panaji, 22nd september, 2011 (bhadra 31, 1933) series i...

501

Panaji, 22nd September, 2011 (Bhadra 31, 1933) SERIES I No. 25

Reg. No. GR/RNP/GOA/32 RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcome on e-mail: dir–[email protected]

Notification/Order

Not.- 11/14/96-HD(G)

Ord- 43/1/2011/GAD-III//5311

Not.- 10/2/2010-LA/191

Not.- 10/2/2010-LA/203

Not.- 10/2/2010-LA/202Not.- 10/2/2010-LA/184Not.- