act shall be deemed to bo a suit for the purpose of that Act.

51. Order XXXVIII of the First Schedule to the Code of Civil Procedure not to apply.--Nothing contained in Order XXXVIII of ths First Sche- dule, to the Code of Civil Procedure, 1908 (Act V of 1908), relating to arrest and attachment before judgment, shall applg to anv proceeding under this Act.

55. Protection of action taken is good faith. -No suit, prosecution or other legal proceeding shall lie against the Governmen5 or any person, 1x1

. respect of anything dons or intended to be done by i t or him in good faith in pursuance of this Act or of any rule or order made thereunder.

56. Delegatior? of powers.---'.l!he. Central Government may, hy ~~o t i f i - ' . :

cation in t h e Officid Gazefie, direcl that ally power exercisable I J ~ t under this Act may also be exercised by such officer or - authority subordi. ' rmte to L4e Central Gt,-\7ermnunt or by the State Goverilnlcnt or by >illy . officar or authority .subordinate to the State Governmei~t as may be speci- tied iu the direction.

57. Power of Central Government to make rules.-(1) The Central Qov- el:nmsnt may, 'bv ilotificatioli in the Official Gazette, malie rules for cayry- ing cut th,? purposes of this Act; .

. (2) 111 'particular, alld w.itl~out prejudice- to -the generality of the provisions contained in sub-section ( I ) , the rules so made may provide for a.U or any of the following mhtters, namely:-

(a) f h e addibional particulws, if any, which an application undet' section 5 , should contain;

5 1 4 g 8 . * 22 D~SP~LLCCLZ 1 ' e : ' ~ o t ~ s (Oebts Adjust~)reni) [AUT ixx OF 19611

(b) th)a form in which notices under this Act may be issued; i*' ( c ) the form in which applications under section 10 or 'section B . 13 may be made,

i' (a) the registers which should be maintained under this Act; % b (8) the authorities required to be prescribed under this Act; 8 (f) the board or other autxority to which any report under sub- * c~ection (2) 0% section 18 may be made and the matters which such <, board or other authority should take into account in making its report. p 2 68. Power of State Government to make rules.-The State Govern-

r n c ~ r ~ may, k'y iiotification in the Official Gazette,' m ~ ~ k e rules providing £OF- > ,

L, (a) the distribution of business amongst the various Tribunals /

within- the St,ate; , f:

! (b) the manner in which copies of documents produced before the

$ Tribunals should be certified ; I, (c) the returns to be made by the Tribunals and the authorities 3 ,

to which thEy may be so made. F e 69. Wpeals.--Save as otherwise provided in section 36, ' the Displaced 5, Persons (Institutton of Suits) Act, 1948 (XLYII of 1948) and the Displaced t\

t Persons (Legal Proceedings) Acb, 1949 (XXV of 1949) shall cease .h apply

k to dis~~laced persons CLS defined ill this Act. i: E'

---

. .

-.----.- "--- , , . , . ' NO* LXXI 0s- 1951

.-> --

4n Act to declare certain ancient and 'historical monuments and archteological sites and remain8 in Part A States and Part I3 Staterj to be of national importance and to provide for certain matters connected themwith.

I

[28th November, 1951 ] E it enmted by ~&liament as follows !-

, 1. Shod title.-This kct m!y be oalled the Ancient and Higtorioal :~onuments and Aroheologioal Sites and Remaina (Declaration of National '

Tmportance) Act, 1951.

2. Dec1aratio.n of certain monuments and archsological sites aria gemaim to bs of nationd importance.-The ancient and historiod inonuments referred to or cified in Part I of the Schedule and the srchmo- T ilogicd sites and remains re erred to or specified in Part I1 thereof are hereby ,declared, respectively, to be ancient cand historical monuments and arohso. I ;'logical sites and remains of national importance. f

1

3. Application of Act VPI[ of 1904 to ancient monuments, etc., declared ' bo be of national importance.--All ancient and hist6rical monuments and ;all aroheeologioal sites and remains declared by this Act to be of national :<importance shall be deemed to b e protected monuments and protected :&reas, respeotively, within the meaning of the Ancient Monuments Preserva- ,tion Act, 1904, and the provisions of that Act shall apply accordingly to the ancient and historical rhonuments or arcbological sites and remeins, as the

@se may be, and ahall be deeimed to have SO applied a t d l relevant times. d

THE BCHEDULE

(8ee slectfon 2) \

A - '-----a

R PART I A

1 > Ancknb and H W i d Monumenb I f . All ancient and h i s M o d monuments in P w t A States and Part B

Price annab 2 OT @.

gi p f, p g s

oovered by Item No. I i~nmedia t e l~ preceding :- fa * - . t. , b Rerlml ' Ndme of monuhent Locality 15 NO.

E

k 1 I. Ajanta Caves . . o e Ajanta 2. Aurnngsbad Caves . . . Aurangabad &,

2 , L Daulatabad Forh and Monmnents therein (8.g. Chand 'Daulatabad

L Minar). - E b 4. Ellora Caves W

o o a e s . ELlora , 1 8. Pithalkhora Caves . .

e . . Pi:hdkhore f* 6. Tdmb of Aurangzeb . . I . IZlluldabad rr !% '7. Tomb of Malik Ambar ." Do. +- 8. Tomb of Rabia Daurani (Bibi-ka-Mnqblrd) . . . ~ u r h ~ a h a d

B D;at~ict B i b R k 9. BaibaniTombs Ashtur Q .

c PO. \Barid ;hahi Tombs . o . Bidar City

g+ 11. bidar orb . * " * . . Do. 12. Madrasa M a k u d Gawa~a . .

;< . Do.

t: Di8&3~6 a d b a r g a

& I, Is. Gulbarga Port and Great Mosque in the Fort . . Culbarga

'i a 14. H ~ f t h ~u'mb&d Tohb of ~ & o z Shah . Do,

is 15. Char Minar . . . . . . . . Hyderabad C1t.y E 16. ,Golcondg Forb and Tombs . . . Coloonda Z

19. N~gnath Tdmple . . . . . . Aundhtr - *

Dise?<ct Raichu~ 18.Ala'mpurTemples . . . . . . A!ampur 19. Mrtbadev Temple . . . . . . . Ittagi

A ' . ~ & t r i c t Warmgal

A 6 I

I d *< i 20. RdmappnTwmple . . . . , Palampot

i $ 3 21. Thoisand Pillar Te'mple . . . . . Hans'mlronds {

*

22. Warangal Fort, Defences o,nd Gateways = . Warangai - - ?@

Do. 4

: -----. 9 1

P I ;518 1~ 4 Ansient and Histo~icnl Monuments and Afchceologicd [ACT Lxxr

Sites and Remains (Deola?'atio~z of Nationaz Importance) t L ,

Serial. &me of monument 1 , Locality No. ......

MADHYA BHARAT STA~--cmtd. k. b Dietriot Dhw-oontd. $ 60. Hathi Mahel * , . . , . - . . , Nandu . . . . . . . . . 51. Hindola Mahal h Do. 8~ 62, Eoshang'stomb . ' a . ' . , i:

Do. 5. 63. JahaaMahal . . . . . . . rho $ 64. Jahangirpur Gate .' . . . . . . . Do. V . . . . . . . . F . 66. JamaMasjid Do.

. . . . . . . . . 1 66. Kali Baodi Do. h g . 64. Kapoor Talao and the &ns on its banks . . Do. ti . 6S. LalBag . , . . m a . . : Do. F . . . . . . . . 6 69. LalBungalow Do. . . . . . . . . . . 8 60. Lahani Caves Do, $ . 61. LohaniGate . . . . . . . . 00.

I 62. JaliMahal . . . . . . . . Do. 63. Nahar Jharoka . . . . . . . . [ ' Do. 64. Mahmud'stmb . . . . . . . . Do. &' . . . . . . . r p 66. MalikMoghi'sMosque. Do.

r Er . . . . 66. Mosque near gopi Tanka . *. Do. p 67. Mosque near Tarapur Gate . . . . . . Do. & . . . . k 68. Mosque north-west of Daryakhanls tomb Do. . . . . . . . . %, 69. NamelessTomb Do. . . . . . . . . k 70. NamelossTo&b Do. g . . . . . . . . 71. Nameless Tomb Do. C . . . . . . . . I 0 : 72. NamalessTomb Do.

73. Neelkanth . . . . . . . . . F Do. , e74. Rampol Gate and the Mosque oppasib to it . . Do.

b . . . . . 75. Royal Palaces . . . . DO. a . . . . . . . . . C 76. RupmatiPavilion Do.

74. OaravanSarai . . . . . . . . f Do. . . . . . . 98. Sarai near Daryakhan's Tomb DO.

[ - 79. gat Kothai Cave . . , : . . DO. I ? I I . 80, SomotiKund . . - . . . . DO. i b . . . . . . . . 6, 81. Songarh Gate Do. . . . . . . . . E 82. TarapurCate Do. ?> 8 . . . . . . . . 83. TeveliMahal Do. r g 8,4. Tomb and Mosque attached . . . . . . DO. L

85. Tomb north of Almgir Gate . : . - . . I 5 Do. P . . . . . 86. Tomb north of Daryakhan's tomb ' Do. J L

. . . t 87. Tower of Victory a . * . . Do. ,[ . . . . . . . . . 88. TripoliaGate Do. i X t . . . . F . 89. UjaliBaodi . . - . . Do. 4

. . . 2 90. WaterPalaoe . , . Do. b

1 Y 91. Bhoja Shala and Kamal Mrtula'e Moaque . . Dhar #

b 92. LatkiMasjid . I s . . DO. 8

I? * t :

,' OF 19511 Ancient and Historical Monuments and A r c h c e o ~ o ~ i c u ~ Bites and Remains (Decla~al ion o f Nutional I m p o ~ t a n c a )

Serial Name of monument Looality No.

XADI~YA BHARAT S T A T B I - ~ O ~ ~ ~ . 4 ~ ~ i s t ~ i c l - s A ~ . . . . . . . . 55. MahadevaTemple ' Amrol

96. Tila Monument . . . . . . . .

98. J ~ i n T e - n p l e s l t o 5 . . . . m a . Endhi Chander 99. Chanderi Fort and:

Bada Madarasa . . , . , Chandsrl . . . BattisiBaodi . . a . a Do. - BadalMahalgateway . . . . . , a Do .. Jame Masjid . . . . . . . . Do.

Kati ha ti . . : . , . Do, . Koshak ~ihhel : . . . . . . Don Nizam-ud-din'stcrmb ,. . . . . . a Do, Shhajadi-ka-Roza . . . . . . . DO.

100. Mohajamata templa . , . . TerrtM.: I

101. Monastery . . . . . . . . . Do. 102. Torana gate . . . . . . . . . Do. 103. hlonastery . . . . . . . . . Kadwahe 104. Temples 2 to 7 . . . . . . . . Do. .

- & e ~ a t i o - ~ d

District Kkrgons 106. Ballaleshwar . . . . . . . Un 107. Chaubarrt Dera . . . . . . . . Do. i 108. Guptsshwar . . . . . . . . . Do. 109. Jain temples 1 to 3. . . . . DO. i . . . . 110. Ts~nples ofhlahnknlashwkr 1 i d 2' DO. -I 11 1, Templo of Nilakanthe~hwar . . . . . . . . Do.

2

DiatrCot Manhaor 112. Brahmanioal Rookcwt temples. . . . . . Dhttmnap 113. Buddhist Caves . . . . . . . . , Do.

j

114. Nau Torana temple . . . . . . . IChor 1 116, Yasodhar~can's Pillars of Victory [30%dni

I . . . . . 1

District Mwrena

116. Elrottarso Mahadeva Cemple - . . . . . . . Mitaoli 117. Gadhi . . . . . . . . . . Padhavli 118. Kakanrnadh temple . . . . . . : . Suhnnia !IS. Tahple . . . . . . . Padhavli 120. Temples 1 to 22 . . . . Naresai

J

. a , . ,<g ''

$j V f Ancient and H i , s t c , ~ . i c a l . . M o n ~ n t s , and ~ r ~ h ~ e o l o g i c a l , [ A & - t

Sites and R e m a i n s ( D e c l a r ~ b o n . of . N a t i o n d Impor tan t e ) y 1 j --. --

. , .$ N m e of monumsut . . . . Loodiity . . :I -- No. , , -- . . .--

4 . . . . . . . . MADHYA BH&AT ~ T A T E - C O ~ C ~ ~ . .- . . . .

Dietriot ~ivapzcri i t t . .

. . 121. Large Shiva temple . . . . . . . . 6 Mihua . . j

122. Sm%11 Shka temple - . . O e . e . s Do, 1 . Ranod j

123. Mona,stery . . . . . . . : . . . . i

. . $ 124. Monastery . . . . . . . . . . Burwaya . . . . . . . . . . . . . . 126. . open air muse& DO. , ' !

. . ,

126. Shitra ternple ' . . . ., ., . e . * . ' P o " ,

. . . . . . . . . . . 127. Smmaya Gadhi . DO., . , i MYSORE 'STATEI I

Diet.r.kt Bangahre . . . . . . . ;: . . . : 1. ~ ~ r e r n 6 ~ a s ~ a m i Temple Malurr , . 2. Ashurkhana . . , . . . . . .. I)oddaballap:ir

3. Cenota.ph . . . . . . . . . . . . . Bangalore . . . . . . . . . . . . . 4. Old. Dungeon Ford and Gatee Do. - - '

5; T$U- sultan!^ Pala.00 , . - . - . . . ,Do. . . . . . . . 6. Fort .DevanahaUi . . . . . . . ,

' 7. Tipu Su1tan;'s B"lrthplace . . . . . . Do. . , ' -

, . . 10.' Asoka inscriptions . . Brahmegiri '1 I. Fortress and temples on the hill . . . . . Chitaldrug

. . . . 12. Etariha~esvaratdmpl~ .' . ' . Harihar ? 13. Insoription and Jatingi, Eameswar temple . . Jatin i Ramosvara

\ ~ i l f 14. Banthebagilu and Rangayyanabagilu with preserved 1 Chitaldrug

jl bastions, Diatrict Hashan

. .

Adinathe Basti . . . . . . Roysalesvara temple . . . . . . . Kedaresvara temple . . . . . . . ~arsvani tha Basti . . . . . . . . .

. . Santhinatha Basti . . , . a . . Akkana Basti . . . . . . . . . . . . . Chandragupta Basti Chavundaraya, Basti. . . , * . . Goknatesvara - . , . . . . . . . Inscriptions . . . . . . . . . ~arsvamt.ha Basti . . : . . . I . Buohesvara tpmple , . . - . ., . Fort and Dungeons . . * * a . . . . . . . Isva,ra te;mple . . :

. . . K~lya ,n i , ; . . . • . . . .

. . . ICesav:~ t31nplo and irlncripii~,r,? . .

El Jobid Do. DO. Do.

. Do. Sravanabelgolo, ,

DO. Do.

'Do. Do. Do.

Koravangala Manj&abad Arsikere . Hulikbra Rnlur

Lcoality , .

, . , : Doddagaddavalli , , ' - . . ~ Nuggeha,lli . . . ,

. . , s D o . - -

. IHolar -. . ,

4Ce somesvara temple . . ._ . . .~ - . . Do. ‘ 40. Ramabngesvara templea and inscriptions . ,

District sore 48. Gmisvara ,temple . 49. Resasra temple . . . . Somanatha.pur

, . Talkad' .

. . Basra1 . . . Narasamangala

56. Sidlu Mallikariuna te.mple . . '. . . , Bettadapnr

District M~ndya

. . * ,p . DO.

. . . .. . Hoseolaln . .

. . . . Sindhaghatta , . -&lelkote'

. . . . . , . ~ambadahal i i .. '. ~ov&da.&hdli

iaz r:

d b Ancient an; ~ i s t o d c a l G o n u m e n t s and ~ d z a o t o ~ ; ~ a i [ACT I,XU r

s i t e s and R e w ~ a i n s (Declarai ion o f Nat ional l m p o l . t a i ~ c e ) i s $ y. .... 3. .

i 5%:.

g+ -<.- , C.. g:. r. 5'' ;' v . l ,> .

g '%' gj ;jr a-. g ' . t,.t:. g:

g:-, '

f;;: g,: L?::

g . &'<, N. g . . G< F; & :? ; ii

iy P I.'< ,

E' E. 1,:. . $; . '

i.,. g, i:.. . .

:f;; ti. :-. ". r -. #i. <: ,- .

:* , * $'. g;,: &; . , s::. 6' ,%..

8: .. p: ~ !.:

g. $? i - , C- 3.- I" I C: E .. $$

i_ . LI .. (5. i; : * .. 2;. . C.; p. .. ~.:. .

Serial Name of montllnent 1,ucality xo.

Aghoresvara temple * . . . z . . . . . . . . Anekaltemple . . . . . . Sonlesvaratemple . . . . . Trihurthinarayanatemple

Bastis and inscriptions . Bhernndesvara temple .* . _. . a,

Kedaresvara temple . .- Tripurantesvara temple . Devaganga ponds . . . . Fort . Fort . . . . - .. Fortress and Renuka temple . , . Inscribed pillar . . . Xnscribcd pillar , . s t

Pranavesvara temple . . , Jain b s t i with Brahmadeva Pillnr . . . Kaitabhesvara temple Parsvanatha Basti . . 0 .

Ramesvara temple ,

Mallikarjuna and Rarnesvaro, temples Musafiskhana andJ3onda . Palace site outside Fort . Ramesvara temple . Ramesvara temple . Shahji'stornb . ' .

Shivappa Naik's fort . Temples and inscriptions .

Ditto. - .

Ikkeri . Bandalike " Do. . no. . Runcha , Eelgavi . Do. . Do.

Rasavaneb yane . Chennegiri . Kavaledurga . Chandragutti , Malavalli . Talaqunda , Do. . Melsgi

s, . . . Kubatur . Do:

. . DO.^ . Kadkn.lsi

. Santhobnnnur , Nagar . . '

. . , Kelndi , ' : Kudll . Hodignru

Nagar .a ljclvi

Kuppzgadds

103. Channigaraya temple . . 'ralaguppe i

104. Fort . . . e . . Madhugiri 106. Jumma Masjid . . . Sira 106, Mallik Eihan Darga . . . a ,.Do. 107. Kedaresvara temple . . . . Nagnlapura

I B

108. Oneunakesava temple . . . . . . . 30. I 3

~ A T ~ A L A AN'D EAST PUNJAB STAPHIS UNIO& - , 2-

g . District Bhartindo . . . s

I 1. - Bhatida fort 'a . . . * , Bhatinda 1 $

Eatriot Ha~adaghat $6 5

. . . . 2. PiGaur gardens and monuments of Bidd Khan Pinjaur $ s

. . . . :. Gumbed Khan-i-Dane . . . . . . d w a t . # . . . Ze Siva temple . . ' . . * ~ * . . Do. @

#

OF 19511 A7zcient and I l is to~ical Monuments and Arcl~aeol.ogical 9 Bites and Remains (Declaration, of National Impo~ tanc t l )

Serial Name of monriment Looality : No.

gg Dishict Banewara

3. Nee1 Kantha'Mahadeva's temple . . . , . : . Bansware ~,

4. Siva temple And ~ u i n s . . : . . . Arthuna 6. Srin temple . . * . . . . s T a l k r e ' .

5 District Bharalpur

6. Alrbar's Chhatri . . . . . . Bayaria 7:- ,Ancient Fort with its monument^ . , . . Do.

', 8. Brahmabad Idgah . . Do. 9. Islam Shah's Gate . . , Do. 0. Jahltngir's Gateway . . . Do. 1. Jhajri . . . . - . . . . Do. 2. Lodhi's Minar, . . . Do. 3. Sarej Sad-ul-lah . . , . Do. 4. Usha Rfandir . . . . DO:

16. Chaurasi Khamba temple . , Kaman 16. Colossal image of Yabha . . Noh 17. Deeg Bhawans (palace) . . . . . Deeg 18. Looted Gun . . . . . Do. 18. Marble Jhoola . . o . . . Do. 20. Delhi Gate - . . . ~haratprir Fort

(outside) 21. Fateh Burj nem Anah Gate . . . . , Bharatpur 22. Jawahar Burj and ashtadhatu gateway . . . . Bhaxatpur Fort

(inside) 23 LalMahal . . . . . . . . . Rupvm

s ) . ,,- - Dietrict Bikaner'

rP

74. Bhandaaar Juina Temple . . Bikaner ,'5. Fort Bhatner . , - Hanumangarh !a. Jain temple of Susani Goddess . . i . Morkhena village /7. PaUu Jaina sculptures . . Bikaner

' 28. Wall paintings of Hardoti school in the palam Bdndi A

A I, Dislrid Dholpur 4 * .

t49. Jogni Sogn* temple . Dholpur '$0. Sher Garh Fort . . . . . DO.

' 31. .lain& temple inecription Baroda 32. Bolun~th temple . . + Dev Sotnnath

Dtktricl Jaipur

33. Banjaron ki Chhatri containing two pillars similar to Lalsote . the railing of Bharliut stupa.

34. Beori . Abaneri . ,35. 4 m a t Mata-ka-Mandir . . Do. L A _ _ _ _ - - -

.,

r i F- 10 Aitcieizt ant1 H i s t~r zcu~ ' Monz~nzertts ancl Arclzutcoloyical [ACT LXXI

L Sits8 ancl lZsmnins (Dtcclaratio~z o f A'aiio~zal Irr~po~~taizr;e) .

Berial Name of monument Locality No.

, , * , *

R AJASTHA~ STATE-~0ntd. District J'aipur--contd.

. _ 'Fndar+ i in ineh 1

87. Kala Puhar temple . .I . Do. 88 Kalyanraiji's temple . DO. ae- . ..,

mpla___,_--- -.

40. Pipaji's temple (near dispemary) . Do, 9, i '41. Bisal Deoji's temple . . Bisalpur ~ 2% $%

42. , Fresco paintings in the Ambar Palaces (personal property Ambar of the Maharaja).

43. Harehnath temple . . I . . Harshnath-Sikar 44. Jama Masjid . . Ambar 46. Laxmi Narainji's temple . . Do. 46. Sri Jagat Siromaniji temple . . Co. 47. Sun temple . . . Do; 48. Hathi Batha . Kakore 40. Inscription in Fort . . . . , Nagnr 60. Mand Kila tal inscription , . . . . . DO. 61. ' Yupa pillarsin Bichpuria temple . . . . DO. 62 ln;cription . . Panwar 63. Jain temple ' . . Sawai Madhoprlr

Alanpur 64. Persian i&cription in a Baori . DO. 66. Punderikji ki Haveli-Painting; in u, room . . . Brahmpure 66. Ranthambhore fort . . . Ranthambhore 67. Temple containing Fresco paintings . . . Cultaji 68. Yupa pillars recovered frdm mounds . . . Barnala

i " ' i ; 69. Fort including anoient temples . . . Jaisalmer < .

Diafrict Jhdawas r'

60. BuddhistCaves . . . . . . 61: Buddhist Cavee, Pillars, Idols . . . . 62. Buddhist caves and pillars . . . . . 63. caves of Naranjani, Btc. . 61. Old temples near the ~handrabhags . . .

District Jodhpur - 66 Fort . . . .

District Karauli

66 Wall paintings in the palaces of Maharaja Copal Lal District Kotah

67. Old templea, etatues and inscriptions . . . - 68. Siva tem.ple ahd two unpublished Cupta inscriptiohs

69. Temple (12th cantmy). ; . . . ..

. Hathiagor . Kolvi (Dag) , Binnayaga (Dag)

Do. . Jhalrapatan i

i ' . . Karauli . r

52 5 P 195J1 Ancie~z t a ~ z d Historical M o n u m e n i s a ~ i d Arctiasologicat 11 - <$; ,

S i t e s and R e m a i ~ i s ( D e c l a ~ a t i o n of National Impor tance) - ?' Serial Name of monument . Locality ; No. - -

\ 70. Temple, fort wall and statues . . . . I . Dare or Mukandara

f , 71. Temple w ~ t h inscriptions . . . . Kanswa '* 72. ~ u p a pillars . . . . Badvn.

P-. Forb of Iiumbhalgarh as a whola .

I . -*. . - 3 i j h d l t - * . .

- ? G h h m ( 1 2 t h q f - ~ . - D Sas Bahu temples . . Nagada

SAUBASIITRA STATE P F,C> ,

1. Ananteshwar temple . . ,\: . , .- . An$pur 2:. 2. &ho%an Rock . . . . . . Junagdh

. < . C o p ' .

dir Porbandar . . . '

. .

2; 13. ~ a v l a k h a temple. . . . . . . . - . Sejakpur z: .*-. !:. . *.--.. . -'-id, - 16. Nilalrantha temple . " . . . Anmdpur

: 16; .*~indara, Durvasa Riehi's Aehram-and its site . . Pindara a -

18. Ranak Devi'a temple . ' . Wadhwan - 19. Sun temwle Than -

y ---4&%p&4~ vd 21. Talaja Caves . . Takaja F-' ~ h e t m n j ~ - Z W > % 4

ncient and Historical Mo?zuments and Archmological ' [ACT LXXI~ 'and - R e m a i n s ( D ~ c l u ~ u t i o n o f National, I m p o ~ t a n c e / ) . .

Name of monument Locality

.--A

T R A V A N ~ ~ R ~ - C ~ C I H I N STATE ~ i s t r i o t Trkhzvr '

. i, ,Mural Paintin4s (16-17th Century7 on the wallg of the Ten- Trichur Kailasanatha temple.

2. Mural Paintings (16-17th Ceqtury) bn the walls. of the ~at tanche 'r i town , hlattancheri Palace . ,.

3, Mural Peintinga (16-17th Century) on th'e walls o f t he . Thiru-~anchilrulem Siva Temple . I - )

4,. Mural Paintings (17th-18th Century) on the walls of-the Sri- Eyyal .

koil of the Siva Temple a t Chemmanthatta. -

6 ., Mural. Paintings on the walls of the Srikail o f the Pallimanna ~adakl rnncher~

intings on the walls of the Sriramaswami temple , , Triprayar a t Triprayar.

7. Mural Pabtings ofthe 17th-18th century qn the walls of the Oorakem Srilroils of the Siva T6mple a t Peruvanam ; and wooden bracket images'of a still earlier period on the Srikoil~ of the same shrine. e

8 Twenty.nine.wooden bracket images on the outer whlls of Katavallur the Srikoil of the Vishriu temple a t Katavallur and other works of apt in the same shrine. ,

- -=

Archsological sites and remain8 I. All atchzeological sites and remains in Part A Statos and Part I!

States which; before the commencement of this kct,ha, by the Centrd Government to be. protected areas or which have beon taken possession of by the Central aorernnient a s protected areas; .

11. The following archaeological sites and remains covered by Item No. I immediately preceding :-

Name of archasological site or remains, -

. , . . Paithan

bisll ict Uulbarga - . 2. . Prehistoric site . . . . . . . .

3. Ditto . : .. , . . ' . . . . Rajanlrtallur

. . . . . . . . . 4. Ancieutmour~d l~ondspur District Raiohur .

. . . . . . . . 6. Ancient mound . Isopbal 0. Ancient mound . . . Maski 7. P~h i s t~o r i c site . . . Beukal

District Wmrangal . . . . . . . 8. Trehistoric site . , . . Janampet

r3, '3 s ,

:& F,, 527 <

P 19511 Ancient a d Histo~zcat Monzi?rlents and Archueologicut . 13 Sztes and R e m a i n s (Declaration o f National Importa7zce) I

-. .- . , - !

Beriel Name of arohaologic&l site or remains Looality NO. -- -- -

M A D ~ A BHARAT S T A T ~ District B/bilscs

1. Anoient site . Beenagar 2. Buddhist etupa . Gyaraspur !

- 3. Ruins of Gupta temple . Ud:ygiri

District Dhar

4 Ruins in Bhoipura . Mandu 8. Ruins on the west of Rewa Kund . . DO.

District Newar

6. Excavated site . Kasrawad

District Gird

7. Ancient site . Pawaya

District Ujjaiqa 1

S. Anoient mounds, viz., Bhairon: Gadh, Vaishya Tekri, Kumbhar Tekr . 4 . . . UjjaiA

Dbtriot Bangalore

1. Prehistoric site . Chikjala ,

2.' Ditto . . . Hejjala 3. Ditto . . Menagondana-halli 4. Di*to . . Sevandurga

\

Dietrid Chitayug

6. Prehistoric site .. . . . . . Brahmagiri .

6. Ditto . . . . . Chsndravalli

District Kolar

7. Prnhist,oric site . . . . . . Hunknnda

District Zysore

8. Prehistoricsite . . . . . . . . IZittur

1. Ancient remains . . . . Pandrupol 2. ~ n c i e n t site . . . . - . Bhaugadh

Uialrkt Banawarca -8. Anoient remains . . Vithalll)eva

4. Ancient Mound . . Malah 6. Ditto ". . . Noh

-

525 * ,

14 . Ancient a7zd His to~ical Monuments atzd A~chreological [ACT ~ x x i Sites and Remains (Decla~atiotz of National I?npo~tance)

Serial Namo of archaological sita or remains Looality No. -

Ancient mounds . Ditto . Ditto . . .

town . . ' . . . a , .

Ditto . . . . . Ancient mounds (3) . ' . . . Ailcient mound . . ' . . .

. 1 . . . . . . of Suratgarh

Badopal Bhadr~kali Bhannar Theri Dhokal Manak Munda Peer Sultan . Rang Mahal Kalibanga Pilibanga

16. Ancient mound . . . . . . Bqor (Anupgarh Tahail)

17. Ancie~it inounds (2) . . . . . B~njor (Anupgarh Tahsil)

k . 18. Ancient mound . . . . Chak86(Do.) L&: \ . . . . . . , 19. Ancient mounds (3) . Mathula (Do.) b, $0. Ancient mound . . . . . . , . . ~arkhinewala-~erb . E (Do.) t Diatrict .B.undi 8

. . . . : $1. Ancient mounds . . . . Nainwa, Lakheriand ,>*

Keshwerai Potan '.

$: . District ~ a i p u r p:.:. ,C ~

8

.$!> . 22. Ancient mound . . : . , . . Abaneri g:. $9. . . . . . . . . . . . . ,:~. C.? 23. Ditto Bundwali-Doongri

. . . . . . . . . 5: 94. Ditto . , . . . . Carictg~rh (Newei) g i : ' . . . . . . . . . . . . $? 16. Ditto a

. Maheshra + g , . . t 6. Ditto . . . . . . Nagar

F.. ' 17. Ditto . ~ . . . . . . , Raniwas ,

k - 28. Ditto . . . . , '. . . . .S ikra i ' , . i . &. . Jhalai ' . . . . . c: 29. ~ ~ v a ~ u r a ~ a r o d i a mounds . - -. .. . -

; @; 1 g . . . . . . 30. Excavatifd site . . . . . . . ~ a ~ r t r - ' '$

, & . . . . . . . . 31. Ditto Rairh (Newai) 4 . , 9 i >;. 1 f::. ..&- 32. ~xcavated sites . . . . Bairat and Gambhar !

. . I & - .District J Q ~ S Q lmer f . . . . . ' &. 33. Ancient site . . , Lodruva Patan / ii 5 I @ > . , . Disbrict Jhalawar 1 , $;. 34. . Anoient ruins . . . . . . . . . . . Dalsager

C

$ . . ! Ganga Dhar ?. / '6 $ i 3.. . . . . 36. ' Ditto . . . . DudhJiya.(Dag) 4 t.

f?" -8 i k, District Kotoh s9 I e.:,. .$+

bx . . . 3 ~ . Ancient ruin8 and structural romains . . . ~<riahnavilnu . . . & ; B,:, ; f: .

3,i. Euins of tdmplev .' . : C; . Artu or Caneah g , r..;. > Ganj 9 : 2; ~ i s t r i c t ~ ~ d ~ i p u r . S' ; vs. .. P :, , .. $ i p 38, Ancient ruins . .,. . . Kalyanpur : 5; 39. Ditto . . ,. . ..... . . . Nagari

f::, : 8. -98,. ----T- . . . . . - .dvG--jxsx 5 i * . . ; p . - , .. i ?..:. z d d . 4 . M 7 0 6 / F ~ 6 , 5 . 2 . , ' .

.> z . t I 8

! . * ' . . I ! , : ,

/ '529 19511 Ancien t and Historical ~ l o n h r n e n f i s and Arcluz?logical 16 -

. Si tes arzd R e m a i n s (Declaration of. National I ~ n p o ~ t a n c e ) 2

Serial . Name of arohaological site or remains Locality No.

b - . - SAURASHTRA STATE

v- . . -P

Ditto . . . Entwa Ditto . . - . Rangpuf

4. Ditto . , . . . . Sejakpur '6 Ditto . - . . fralabhipur

1. Ariyannur Umbrellas. A &historic site consisting of seven or more Kudakale or umbrella stones.

2. Burial cave of Chovannur . 3. Burial caves of Eyyal . 4. Burial cave of Kandanesseri ' . 6. Burial oave of Kattaliampal . . . ' . 6. Burial oave of Kakkad . . .

- 7. KudakaUu Pararnbu. A prehistorio site oonsisting of 60 to 80 Kudakals or umbrella monuments.

Ariyannur . Chovannur Eyytil Kandanasseri .

ICattakampal *

Kunnamkulam Chorarnanagad

THE CONSTITUTION (FIRST AMENDMENT) ACT, 1951

An Act to %mead the Constitulion of India. 110th June, 19511

BE it enacted by Parliament as follows:-

1. Short title.-This Act map bc called the Cc~~stitution (Fvst Amend- ment) Act, 1851.

2. Amendment of article 15.-To ,article 15 of the Constitution, the lollowing clause shall be added:-

"(4) Nothing in tEa article or in clause (2) of article 29 shall prevent the State from rnaking any special provision for the advancement of any socially and eclucational!y ba,ckward classes of citizens pl

or for the Scheduled Castes and the Scheduled Tribes."

3. Amendment d azticle 19 and validation of certain laws.-(1) In I I

, article 19 of the Constitution,- 1

(a) for clause (2) , the followiiig clause shall be substituted, and the said clause shall be deeined always to have been enacted in tha .

, fol!owing form, namely : -

"(2) Nothing in sub-clause (a) of clause ( I ) shall1 affect the operatjoi~ of any eslsting law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.' ( b ) i~ clause ( G ) , for tho words beginning with the words "nothing

$n dhe said sub-clause" and endlng with the-words "occupation, krade 3r business", the follawing shall be substituted, namely : -

"nothing in the said sub-clause shall affect the operation of any existing navr in so far as it relates to, or prevent the S t 3 t ~ from making any law relating to,-

(i) the professional or techiiical qualificatiaesq necessary for practising any profession or carrying on any,\oocupation, trade or business, or

(ii) the carrying on by the State? or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizear or otherwise. "

532 ,

' 2 Constitutinn (First Ambndmcnt)

(2) No law in , force in the territory of Iildis immediately before the ' eomu~r~ncement of -the Constitution which is consistent. with the provisi~ns

Bf articll3 I-(! of the Constitution as amended by sul>:section (1) of khis'section . shall be deemed to be voia,, or ever to have become void, on the ground

shly that, being a law which takes away or abridges the right conferred by sub-clause (a) of clause (1). of the said article, its operation > v ~ s not a a v ~ d by <citiuse (2) of that ariicle as originally enacted.

~zpl&zation.-~n this sub-section, the expression "law in force" has she same meaning as in clause (1) of article. 13 of $he Constitution.

4. Insertion of new aseicle 8lA.-After article 81 of the Constitution, fhe'following article shall be inserted, and shall be deemed always to have beer1 inserted, namely :-

"31A. ~aving'of laws providing for acquisition of estates, etC.- (1) Notwithstanding anything in the foregoing provisions of this Part, no law providing for the acquisition by the State of any estate or 01 an3 rights therein or for the extinguishment or modification of any such rights shall be deemed to be void on the-ground that it is inconsistent with, or takes away or abridges any of the rights conferred by,

' any provisions of this P a d :

Provided that where such- law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unle3s such law, having been reserved for the consideration of the President, has received hie assent.

(2) I n this article,- (a) the expression "estate" shall, in relation to any local area,

have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area, and shall also include any jugir, inam or muafi or other similar grant;

(b) the expression "rights", in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietok, under

proprietor, tenure-holder or other intermediary and any right8 or privileges in respect of land revenue." ,

I

6. Insertion of new article 31B.-After article 31A of the Constitution M inserted by section 4, the following article shall be inserted, namely :-

"31B. Validation of certain Acts and &egulations.--\Vlthout prejudice to l h e generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in fol'cc."

6. Amendment of article 85'.--For article 85 of the Constit~~tion, the Pollowing article shall be substituted, namely:-

"85 Sessions of Parliament, prorogation and dissolution.-(1; The President shall from time to time summon each House of Parliament to meet a t such time and place as he thinks fit, but six m o n t h shall

-

I

Co?~stitutzo?z (F irs t i l m e n d n l e n t ) 3

not interveile bet\veen its last sitting in one session and the date a p p ~ i ~ t e d for its first sitting in t.he next session.

{E, The President may from time to time- e

(a) prorogue the Eouses or either Houso; ( b ) wive the House of t'ne People."

'7. Amendment of article 87.-In article 87 of the Constitution,-

( I ) in clause ( I ) , for the words "every session" the words "the first session after each general election to the House of the People and a t the cornmencernent of the first session of each year" shall be substituted ;

(?) in clause ( 2 ) , the words "and for the precedence -of such diccutsion over other business of the House" shall be omitted.

8. Amendment of article 174.-Pol article 174 of the Constitutio~, the following article shall be, substituted, namely : - '

"174. Sessions of t h e Xtate Legis lature, prorogation and dissolu- tiom.-(1) The Governor shall from time to time summon the House or - eack House of the Legislature of the State to meet a t such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

(2j The Cfoverrlor may fro111 time to time- (a) prorogue the Rouse ?r either House; ( b ) dissolve the Legislative Assembly. "

0. Amendment of article 176.-In article 176 of the Constitution,-

( 1 ) in clause ( I ) , for the words "every session" the words "the first session after each general election to the Legislative Assembly and at the commencemei~t of the first session of each year" shall be dubstituted ;

( 2 ) ill clause ( 2 ) , the words "and for the precedencz of such discusbion over other business of the House" shall be omitted

10. Amendment of article 341.-Iu clause (1) ub article 341 of the Cons$itution, for the words "may, after cons~~ltation with the Govenior or Rajpi.amulrh of a, State," the words "may with respect to ally State, and where i t is a State specified in Part A or Par t B of the First Scheilule, after cor!sult:l.tio~z with the Governor or Rajpramulrh thereof;" shall be gubstituted .

11. Amendment of article 342.-In clause ( 1 ) of article 342 of the Oonstitution, for the words "may, after consultation with the Governor or Rajpramukh of a State," the words "may with respect to any State, alld &ere if, is a Sitate specified in Pert A or Part I3 of the First Schedule, after consultation with the Governor or Rajpramukh thereof," shall be substi- t l l t ~ ~ l

2%. Amendmelat of article 372.-In sub-clause ( a ) of clause (3) of article 372 of the Constitution, for the words "two years" the words "three years" fiball be substituted.

13. Amendment of article 376.-At the end of c1a;se ( I ) of article 376 of the Constitution, the following shall be added, namely :-

, "Any such Judge shall, notwithstanding that he is not a citieen

of India, be eligible for appointment as Chief ~us' t ice of such High Court, or as Chief Justice or other Judge .of any other High Court."

B 14. Addition of Nitith ~chedule.-After the Eighth Schedule to the

Jonstitution, the following Schedule shall be added, namely :- w

- "NINTH SCHEDULE

- [ A ~ t i c t e 31R] 1. The Bihar Land Eeforms Act, 1950 (Bihar Act XXX ~f 1950).

2. '!'he Bombay Tenancy ti~zd dgrlcultural Lands Act, 1948 (Bombay Act . LXVII of i948).

3. The Soinbay Afaleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949). I

4. Thc Bombay Taluqciari Tenure Abolition Act, 1949 (Bombay Ack LXII of 1949).

5. The Pailch Mahals Mehwassi Tenure ~bol i t ibn Act, 1949 (Bombay A00 LXTTI of 1949)

6 . The Bombay Khoti Abolition Act, 1950 (Bonzbay Act V I of 1950). 9. The Bombay ?aragana and Kulkarni Watan AbclitJion Act, 1958

I (Bombay Act LX of 1950). 3. ?'ha IJadhya Pradesh Abolition of Propsietltry Rights (Estates, Mahals,

Alienated Lands) Act, 1950 (bladhya Pradesh Act I of 1951). ,2, 'I he Madras Estates (Abolition and Conyersion into Ryotwari) Act,

1948 ja4adras Act )iXlrl of 1948). 10. The Madras Estates (Abolition and C o n ~ e ~ s i o n into Ryotwari) Amend-

ment Act, 1950 (1Uadras Act I of 1959). 11. The Uttar Pradesh Zamindari Abolition ,and Land Eeforms Act, 1960

(TTttar Pradesh Act I of 1951). 12. The Hyderabad (Abolition of Jagirs) Regulation, 1358F. (No. LXIX

of 1858, Fasli) . 13. Th IIyderabad Jagirs (Commutation) Regula~tion, 13591". (No. XX

of 1359, Easli). "

535

TABLE

SHOWING THE EFFECT OF PARLIAMENTARY

I LEGISLATION OF 1951

Part I.-Central Acts ~epea'ed, amended or otherwise a.PPected. I

No. and sec- I fion of 1951 Act by which affected

Caste Disabilities Removal Long title and preamble 3, s. 3 and sch. 3850 1 XX1 1 Act. and s.1 am. S.2 ins.

XLV

xxv

Any law corresponding to Indian Fatal Accidents Act, 1855, in force in any of the Part B States immediately before the 1st April, 1951.

Any law corresponding to Caste Disabilities Removal Act, 1850 in force in any of the Part B States immediately before the 1st April, 1951.

Indian Fatal Accidents Act, 1855.

Indian Penal Code .

. Rep. with saving .

S. 1 renumbered. ins.

Any law corresponding to Indian Penal Code, 1800, i r ~ force in any of the Part B States immediately before the 1st April, 1951.

Press and Registration of Books Act.

Rep. withsavi~lg . I " India" subs. for " the

States" throughout Co- de.

Preamble, ss. I , 124, 131, 139, 294A and 336B am. in part. S. 18 am. Ss.17, 75 a.nd 216 rep. in part.

Any law corresponding to Press 'and Registra- tion of Books Act, 1867, in force in any of the Part B States iinmedia- tely before the 1st April, 1951.

Indian Divorce Act

I

Rep. with sa,ving . ' .

1869

" India" subs. for " the States" throughout Act. S.l am. and rep. in pxrt. Ss. 4 and 8 an-. in part. . i

IV

s. .S and soh.

s. 3 and c ch.

s. 3 and sch.

Rep. with saving . . 1 3, s. 6.

Long title and ss. 2, 3 and s. 3 and sch. 17A am. in part. I

9 M of Law.

536

Part I.-Central A L ~ S repealed, a~nendecl or otherwise affected.

sear of I

Act. No. of Act "

Short title of Act How affected , No. and sec

tion of 1951 Act by whicl affected

Indian Evidence Act

1

Any law corresponding .' to Indian Divorce Act,

1869, in force in any of the Part B States immediately before the 1st ' April, 1951.

Any law corresponding to Indian Evidence Act, 1872, in force in any of the Part B States immediately before the 1st April, 1951.

Rep. with saving

" India" subs. for " the States" throughout Act. Ss. 1,3,37,79 and 86 am. in part.

Rep. with saving .

s. 3 and sch

1872 111 I ! Special Marriage Act . 1 S.1 am. in part . . ( 8. 3 and sch

Any law corresponding to Special Marriage Act, 1872, in force in any of the Part B States immediately before the 1st April, 1951.

Indian Contract Act . Any law corresponding

to India,n Contract Act, 1872, in force in any of the Part B States immediately before the 1st Apri\l, 1951.

Indian Christian Marriage , Act.

Any Lam corresponling to in dim^ Cliristiail Mar- riage Act, 1872, in force in any of the Part B States immediately before the 1st April, 1951.

Rep. with saving .

Ss: 1 and 10 am. in part . Rep. with saving .

Ss. 1, 5 and 27 am. in part.

Rep. with saving

s. 6.

s. 3 and sch

s. 3 and sch.

1873 1 v ( Government Savings Banks 8.1 am. in part. 8. 2 ins. . 1 a. 3 and a c l ~ Act. !

Any law corresponding to Government Savings Banks Act, 1873, in force in any of the Part B States in~mediately before the 1st April, 1951.

Rep. with saving

1873 1 X i Indian Oaths Act . . I

Ss. 1 and 4 am. in part. . s. 3 and sch.

537

Part I.-Central Acts repeaktl, amended or otherwise affeoled.

'year 'F Aot

No. of Act Short title of Act How affected

No. and section of 1951 Act by whioh affected

Any law corresponding to Indian Oaths Act, 1873, in force in any of the Part B States i ~ n - madiately before the l s i April, 1951.

Foreign Recruiting Act .

Any law corresponding to Foreign Recruiting Act, 1874, in force in any of the Part B Sta- tes immediately before the 1st April, 1951.

Indian Majority Act .

XVIIX ,) Indian Law Reports Act . '

Any law corresponding to Indian Law Reports Act, 1875, in force in any of the Part B States immediately before the 1st April, 1951.

Specific Relief Act .

Any law corresponding to Indian Majority Act, 1875, in force in any of the Part,B States iknme- diately before the 1st April 1951.

Any law corresponding to Specific Relief Act, 1877, In force in any of the Part B States immediately before the 1st April, 1951.

Sea Customs Act .

' XVIII

Rep. with saving .

Long title, preamble and ss.1 and 3 am. in part.

Rep. with eaving .

Preamble and ss.1, 3 and 4 am. in part.

= I Indian Arms Act .

Any law corresponding to Indian Arms Act, 1878, in force in any of the Part B States idmediately before the 1st April, 1951.

Legal Practitioners Act .

Rep. with saving .

Ss.1 and 3 am. in part.

Rep. with saving .

S.l am. in part. . Rep. with saving .

5.20 renumbered and sub- section (2) ins. Proviso ins. in s. 38. Ss. 39 and I l l am. in part.

8.3 and soh.

s. 6.

s. 3 and sch.

s. 6.

e. 3 and soh.

8. 6.

45, ss. 2 to 5.

Rep. with saving .

Ss.1, 4 and 5 am. in part .

Ss. 1, 4, 6 , 10, 11, 18, 27 and 29 am. in part.

s. 3 and eoh.

3 , ~ . 3 a n d s c h ,

55 8

Part I.-Central Acls repealed, amended or otherwise affected.

-

Year 1 No. of 1 Short title of Act 1 How affected Act L q ~ 1

No. and section of 1951 Act by which affected

Any law corresponding to Legal Practitioners Act, 1879, in force in any of the Part B States immediately before the 1st April, 1951.

Rep. with saving

Negotiable Instruments Act.

Kazis Aat . . . ( S.l am, in part.

Any law corresponding to Negotiable Instru- ments Act, 1881, in force in any of the Part B Statw immediately before the 1st April, 1951.

Any law corresponding to Kazis Act, 1880, in force in any of the Part

1 B States immediately before the 1st April, 1951.

Indian Trusts Act .

Rep. with saving

Any law corresponding to Indian Trusts Act, 1882, in force in any of the Part B States immediately before the 1st April, 1951.

Transfer of Property Act. Any law corresponding

to Transfer of Property Act, 1882, in force in any of the Part B States immediately before the 1st April,. 1951.

Powers-of-Attonley Act . Any law corresponding

: to Powers-of-Attorney Act, 1882, in force in any o f the Part B States immediately before the 1st April, 1951.

Indian Explosives Act . Any law corresponding

to Indian Explosives Act, 1884, in force in any of the Part B States immediately before the 1st April, 1951.

Indian Telegraph Act .

Ss.1, 3, 20, 75B, 134, 135, 136 and 137 am. in part.

Rep. with saving .

Ss.1 qnd 20 am. in part. Rep. with saving .

Ss.1, 3 and 52 am. in part. Rep, with saving ,.

8.1 am, in part . . Rep. with saving .

Ss. 1, 4 and 5 am. in part . Rep. with saving . .

1 Ss. 1 and 3 am. In part. S. 35 reD.

s. 3 and sch.

8. 6.

s. 3 and sch.

s. 3 and sch. s. 6 .

s. 3 and sch, , s. 6 .

s. 3 and sch. 8. 6 .

s. 3 and sch.

539 Part I.-Central Acts repealed, amended or otherwise affected.

Year of

Act

---

1888

1889

L890

1890

1890

I891

1893

No. of Act

111

IV

VI

VIII

IX

XVIII

IV

Short title of Act How affected

Any law corresponding to Indian Telegraph Act, 1885, in force in any of the Part B Statei immediately before the 1st April, 1951.

Police .

Any law corresponding to Police Act, 1888, in force in any of the Part B States immediately before the 1st April, 1951.

Indian Merchandise Narks Act.

Any law corresponding to Indian Merchandise Marks Act, 1889, in force in any of the Part B States immediately be. fore the 1st April, 1951.

Charitable Endowments Act.

Any law corresponding to Charitable Endow. menta Act, 1890, in force in any of the Part B States immediately be. fore the 1st April, 1951.

9

Guardians and War& Act

Any law corresponding to Guardians and Wards Act, 1890, in force in any of the Part B States immediately before the 1st April, 1951.

Indian Railways Act . Any law corresponding

to Indian Railways Act, 1890, in force in any of tho Part B States immediately before the 1st April, 1951.

Bankers Books Evidence Act.

Partition Act

Rep. with saving .

8. 1 am. in part and s. 1A rep.

Rep. with saving .

" India" subs. for " the States" throughout Act. Ss. 1 and 2 am. in part.

Rep. with saving ,

S. 1 am. in part. . Rep. with saving .

1 Ss. 1 ,3 ,4 ,6 , 11, 15, 17and 19 am. in part. S. 5. rep.

Rep. with saving . , .

1 Ss. 1, 47 and 59 am. in part. S. 144 rep.

Rep. with saving .

S. 1 am. in part. Applied to Financial Cor.

poration.

1 S. 1 am. in part . I

No. and section of 1951 Act by which affected

-- 3, a. 6.

a. 3 and sch.

s. 3 a d soh.

s. 3 and sch.

s. 6.

s. 3 and sch.

a. 6.

s. 3 and sch.

s. 6.

a. 3 and nch. 63, s. 44.

3, s. 3 and soh.

540

Part I.-Central Ack repealed, amended or otherwise affeckd.

Year 1 NO. of of Act / Short title of Act / How affected

Act . I No. and section of 1961 Act by which affected

Code of Criminal Proce- dure.

Any law which corresponds to the Criminal Proce- dure Code in any of the Part B States im'medi'a- tely before the 1st April, 1951.

Livestock Importation Act

Any law corresponding to Livestock Importa- tion Act, 1898, in force in any of the Part B Sta- tes immediately before the 1st April, 1951.

" India" subs. for. '' the States" throughout Code. Ss. 1, 4, 25, 30, 46, 64, 194, 266, 267, ~ S J , 321, 364, 365, 369, 371, 411A, 426, 554, 558 and soh. 11, am ~n part. Part E cc Asting of ss. 93A, C S k and 93C, and ss. PO3 to 508A am. S. 197A Ins.

Rep. with saving .

5.432 em. . S.196 and sch. I1 am. in

part. S. 1 am. in part . . Rep. with saving .

1, ss. 2 to 24.'

24, s. F3. 43, s. 138.

3, s. 3 and sch.

Any law corresponding to Indian Tolls (Army and Air Force) Act, 1901, in force in any of the Part B States immediately before the 1st April, 1951.

Indian Tolls (Army and Air Force) Act.

Ancient Monuments Preaer- vation Act.

Any law corresponding to Ancient Monuments Preservation Act, 1904, in force in any of the Part B States idmedia-

Ss. l,? and 3 am. in part .

tely before the 1st April, 1951.

s. 3 and sch.

Indian Coinage Act . Any law corresponding

to Indian Coinage Act, 1906, in force in any of the Part B States immediately before the 1s; April, 1951.

Rep. with saving .

Ss. 1 and 17 am. in part. .

Rep. with saving

Applied to ancient monuments.

Ss. 1 and 23 am. in part. 5.24 ins.

Rep.- with saving . .

s. 3 and scb.

3, s. 3 and sch.

Part I.-Central A-ts repealed, amended or othcwise affected.

Ir / No. of t Act

Short title of Act / How affected , No. and section of 1.951 Act by which affected 4

XVI

Code of'Civil Procedure. .

Any law corresponding to Code of Civil Proce- dure, 1908, in force in any of the Part B States immediately before , the 1st April, 1951.

Explosive Substances Act

Any law corresponding .to Explosive Substances Act, 1908, in force in any of the Part B States immediately before the 1st April, 1951.

'Indian Limitation Act .

Any Law corresponding to Indian Limitation Act, 1908, in force in any of

I the Part B States immediately before the 1st April, 1951.

Indian Ports Act .

Any law' corresponding to Indian Ports Act, 1908, i n force in any of. the Par t B States immediately before the 1st April, 1951.

Indian Registration Act .

Ss. 1, 2, 7, 35A, 60, 92, Heading of Part I X and ss. 116, 122, 123, 129, rule I of Order L of the 1st Sch. am. in part. 8s. 29, 43, 44, 78, and 83 to 87, am.

!s. 87A and S I B i y . India" subs. for the States" throughout Co- de.

Rep. with saving

Proviso ins. to rule 25 of Order B of the First Sch.

5.1 13 and rule 5 of Order XLVI of the First Sch. am. in part. Rule 4A in Order XLVI of the First Sch. ins.

Ss, 1 and 4 am. in part

Rep. with saving .

" India" subs. for " the States" throughout Act. Ss. 1 and 2 am. in part S. 30 ins.

Rep. with saving

" India" subs. for_? the States" throughout Act S. 3 am. in part.

Rep. with saving .

Ss. 3, 6, 35 and 36 am. in part. S. 68C ins.

" India" subs. for " the States" throughout Act. Ss. I , 2 a,nd 33 am. in part.

2, ss. 2 to 18.

1 3, P. 3 and sch.

8. 3 and sch.

s. 6.

s. 3 and sch.

Part I.-Central Acts repealed, amendd or otherwise affected.

Year of

AC

---

( Official Trustees Act . / Ss. 1, and 2 am. in part . I

I

1

No. and se No. of tion of 19.

Act ) Short title of Act How affected Act by whi affected

Any law corresponding to Indian Registration Act, 1908, in force in m y of the Part B States immediately before the 1st A$ril, 1951.

s. 3 and r

s. 3 and!

Rep. with saving .

s. 3 and

1ndia.n Electricity Act . Ss. 1. 35, 36A and 37 am. in part.

Any law corresponding Rep. with saving . to Indian Electricity Act, 19 10, in force in any of the Past B States immediately before the 1st April, 1951.

Indian Patents and S. 2 am. i n part. S. 2A rep. Designs Act. and s. 80 ins.

Indian Lunacy Act . "- India?' subs. for " the States" throughout Act. Ss. 1, 3 and 91 am. in part.

Any 1a.w corresponding Rep. with saving . , . to Indian Lunacy Act, 1912, in force in any of the Part B Sta.tes, immediately before the 1st April, 1951.

eral's Act, 1913, in force in a.ny of the Part B States immediately before the 1st April, 1951.

8913 VII

t o Indian Companies

543

Part I.--Central Acts repealed, amended or otherwiie affected.

Year of

Act

No. of Aot

Short title of Act How affected No. and section of 1951 Act by which affected

VII

1915 I XVI .

i

Destructive Insects and Pests Act.

Any law corresponding to Destructive Insects and Pests Act, 1914, in force in any of the Part B States immediatelv before the 1st apri i ,

1 1951.

Long title, preamble, ss.1, 2, 3, 4C and 5A am, in part.

Rep. with saving .

Indian Copyright Act . " India" subs. for " the States" throughout Act. .

Ss.1 and 2 am. i n part.

Any law corresponding to Indian Copyright Act, 1914, in force in any of the Part B States immediately before tho 1st April, 1951.

I ' Delhi Laws Act . Benares Hindu University

Act.

Rep. with saving .

/-Soh. I11 am. in part . '' Banaras", " Executive

Council", " Ordinances" and "Academic Council" ~ y b s . for '' Benares"

Council", " Regulations' and ' I Senate", respectively.

Ss. 4, 5, 6, 7, 12, 18 and 19 am.

3, s. 3 and sch.

s. 6,

s. 3 and sch.

Ss. 9, 10, 11, 13, 14, 15, 16A and 17 am. in part. Ss. 4A and 19A ins.

1917 . w

-1918

1920

I

I1

XIV

Inland Steam-vessels Act .

Cinematograph A& . .

Any law corresponding to Cinematograph Act, 1918, in force in any of the Par t B States imrne- diately before the 1st April, 1951.

Charitable Religious Trusts Act.

Any law corresponding to Charitable Religious Trusts Act, 1920, in force in any of the Par t B Sta- tes immediately befwe the 1st April,, 1951.

Chapter IIA, ss. 63A and 75 ins. 5.57 am. and ss. 2, 55, 56 and 68 am. in part.

S.l am. in part . .

Rep. with saving . .

S.1 am. in part . . Rep. with saving ° .

26, ss. 2 to 9.

3, s. 3 and sch.

s. 6.

s. 3 and soh.

8. 6.

Part I.-Central Acts repealed, amended or ~themuise affected.

Year of

Act No. of Act

xv

XXXIV

XXXIX

X L

I

XVIII

Short title of Act

Indian Red Cross Society Act.

Any law corresponding to Indian Red Cross Society Act, 1920 in force in any of the Part B States immediately before the 1st April, 1951.

Indian Passport Act - 1 Any law corresponding

to Indian Passport Act, 1920, in force in any of the Part B States immediately before the 1st April, 1951.

Indian Elections Offences and Inquiries Act.

Aligarh Muslim University Act,.

Maintenance Orders En- forcement Act.

Any law corresponding to Maintenance Orders Enforcement Act, 1921, in force in any of tho Part B States immediately before the 1st April, 1951.

How affected No. and sec-

tion of 1951 Act by which affected

S. 1 am. in part - .

Rep, with saving .

S. 1 am. in part. S. 6 rep. . Rep. with saving .

Rep, with saving . Ss. 8, 11, 12, 12A, 15, 27, 29

and 30 am. Ss. 2, 3, 7, 13, 16, 19, 21, 22, 23, 26, 28, 31, 33, 35, 36, 37 and 38 am. in part. Ss. B, 14,32 and 40 rep.

" India" subs. for " the States" throughout Act. Long title and preamble and ss. 1, 2 and 3 am. in part.

Rep. withsaving . .

First soh. of Act 23 of 1951 incorporated with savings. S. 17 am. in part.

3, a. 3 and sch,

a. 6.

s. 3 and sch.

' a. 6.

3, s. 3 and soh.

23, as. 2 and 3.

Indian States (Protection Rep. . 56, 8.' 37 and 1 ' ' 1 against Disaffection) ~ c t . I 1st sch.

IV;

v

Indian Mines Act . Any law corresponding

to Indian Mines Act, 1923, in force in any of the Par t B Stat,es imme- *dia,tely before the 1st April, 1951.

Indian Boilers Act .

Ss. 1 a n d 3 a m . i n p a r t ,

Rep. with saving .

Ss. 1 and 27A am. in part. S . 3 am. i n p a r t .

3 , r s . 3 and sch.

s. 6.

3. 3 and soh. 38, a. 2.

545

Par t I.-Central Acts repealed, amended or otherwise affected.

How affected 'ear of .ot

No. and seation of 1951 Act by whiob affected

VII I

XIV

No. of Act

X I X

Short title of Act

Any law corresponding to Indian Boilers Act, 1923, in force in any of the Part B States immediately before the 1st April, 1951.

- Workmen's Compensation Act.

Any law corresponding to Workmen's Oompen- sation Act, 1923, in force in any of the Part B States ?mmediately before the 1st April, 1951.

Indian Cotton Cess Act . Any law corresponding

to Indian Cotton Cess Act, 1923, in force in any of the Part B States immediately before the 1st April, 1951.

Indian Official Secrets Act

Any law corresponding to Indian Official Secrets Act, 1923, in force in any of the Par t B States immediately before the 1st April, 1951.

Rep. with saving .

Ss. 1, 2, 15 and 35 am. in part.

Rep. with saving .

1 Ss. 1, 2,j3 and 4 am. in part

Rep. with saving .

" India" subs. for " the Statas" throughout Act.

Ss. 1 and 2 am, in part.

Rep. with saving .

8. 3 and rob.

Indian Soldiers (Litigation) Act.

Any law corresponding to Indian Soldiers (Liti- gation) Act, 1925 in force in any of the Par t B States immediately before the 1st April, 1951.

1923

Cotton Ginning and Press- ing Factories Act.

Any law corresponding to Cotton Ginning and Pressing Factories Act, 1925, in force in any of the Part B States immediately before the 1st April, 1951.

Ss.[l and 2 am. in part . kep. with saving .

X X I

Ss. 1 and 12Iam. inpar t . :b

Rep. with saving . s.: 3 and scbk

s. 6.

Indian Morchant Shipping Act.

Ss.:26A and 26B ins. , 42,'~. 2.

Part I.-Genial Act8 repealed, amended or othenuiae affected.

No. of Act

Short title of Act How affected No. and sec

tion of 195 Act by wKicl affected

I 1 8 2 ~ X I X I Provident Funds Act . Ss. 1 and 2 am. in part . ) 3, s. 3 and sch

Any law corresponding to Provident Funds Act, 1925, in force in any of the Part, B States immediately before the 1st April, 1951. ,

Indian Succession Act .

Any law corresponding to Indian Succession Act, 1925, in force in any of the Part B States im-

' mediately before the 1st April, 1951.

Indian Trade U n i o ~ 9 Act . Any law corresponding

to Indian Trade Unions Act, 1926, in force in any of the Part B States immediately before the 1st April, 1951.

Legal Practitioners (Fees) Act.

Any law corresponding t o Legal Practitioners (Fees) Act, 1926, in force in any of the Part B States immediately before the 1st April, 1951.

IndianBar Councils Act . Any law corresponding

to Indian Bar Councils Act, 1926, in force in any of the Part B States immediately before the 1st April, 1951.

- Act.

Any law corresponding to the Child Marriage Re- straint Act, 1929, in force in any of the Part B States immediately ' before the 1st April, 1951.

Child Marriaae Restraint

Rep. with saving .

I

" India " subs. for " the States" throughout, Act.

S. 2 am. in part and s. 382 am.

Rep. with saving . r

S. 1 am. in part . R & ~ . with saving .

S. 1 am, in part . Rep. with saving .

SY. 1 arid 8 aru. iu part . Rep. with saving ,

S. 1 am. in part . Rep. with saving

Indian Sale of Goods Act . 9. 1 am. in part . Any law corresponding Rep. with saving .

t o the Indian Sale of Goods Act, 1930, in foree

Ctates immediately be.

I in any of the Part B / fore the 1st April, 1951. 1

s. 3 and sch

8.3 and sch

s.6.

8.3 and soh.

s. 6.

e. 3 and ech. , s. 6.

Part I. Central Acts repealed, amended or otherwise aflected.

No: of Act

X X I I I

X X I I

XVII

Short title of Act . How affected No. and section of 1951 Act by which affected g

.- . I 1nhian Lac Cess Act . I 68.1 and 3 am. in part . / 3, s. 3 and soh.

Any law corres$onding t o the Indian Lac Cess Act, 1930, in force in any of the Part B States immediately before the 1st April, 1951.

Press (Emergency Powers) Act.

Rep. with savhg .

Rep. . 56, s. 37 (1) and First soh.

Any law corresponding to Indian Partnership Act. 1932, in force in anv

( Indian Partnership Act . 1 Rep. with saving :

sch. s. 6.

Ss. 1 and 69 am. in part . ( 3, s. 3 and

immediately before the 1st April, 1951.

1 of the Part B s t a g s 1

Foreign Relations Act

I

Tea Districts Emigrant Labour Act.

Any law corresponding to Tee Districts Emigrant Labour Act, 1932, in force in any of the Par t B States immediately before the 1st April, 1951.

Children (Pledging of La- - bour) Act.

Any law correspondirlg to Children (Pledging of Labour) Act, 1933, in force in any of the Par t B States immediately before the 1st April, 1961.

Indian T'irireless Telegraphy Act.

Any ' law corresponding to Indian Wireless Tele- graphy Act, 1933, in force in any of the Part B States immediately before the 1st April, 1951.

Reserve Bank of India Act

Rep. .

Ss. 1 and 2 am. in part

Rep. with saving .

. ; 0

S.1 am. in part .

Rep: with saving .

S. 1 am, in part . Rep. with saving .

" India" subs, for " the States" throughout Act.

Ss. 1, 2, 7, 11, 17, 18, 19, . 20, 21, 26, 33, 36, 37,

42, 44 and 51 and Third Sch. am. in part. S.21A ins.

56, s. 37 (1 ) and First sch.

3, s. 3 and sch.

s; 3 and sch.

s. 6.

1 Indian States (Protection) I Rep. . 56, s. 37 (1) Act. 1 and 1st soh.

Year of

.act

548

Part. I.-Central Acts repeated, amended or otherwise ?fleeted.

No. of Act

Short title of Act I How affected No. and rec tion of 1951 . Aot by whic affected

Indian Dock Labourers Act

Any law corresponding to Indian Dock Labourers Act, 1934, in force'in any of the Part B States immediately before the 1st April, 1951.

Indian Carriage by Air Act.

Any law corresponding to Indian Carriage by Air Act, 1934, in force in any of the Part B States immediately before the 1st April, 1951.

Indian Aircraft Act . Any law corresponding

to Indian Aircraft Act, 1934,inforceinany of the Part B States immediately before the 1st April, 1951.

Petroleum Act . Any law corresponding

to Petroleum Act, 1934, in force in any of the Part B States immedia-. tely before the 1st April, 1951.

Indian Tariff Act .

Indian Navy (Discipline) Act.

Any law corresponding to Indian N a w (Disci- pline) Act, 1934, in force in any of the Part B States immediately before the 1st April, 1951.

S.l am. in part . Rep,. with saving .

Ss. 1, 2, 3 and Second sch. am. in part.

Rep. with saving .

S. 1 am. in part . Rep. with saving .

Ss. 1 and 2 am. in part Rep. with saving .

S. 3A ins. and First Soh. am. in part.

S. 4A and First Sch.. am. in part.

First sch, am. in part. Additional duties of customs under the First Sch. to be levied and collected with saving@. Second Sch. am. in part.

Ss. 67, 70 and 80 am. in part.

Rep. with saving .

3, s. 3 anc soh.

s. 6

s. 3 and soh,

s. 3 and ach. s. 6.

s. 3 and sch. s. 6.

13, ss. 2 and 3.

20, ss. 2 and 3.

23, ss. 4 to 6.

3, s. 3 and sch..

Parsi Marriage and Divorce Act.

Any law corresponding to Parsi Marriage and Divorce Act, 1936 , in force in any of the Part B

Ss. 1 and 29 am. in part . s. 3 and sch.

Rep. with saving . s. 6.

States immediately be- 1 fore the 1st April, 1951. '

549 Par t I.-Central Acts repealed, amendw or otherwise affected.

Year -of Act

--- 1936

1937

1937

1938

1938

1938

No. of Act

I V

I

VI

V

XX

XXIV

Short title of Act

Indian Mines Act . . Any law corresponding

to Indian Mines Act, 1936, in force in any of the Part B States immediately before the 1st April, 1951.

Agricultural Produce (Gra- ding and Marking) Act.

Any law corresponding to Agricultural Produce (Grading and Marking) Act, 1937, in force in any of the Part B States immediately before the 1st April, 1951.

Arbitration (Protocol and Convention) Act.

Any lam corresponding to Arbitration (Protocol and Convention) Act, 1937, in fbrae in any of the Part B States imma- diately before the 1st April, 1951.

Manoeuvres, Field Firing and Artillery Practice Act.

Any law corresponding to Manoeuvres, Field Firing and Artillery Prac. tice Act, 1938, in force in any of the Part B Sta- tes immediately before the 1st April, 1951.

Criminal Law Amendment Act.

Any lam' corresponcling to Criminal Law Amend- ment Act, 1938, in force in any of the Part B States im~nediatd y b ~ . fore the 1st April, 1951.

How affected

-

Ss l a n d 3 a m . i n p a r t . Rep. with saving . .

S. 1 am. in pzrt . . Rep. with saving . .

"India" subs. for " the States" throughout Act. Ss. 1 and 2 am. in part.


Act by which affected

3 , ~ . 3 a n d s c h . s. 6.

I

1 s. 3 and sch.

s. 6.

s. 3 and sch.

s. 6.

I

1

s. 3 and sch. 6, ss. 2 and 3.

3, s. 6.

Employers' Liability Act

Any law corresponding to Employers' Liability Act, 1938, in force in any of the Part B Stater immediately before th.j 1st April, 1951

-- -

S. 1 am. in part . . I a. 3 and soh. 1

S. 1 am. in part . S. 3 am. in part and s. 3A

ins. Rep. with saving . .


S. 1 am. in part . . Rep. with saving . .

s. 6. I I

s. 3 and sch.

i 9.6.

1 I 1

550

Part I.--Central Acts repealed, amended or otherwiss aflected.

XXVI / Employment of Childrehl S. 1 a m in part .

No. of Act 1 Short title of Act

Any law corresponding to Employment of Chil- dren Act, 1938, in force in any of the Part B States immediately before the. 1st April, 1951.

How affected

Motor Vehicles Act. . .

Any law corresponding to Motor Vehicles Act, 1939, in force in any of the Part B States immediately before the 1st April, 1951.

Indian Naval Reserve Forces (Discipline) Act.

Any law corresponding to Indian Naval Reserve Forces (Discipline) Act, 1939, in force in any of the Part B States immediately before the 1st April, 1951.

Long. title and preamble, ss. 2, 3 and 7 am. in part. S. 4 am. and ss. 3D and 3E ins.

Rep. with saying .

" India" subs. for " the States" throughout Act. Ss. 1, 2, 9, 28, 42 and 133 am. in part. Sixth sch. am.

Rep. with saving .

S . 1 am. inpart . Rep, with saving .

I X I standards of Weight Act . Ss. 1 and 4 am. in part I Any law corresponding

to Standards of Weight Act, 1939, in force in any of the Par t I3 States immediately before the 1st April, 1951.

Rep. with saving .

No. and section of 1951

Act by which affected

3 and sch.

1 48, ss. 2 to 7.

s. 3 and sch.

s. 6.

s. 3 and sch.

s. 6.

a. 3 and sch.

s. 6.

Act. S. 9 rep. Any law corresponding Rep. with saving . . I s. 6.

to Registration of Forei-

1939

I nners Act. 1939, in force 1 1

/ XVI 1 Registration of Foreigners Ss. 1 and 2 am. in part. ( s. 3 and sdh.

rn any of ,the' Par t B I States, immediately be- a r e the 1st ~ p r i l , 1951. 1

1939 1 I Coal Mines Safety (Stow-. ing) Act.

I I Any law corresponding to Coal Mines Safetv (Stowing) Act, 1939, & force in any of the Park B States immediately before the 1st April, 1951.

Ss. 1, 3 a ~ d 6 am. in part . I s. 3 and soh. .,

S. 5 am. in part . Rep. mith saving .

551 1

Par t I.-Central\ Acts repealed, mended or otherwise affected.

No. and section of 1951 Act by whioh . a&cted \

4 4

3,s. 3 md

a. 6.

s. 3 a d E Q ~ , 8.6.

8 and

s. 6.

8. 3 and soh.

8. 6.

34, SS. 2 t o 6 .

3, s. 3 and sch.

s. 6.

8. 3 ~d ~ c b .

s. 6.

j I

.. I

ar

t

--- 140

140

140

140

141

141

141

9

- How affected

" India" suba. for " the States" throughout Act. Ss. 1, 2, 10, 19, 21, 22, 23, 46, 57, 58, 68 and 84 am. in part. S. 82A rep.

Rep. with saving . . '

S. 1 am. in part . . Rep. with saving . .

" India" subs. for " ' the States" throughoub Act. Ss. 1 and 3 am. in park.


Ss. 1 and 3 am. in part . Rep, with saving . .

Ss. 2 and 8 and sch. am. in part. S. 5. subs.

8. 1 am. inlpart . '. Rep. with saving . .

Long title and preamble and s. 1 am. in part.


I No. of I Act

v

X

XXIII

XXVrZ

.

V '

XIX

XXV

M of Law

Short title of Act

Trade Marks Ac.b . .

Any law corresponding to Trade Marks Act, 1940, in force in any of the Part B States immediately before the 1st April, 1951.

Arbitration Act . . An?

correspond ng o Arbltratlon Act, 1940,

in force in any of the Par t B States immediately before the 1st April, 1961.

Drug8 AcB . .

Any law corresponding to Drugs Act, 1940, in force in any of the Par t B States immediately before ihe 1st April, 1961.

Agricultural Produce Cess Act.

Any law corresponding to Agricultural Produce Cess Act, 1940, in force in any of the Part B States immediately before the 1st April, 1951.

Assam Rifles Ac+t . .

Mines Maternity ~ e n e f i t Act.

Any lam corresponding to Mines Maternity Benefit Act, 1941, in force in any of the Part B States immediately before the 1st April, 1951.

Railways (Lpcal Authori- ties' Taxation) Act.

Any law corresponding to Railways (Local Authori- ties' Taxation) Act, 1941, in force" in any of the Part B States immediately before the 1st April, 1951.

552

Part I.-Central Acts repealed, amended or otherwise affected.

Short title of Act I How affected No. and se tion of 19!. Act by whic

affected

Coffee Market Expansion Act.

Any 'law corresponding to Coffee Market Expan- sion Act, 1942, in force in any of the Part I3 Sta- tes immediately before the 1st April, 1951.

1 Weekly Holidays Act . Any law corresponding to

Weekly Holidays Act, 1942, in force in any of the Part B States immediately before the 1st April, 1951.

Industrial Statistics Act.

Any law corresponding to Industrial Statistics Act, 1942, in force in any of the Part B States immediately before the 1st April, 1951.

I '

" India" subs. for " the States" throughout Act. Ss. 1, 3 and 20 am. in part.

Rep. with saving .



*

Reciprocity Act . . " India" subs. for " the I States" throughout Act. Long title and preamble and ss. 1 and 2 am, in

Any law corresponding to Rep. with saving Reciprocity Aot, 1943, in force in anv of the Part B statesUimmedia- tely before the 1st April, 1961.

3, s. 3 and: 3c

s. 6.

s. 3 and s d

s. 6.

s. 3 and sol

s. 3 and sbh

Central Exeises and Salt First sch. am. in part, and 23, ss. 7 and 9 Act. discontinuance of s d t

duty from 1st April, 1951. 8.3 am, in part . . 45, s. 6. '

Indian Coconut Committee .SS. I and 3 am. in part . / 3.8.3 and sat, I Act.

Any law corresponding to Indian Coconut Comnit- tee Act, 1944, in force in any of the Part B States immediately before the 1st April, 1951.

Rep. with saving .

1ndia.n Oilseeds Committee S. 1 am. in part . I Act. s. 3 and sch: . .

553 Part I.-Centval Aoft repealed, amended or otherwise affected.

Short title of Act How affeoted No. and sec. tion of 1961 Act by . trhich

affected

XVII

X X

X X X I

Any law corresponding to Indian Oilseeds Commit- tee Act, 1946, in force in any of the Part B Sta- tes immediately before the 1st April, 1951.

Protective Duties Act .

Any law corresponding to Protective Duties Act, 1946, in force in any of the Part B States imrne- diately before the 1st April, 1951.

Industrial Employment (Standing Orders) Act.

Any law corresponding to Industrial Employment (Standing Orders) Act, 1946, in force in any of the Part B States irnrne- diately before the 1st April, 1951.

Nica Mines Labour TV~.lf&re Fund Act.

Any law corresponding to Mica Mines Labour Wel- fare Fund Act, 1946, i n force in any of the Part B States immediately before the 1st April, 1951.

elh hi Special Police Esta- blishment Act.

Any law corresponding to Delhi Special Police Establishment Act, 1946, i n force 'in any of the Part B States immediately before the 1st April, i951.

Rep. with saving .

Preamble and s. 1 am. in part.

Rep. with saving .

S. 1 am. in part .

Rep. with saving .

Ss. 1, 2 and 4 am. i n part

Rep. with saving .

Long title and preamble and ss. 1, 6, and 6 am. in part. Explanation ins. to s. 6.


1 Foreigners Act . . I Ss. 1 and 2 am. in part

Any law corresponding to Foreigners Act, 1946, i n force in any of the Part B States immediately before the 1st April, 1951.

Prevention of Corruption Act,.

Rep. with saving .

Ss. 1 and 6 am. i n part .

s. 3 and soh.

I

s. 4 and aoh. I

a. 3 and sah. I

s. 3 and soh. I

Part I.-Central Acts repealed; amended or otherwise affected.

Year 1 NO. and seo- of ' Short title of Act How affected tion of 1951 Aot Act by wliich

affected

Any law corresponding to Prevention of Cornlp- tion Act, 1947 in force i n any of the Part B States immediately before the 1st April, 1961.

XIV Industrial Disputes Act .

XVII

XIX

xirrv

XXX

XXXI

Armed Forces (Emergency Dutigs) Act.

Any law corresponding to Armed Forces (Emer- gency Duties) Act, 1947, in force in any of the Part B States immediately before the 1st April,

1 1961.

Trading with the Enemy (Continuance of Emer- gency Provisions) Act.

Rep. with saving - ,.

Ss. 7 and 13 am. in part. S. S am., s. 9 renumbered and s. 9 (3) ins.

S. 2 am. in past .

Any law corresponding to Trading with the Enemy (Continuance of Emer- gency Provisions) Act, 1047,inforce in any of the Par t B States immediately before the 1st April, 1951.

S. 2 am. in part . ~ e ~ . with saving .

S. 1 am. in part .

Rep. with saving

40, ss. 3 to 6,

3, s. 3 and ~ c h ~

s. 6.

Delhi and Aj'mer-Merwara Rent Control Act.

Requipitioned Land (Con- tinuance of Powers) Act.

Rubber (Production and Marketing) Act.

S. 1 am. in part I S. 1 a,m. in part .

. I " India" subs. for " the

States" throughout Act. Ss. 1 and 3 am. in part.

Any law corresponding to Rubber (Production and Marketing) Act, 194?, in force i n any of the Part B States immediately before the 1st April, 1951.

Rep. with saving .

Taxation onIncdme (Inves- tigatiol: Commission) Act.

9, s. 2.

10, s. 2.

1, s. 8 and sch.

S. 4 am. in part . .

Antiquities (Export Con- trol) Act.

3, s. 3 and sch, Ss. 1 and 2 am. in part .

Part I.-Central Acts vepealed, anwnded or othemuwe aflectad.

Any law correspcnding to Antiquities (Export Con- trol) Act, 1947, in force in any gf the Part B Sta- tes immediately before the 1st April, 1951.

Coal Mines Labour Welfare Fund Act.

Any law corresponding to Coal Mines Labour Wol-

- fare Fund Act, 1947, in force in any of the Part B States idmediately beforethe lstApril, 1951.

Delhi premises (Requisi- tion and Eviction) Act.

Doclr Worlrers (Regulation of Employhent) Act.

Any law corresponding to Dock Workers (Regula- tion of Employment) Act, 1948. in force in any of the Part B States immediately before the 1st April, 1951. .

Minimum Wages Act.

Any law corresponding to Minimu-m Wages Act, 1948, in force in any of the Part B States immediately befura thtr 1st April, 1951.

Rep. with s&ving .

Ss. 1 and 3 am. in part .


S. 10A ins. and ss.' 11 and 12 am. in part.

S. 1 &m. in part .

Rep. with saving .

S. 1 am. in part . S. 3 am. in part .

Industrial Finance Corpora- tion Act.

Any law corresponding to Industrial Finance Corpo- ration Act, 1948, in force in any of the Part B Sta- tes immediately before the 1st April, 1951.

Atomic Energy Act a I

Any law corresponding to Atomic Energy Act, 1948, in force in any of the Part B States immediately before April, 1951.

Rep. with saving .


Rep. with saving _ .

S. 1 am. in part . Rep. with saving . .

s. 3 and ach.

69. ss. 2 to 4.

'8,s. 3 and sch.

0. 6.

s. 3 and mh.

/ s. 3 and ash.

556

Part I.-Central Acts repealed, amended 01. otherwise affected.

1948

1948 1 LIV

XLVI

1948

1948

LVI

_-

XLVII

LI I I

Short title of Act How affected No. and eeotion of 1951 Act by which affected

National Cadet Corps Act. .

Any law corresponding to National Cadet Corps Act,, 1948, in force in any of the Part B States immediately before the 1st April, 1951.

Calcutta Port (Pilotage) Act.

S. 1 a.m. in part .

Rep. with saving .

Ss. 7 and 10 am. S. 9 am. in part and s. 8 rep.

3, s. 3 ani soh.

35, ss. 193 Bo 196.

Employee's State Insurance Ss. 1, 2, 4, 8, 9, 10, 22, 26, 539 Ss. 2 to 29. 1 Act. 28, 45, 50, 53, 55, 56, 58, 68,75,86,94,97 and Schs.

I I and I1 am. in part. S. 44 am. S. 12 renumbered and sub-sec. (2) ins. Ch. 5A, and as. 94A and 100 ins. S. 98 rep.

Gandhi National Memorial Rep. . . . Fund Donations (Com- panies) Act. 1, Coal&fines ProvidentFmd 1 Pirat soh. am. in part and 1 21, 68. 2 and 3- and Bonus Schemes Act. S. 10A ins. I

Displw~ec! Persons (Ifisti- ceased to apply . l tution of Suits) Act.

Mines and Minerals (R,egu- lation and Development) Act.

Any law corresponding to Mines and Minerals (Re- gulation and Develop- ment) Act, 1948, in force in any of t.he Pert B Sta- tes immediately before the 1st April, 1951.

S. 1 am. in part

Rep. with saving

3, s. 3 and soh,

s. 6.

I Electricity (Supply) Act . 1 S. 1 am. in part . . 1 8. 3 and soh+ I

Any law corresponding to Electricity (Supply) Act., 1948, in force in any of

, the Part B States immediately before the 1st April, 1951.

Rep. with saving ,

s. 3 and soh. 1 i Territorial Army Act . ' '' the Army Act, 1950

I I S. I. am. in part. I - ' i

II

(XLVI of 1950)" subs. for " the Indian Army Act,, 1911 (VIII of 1911)" throughout Act.

557 Part I.-Central Acts repealed, aqnended or othe7wise affectd.

Short title of Act Bow affected I No. and sec-

tion of 1951 Aot by which affected

LVIII

Any law corresponding to Territorial Anny Act, 1948, in force in any of the Part B States iinme- diately before the .lst April, 1951;

Exchange of Prisoners Act.

Any law corresponding to Exchange of P~isoners Act., 1948, in force in any of the Part B States immediately before the 1st April, 1951.

Rep. with saving .

S. 1 am. in part .

Rep..with saving

Any law corresponding to Central Silk Board Act. 1948, in force in any of

. the Part I3 States imrne- diately before the 1st April, 1951.

I Central Silk Board Act .

Factories Act . ' .

1 S. 1 am. in part

Any law corresponding to Factories Act, 1948, in force in any ,of the Part B States immediately before the 1st April, 1951.

Indian 1 Act. Tariff (Amendment)

Central Tea Board Act

Any law corresponding to Central Tea Board Act, 1949, in force in any of the Part B States immediately before the 1st April, 1951.

Rep. with saving

S. 1 am. in part

Rep. with saving

Ss. 4 and 5 am. S. 7 rep.

S. 1 am, in pmt

Rep. with saving

Hind11 Marriages Validity S. 1 am. in part Act.

Any law corresponding to Hindu Marriages Validi- ty Act, 1949, in force in any of the Part B States immediately before the 1st April, 1951.

in part.

Rep. with saving .

s. 3 and sch.

I Xxv I Displaced Persons (Legal Proceedings) Act.

S. 1 am. in part . I s. 3 and sc'i.

Ceased to apply . . 70, s. 59.

Part I.-Central Acts repealed, amended or othrwise affected.

XLVI

'

Chartered . Accountants Act.

Any lam corresponding to Displaced Persons (Le- gal Proceedings) Act, 1949, in force in any of the Part B States irnme-

Any law corresponding to Chartered Accountants Act, 1949, in force in any of the Part B States im-

- mediately before the 1st April, 1951

I diately before the 1st April, 1961.

Banking Companies (Legal Practitioners' Clients' Accounts) Act.

Any law corresponding to Banking- Companies (Le- ga.1 Practitioners' Clients' Accounts) Act, 1949, in force in any of the Part B States immediately before the 1st April, 1951.

Transfer of Detained Per- sons Act.

I Industrial Disputes (Bank- ing and Insurance Com- panies) Act.

Any law correspoilding to Industrial DiGutes (Banking and Insurance Companies) Act, 1949, in force in any of the Part B ~t 'a tes immediatelv before the 1st ~ ~ r i i , 1951. I

Explosives (Temporary Provisions) Act.

Any law corresponding to Explosives (Temporary Provisions) Act, 1949, in force in any of the Part B States immediately before the 1st April, 1951.

Rep. with saving . . .

S. 1 am. in part .

Rep. with saving .

S. 1 am. in part .

Rep. with saving .

Rep. . . .

S. 1 am. in part .

Rep. with saving .

S. 1 am. in part .

Rep. with saving .

No. and st tion of 19 Act by whi affected

8. 3 and sc

s. 6.

s, 3 and sc

8. 6.

8. 3 and sd

Central Reserve Police Force Act.

S. 1 am. in part .

- I 8. 3 and

a!: \

3

Year of

Act

'. Part I.-Uen'entral Acts repealed, amended or otherwise affected.

How affected No. and seotion , of 1951 Act by which affected

X X X I

Any law corresponding to Central Reserve Police Force Act, 1949, in force in any of the Part B Sta- tes immediately before the 1st April, 1951.

I Pieventive Detention Act

Administration of Evacuee Property Act.

Ss. 1, 2, 3, 7, 8 and 10 am. 4, ss. 2 to 12. I in part. Ss. 4, 5, 9, 1.1 and 12 am.'and ss. 3A and 14 ins. 1

Rep. with saving . . 3, Y. 6.

S. 2 am, in part and s. 17 am.

Representation of the Peo- ple Act.

22, ss. 2 and 3.

Opiurn and Revenue Laws (Extension of Applica- tion) Act. ,

XLIII Representation of the Peo- ple Act.


S. 3A and 6th alid.7th schs. 1 27, ss. 2 and 3:

44, S. 2.

part. Ss: 2, 12, 13, 39, 53, 71, 147 49, s. 44 and

and 152 am. in part. \ soh. Ss. 4, 39 and 58 am. in part. 67, ss. 8 to

ins. Ss. 2, 27A, 2733, 27C, 27F,

271 and 27J am. in pert, and ss. 27E end 27K and 5th sch. am.

Ss. 2, 3, and 4 and lst, 6th and 7th schs. am. in

' 49, s. 44 and Fifth soh '

67, 5s. 2 to 7.

660

Pal t 11.-Central Ordinances repealed, anzended or othwwise affected.

+ Year of

Ordina- nce

No. of Ordinance

- -

Short title of Ordinance

1940

1942

How affected

-

No. and section of 1951 Act by whioh affected

IT j Currency Ord~nance .

i Any law corresponding to Currency Ord~nance,

- 8s. 1 and 2 am. in part and

s. 2A ins. Rep. with saving . .

S. I am. in part . . XLI

Any law corresponding to I i Armed Forces (Special

-- 3, s. 3 and sch.

a. 6.

s. 3 scho


S. 1 am. in part . . Rep-. wlth saving . .

Ss. 1 and 5 am. in part .


S.l am. in part . .




1940, in force in any of the Part B Statesimme- diately before the 1st Apnl, 1951.

Armed Forces (Special P o ~ e r s ) Ordinance.

1944

1945

1946

.

1951

1951

s. 6.

s. 3 and soh.

8, 6.

s. 3 and sch.

s. 6.

s. 3 and sch,

6. 6.

51, s. 20.

52, s. 9.

Powers) Ordlnance, 1942, in force In any of the Part R States ~mmedia-

I tely before the 1st April, 1951.

XXXVIII

XLVII

VI

11

111

I 1 Criminal Law Amendment

Ordlnance. Any law corresponding to

Criminal Law Amend- ment Ordinance, 1944, in force in any of the Part B States immedla- tely before the 1st April, 1051. ,

International Monetary Fund and Bank Ordi- nance.

Any law corresponding to International Monetary Fund and Bank Ordinan- ce, 1945, in force in any 01 the Part B SLaLes irn- med~ately before the 1st April, 1951.

Criminal Law Amendment Ordinance.

Any law corresponding to Criminal Law Amend- ment Ordinance, 1946 in force in any of the Part B States immediately before the 1st April, 1951.

Railway Companies (Em- ergency Provisions) Or- dmance.

Indian Companies (Amend- ment) Ordinance.

561.

pert 111.-Golastittition of India repealed, amended or otherwise affected.

. Short title of Act How affected

.

Year - of

Act

--- 1949

No. of Act

. . .

Part 1V.-State Acts repealed, amended or otherwise affected.

How affected 'Year

of .Act

No. and swtion of 1951 Act by whioh affeoted

NO. of Act.

I Aseam

'Assam Maintenance of Ceased to have effect in so

I I Rombav I

Short title of Act

Public Order Act, 56, s. 37 (2)

and second sch.

far as any provision imposing any restrictions on printing, public8,tion or distribution of any

Bombay Port Trust A C ~ ;

newspaper, news.~heet, book or other document is concerned.,

Bombay Finance Act .

Bombay Public Security Meassures Act.

64A, 68,72, 73,74,78, 82 and 87 am. 'UI part and ss. 9, lot 11, 15, 23, 24, 42A to 42E, 56, and 79 anl. Ss. 3A, 13A, 16A, 20A, 20B, . 41D, 41E, 43C, 49A, 50, 55A, 56A, 56B, 58A, 58B, 61B, 68A, 68B, 68C, 72A, 86A, 88, 89 and 90 ins. and sa. 8, 22A, 25, 32, 46 and 47 rep.

Part VII rep. with saving

Ceased t o have effect in so far as any provision imposing any r6strictions on printing, publication or distribution of any newspaper, news-sheet, book or other document is concerned.

and 143 in;. and as. 9, 33, 39, 64 and 124 rep.

I Bengal (West B elzgal).

35, ss. 2 to 58.

Calcutta Port Act . .

56, s. 37 (2) and aecond sch.

Ss. 3, 6, l.1, 13, 15, 19, 24, 24A, 24B, 24C. 27, 30, 30A, 31, 32, 32A, 33, 35, 44, 48, 49, 50, 51, 52, 54, 55, 57, 75, 79, 90, 93, 94, 104A, 105, 107, 108, 113, 117, 120, 126 and 135 am. in part and ss. 10, 13A, 14, 16, 17, 32, 34, 38, 53, 76, 95, 123 and 136 am. 8s. 3A, 108, 13R, 16A, 27A to 27L, Part IVA in Ch. IV, 75A, 75B, 76A, 80A, 109A, 119A. 122D. 134A, 134B

35, ss. 60, to 127.

Year of

Act,

P a r t 1V.-State Acts repealed, amended or otherwise affected.

X I X

111

West Bengal Security . Act.

Ceased to have effect in so far as any provision imposing any restrictions on printing, publication or distribution of any, news-paper, news-sheet book or other dooument is concerned.

No. and section of 1951 Act by which affected .

~ k h d r , Bihar Maintenance of Pub- Do.

Iic Order Act.

. Bilaspur Bilaspur (Kehloor),State Rep. with saving6 from

Halqa and Pargana Co- 29th Augwt, a1950. uncils (Powers and Au- thorised Functions) Act. I

Bhopal Bhopal State Land Impro- Rep. with savings from

vement and Agriculturis- 20th June, 1951. ts' Loans Act.

1929 1 111 ' 1 Bhopal Civil Procedure Code (Amendment) Act.

56, s. 37 (2), and second soh.

Do.

66, ss. 2"andi8' and sch.

66, ss. 2"andL8 and sch.

Rep. with savings from, 6th 1 Do. September, 1960.

l946 I ~ X I I I Notified ~ i e a s Act . . I Rep. with savings . . I Do.

Bhopal State Public Safe- t y Act.

Ceased to have effect in so far as any provision ;m- posing any restrictions on printing, publication or distribution of any newspaper, news-sheet, book or other document is concerned.

DeUd Agra Tenancy Act .

I Rep. in its application to

certain parts of Delhi.

. ~~de..rAbad Hyderabad Press and Prin- rep. . . . .

"ting Establishment Act. ' - I ~ u t d h

Any law corresponding to Rep. with savings from Eombav Land Revenue I 10th Mav, 1950.

I I Any law corresponding to Bombay Landing and Wharfage Fees Act, 1882.

Any l~zw corresponding to Bombay Weights and Messures Act, 1932.

Any law corresponding to Ecmbay Agricultural Eebtors Relief Act, 1947.

Kutch Nagrtrsabha Cons- titution, 1942.

66, s. 37" (2) and second\ soh.

36, s. 2.

56, a . 37 (1) and Fir& sch.

Rep. with savings from 3rd June, 1950,

Rep. with savings from 7th November, 1950.

Rep. with savings from 24th May, 1960.

Rep. with savings from 13th Septemb~r, 1950.

66, ss. 2 and % and soh.

Do.

Do.

Do.

Do.

Part 1V.-State Acts repealed, mmended or,othert~iss affmbsd.

Year of

Act No. of

Act Short t i t le of Aot How affected

No. and section of 1051 Act by which

affected

Madras General Sales Tax A.ct.

X X I I I

X X I I I

~ad ia :as

V I I

Madras Port Trust Aot .

'1950 1 L X I X

' 8s. 5, 8, 10, 12, 21, 22, 23, 26, 27, 28, 28A, 29, 32, 38, 40, 42, 44, 55, 59, 68, 70. 71. 74. 74A. 75. 76,

Madras Maintenance of .Public Order Aot

79; 81,'82,'87, 89, 90, 94; 100,105, 107, I l l and 112 am. in part and ss. 9, 11, 13, 20, 29, 30, 49, 64A, 64B, 88, 96, 101 and 113 am.

Ss. 5A, l lA, l lB , 21A,21B, 38A, 43B, 68A, 72A, 74B, 74C, 76A, 80A, 86A, 86B, 86C, 89A, 109A, 111A, and l l l B ins. and 8s. 77, 78, 93 and 94 rep.

8.5 am, in part andso much of Act as authorises levy of t ax on sale of news-

35, ss. 128 to 187.

/ newspaper, news-shee<, I book or other document

papers rep. from 1st Jan- uary, 1951.

Ceased to have effect in 80 far as any provision imposing any restrictions on printing, publication

I or distribution of anv

! is concerned Madhya Pradesh

Madhya Pradesh

I Do . .

Seourity Measures Act

56, s. 47 (2) and second sch.

Madhys Bharat Preas Rep. . I . . . , (Emergency Powers)

Act. I

Madhya bharat

Myaore Mysore Press and News. l R e p ' . . .

papers Aot.

United State of Gwalior, Indore and Malwa (Ma- dhya Bharat) Mainten- ance of Public Order Act

Do

Do.

Orisna ~ a i n t e n a n c e of Ceased to have effect in

Do.

Public Order Act.

a. 37 !I) and First sch.

so far as any provision imposing any restrictions on publication or' distribution of any newspaper, news-sheet, book or other document is concerned.

Do.

56, s. 37 (0) and seoond soh.

I Tvavancore-CocFin

Travan?ore.Cochin Safety I Do. . . . 1 Do.

- Mea~ures. Act -

565 I

Pmb V.-State Ovdinaaces. Regulations and Rules repealed, amended or otherwiae affected.

. .

V I I

XIV

Year of

Ordina- nce

---

XXVI

XLVI

Bhopal

I No. and sea- How affected tion of 1961

Act by whicb.. ; affect,el ------- I---

I

Tehsil Judicial Committee ' Rcl?. with savings Ordinance and Hie High - ness the Nawab of Bho- pal's Birman entitled 1 Village Panchayat.

No. of Ordinance

--

Short title of Ordinance

- .

66, ss. 2 and 2 and sch.

Public Companies (Limita- tion of Dividends)Re- gulation.

Kutch Rent Restribtion I Rep. with savinga . i Rules.

Rep.

Patiala and E'aut P z ~ n j a b Stales Un ion .

K u t c l ~

Patiala and East Punjab States Union Public Safety Ordinanoe.

PatiaIa and East Punjab States Union Presa (Em- ergency Powers) Ordi. nance.

Ceased to have effect in so far as any provision Impoeing any restrictions on pr~nting, publication or distribution of any newspaper, news- sheet, book or other do- cuknent is concerned.

Rep. - .

66, ss. 2 and 3 and soh.

56, 8. 37 (21 and sewuu soh.

s. 37 j1) and First sch.

~a j a s t h a ~ Rajasthan Publio Security Ceased to have effect in

Ordinance. I so far as any provision

newspaper, news-sheet, book or other document is concerned.

s. 37 !2\ and second I

imposing a n y restrictions on printing, publication or distribution of any

sch.

saztrashtra Saurashtra Public SBfetv , Ceased to have effect in

Rajasthan Press Control Ordinance.

Measures Ordinsnce. " 1 so far as any provision

Rep. .

- imposing any restrictions on printing,, publication or distribution .of any ne*spaper, news-sheet, book or other document is concerned.

Vgndhya Pvadesh IQ46 1 . . 1 Rewa State Rent Control Rep. with savings fGom 6th

Ordinance. 1 December. 1950.

lo49 I 11 1 VindhyaPridesh Sales Tan (Rep. with savings from Ordinance. 29th December, 1950.

s. 37 (2) I and second sch.

6G, ss. 2 and 3 and sch.

1 Do.

TO

the Acts of Parliament. 1951'.

A Adjustment, Debts.

See " Debts". ~L in i s t r a t ion .

See " Companies, Railway". See " Samdhi, Rajghat". See " Evacuee Property".

Advisers. 4

SfX " Stateb". Advocates.

Pages

Supreme Court----(Practice in High Courts) Act . . . . . 8 3 Appropriation.

--(Vote on Account) Aot . . . . . . . . . 63 --(NO. 3) Act , . . . . . . . 409 . . . . . . Punjab-Act . b . . 403

. . . . . - . . -(Railways) Act . . . . . 49 -(Rdlw&y~) No. 2 Act ; . . . . . . ". 55

-.(~ailwa~~)No.3Act . . . . . . . . . . . . 13 : -(Railways)Noh4Act . . . . . . . . ~ . . i06 4:. I

I Arch~ologimI Sites, :

. . ! See “Idunwnents~. I

Assam; See 'I Boundaries".

Assam Rifles. -(Arnerldnient)Act . . . . .

- - B

Dhlitatl,

See " Bound&?ie~"r Boilers,

Indian--(Amendnierlt)Act . , 6 . 0 Bar) Bonm Schemes.

See " Coal Mines". Boundaries.

Assam (Alteration of-) Act . . . b 307

~ h d r e n . . 6 1

Employment of--(benddent) Act , . . . r . . Civil Procedure.

See " Code". Civil and Cfiminal ProceduPe,

Se4 '' Code(s)"

0 3d of Law

Coal Mines. , Pages -Provicieilt P'i111d and Bonus Schemes (Amendmen*,) Act . . . 93 A S a f e t y (Stowing) Amendment Act . . . . . . 8 1

C~de. ---of Civil Procedure (Amendment) Act . . . . . . 7 . --- of Civil Procedure (Second Amendment) Act . , 85

--of Criminal Procedure (Amendment) Act . , . , . 1 Pode(s).

-------of Civil and Criminal Procedure (Amendment) Aot , . 113 Companies.

Hyderabad Public-(Limitation of Dividends) Repealing Aot . , 149 See " ~ u n d s , National".

Companies, Indian. ------(Amendment) Aot . . . . , . . 367

Companies, Railway. B

-(Emergency Provisions) Aot . . . . . . .. 347 Consolidated Fund.

See " Appropriation". Control.

See " Samedhi, Rajghat". Corporations.

StateFinamcial----Act. , , , , , . . . , 423 Crime, Incitement to.

See '' Press". Criminal Procedure.

See " code)'. Gustoms, Sea.

-and the Central Excises and Salt (Amendment) Act . , , . 303 a

D I

Debts. < Displaced Persons (-Adjustment) Aot . I . I I 489 1

I I Declaration.

Bee " Monuments". Delhi.

Sce " Laws". I

Delh/ and Ajmer-Merwara. See " Rent".

Detention, Preventive. ------(Amendment) Act . . . . . 43

Development and Regulation. . See " Industries". .- v

Disputes, Industrial. -(Amendment and Temporary ~revision;) Act , I . . 233

Disqualification, Prevention of. See " Parliament".

Dividends. . See ' LCompanios".

Donations. Bee '! Fun&, Nat iod ' ,

iii Pages

3otions. See " Representation".

aployees. See " Ineuranoe".

aployers. See " Liability".

nergency Provisions. See '' Companies, Railway".

nployment. See " Children".

raouee. --I@e~est (Separation) Aot , ,

vaouee Property. Addnistration of-(Amendment) Act

noises, Central. See " Customs, Sea".

B inanoe.

-Act , . . . . . nance Commission.

-(Miscellaneous Provisions) Act , lancial.

See " Corporations". mds, National.

Oompanios (Donationa to-) Act . a

merriment. See " States".

H .igh Courts.

See " Advooates". indu.

See " University". lYderabad.

See " Companies".

loome. See " Taxation".

~duetries. -(Development and Regulation) Act

Isurance. Employees' State----(Amendment) Aot

nterest. See " Evacuee ".

nJestigation Commission.

See " Taxation".

$ag&, L

Land, gequisitioned. -(Continuance of Powers) Amendment Act . . 67

Labour. Plantations------Act . . . 475 1

Laws. Part C States (Miscellaneous---) Repealing Acr. , . . ,467 ' Delhi-(Amendment) Act . . . . 223 Part B States-Act . . . . . . 13 See " Scheduled Areas".

Laws, Revenue. Opium and-(Extension of Application) Amendment Act . . . . 301

Legislative Assemblies. See " States".

Legislature. , Punjab S t a b ( D e ! e g a t i @ n of Powers) Act . , . . . . . ..

See ' I Representation". Liability.

Employers'---(Amendment) Act . .. . . . . , . . . . ,: ,

8 . , M 1

Warking, I I

See " Packages". ' ,

Members, Appointment of. See " Finance Commission".

< I

Memorial, National. See " Jallianwda Bagh".

Ministers, Council of. See " States".

Monuments. Ancient and Historicd--and Archaeological Sites and Ramains (Declafa-

tion of qat i~nal Importance) Act . , . . . . . * '616 Muslim.

See " University".

N Newspapers. ..: . . . , .

, . ' Tax dn-(sales and Advertisements) Repeal Act , ,' ' , ,

\

0 Opium. , , $ ? .

See '' Laws, Revenue".

P Packages.

Marking of heavy-Act . . . . . . . 231 Parliament. .

-Prevention of Disqualification Act . , . . . . . 472 See " Representation".

Pay and Allowances. See " Disputes, Indudtrial"..

Pension. - . I c'wident9-Aot . . . . b b + ' . . , 149

lBoople. See " Representat.ion".

Persons, Displaced. See "~Debts",

Ylontations. See ".Labour9'.

Ports. Port Trusts and-----[Amefidment) Act . . . . , .

Port Trusts. See " Ports".

Powers. See ' I Land, Requisitioned".

Powers, Delegation of. See " Legislature".

Practice.

is: See " Advocates". . , Premises, Delhi.

See " Requisition and Eviction". President.

s - See " Pension".

Press. -(Objectionable Matter) Act . . , . . . . .

\ Printing. , . , See " Press".

i Property. See '' Evacuee".

I Provident Fund. See " Coal Mines".

Publication. See ' I Press".

Punjab State. See " Legislature".

- R

See " Appropriation".

Delhi and Ajmer-Merwara---&ntrol (Amendment.) Act . , . 9 a.

See " Laws"'

1 lepresentation. -----of the People Act , . . . + - . . . . 241 -------of the People (Amendment) Act . . . . . . . 187 ---of the People (Second Amondment) kct . . . . . . 469

Requisition and Eviction. Delhi Premises-Amendment Act . . . 407

Reserve Bank. -----of India (Amendment) Act , . . . . . 1 1 . 161

t SaLs and Advertisements.

See " Newepapers".

Salt.. Pages See " Customs, Sea".

Samadhi, Rajghat. . . . - A c t . 237 Scheduled Areas. I

-(Assimilation of Laws) Act . . . . . . . . 226 Sea.

See " Packages". Services, AU India.

-- Act . .< , a . . . . . . . . 411 Stlipping, Merchal~t

~ t a to s . Governmelit of Pmt C-----Act , . . . . . . . 313

See " Laws".

See " Monuments". Btea,m-Vesscls.

Inland------(Amendmnt) Act . . . & . . . . 119 (Stowing), Safety. . ,

See " Coal Mines". .*::; ,, h

Supreme Court., See " Advocates". -.

Tariff Commission. A c t . . . . . . . . . . . 397

Tariff, Indian. c

-(Amendment) Act . . . . . 6 7 -(Second Amendment) Act! . . . . . . 87

Tax. See " Nawspapers".

Taxation. ---on Income (Investigation Commission) Amendment Act . i . 61

u University.

Aligarh Muslim---(~%mendment) Act Benares Hindu-(Amendment) Act . See " Visva-Bharati".

v Visva-Bharati.

W' Wages, Minimum.

-(Amendment) Act . . . 79 Wa'ter-ways, Inland.

See " Packages". Workmen. '4 . , ',

See " Disputes, Industrial".

t XVI . . . Inland tea&-vessels (Amendment) Act - Legislative ...

Documents

Transcript of t XVI . . . Inland tea&-vessels (Amendment) Act - Legislative ...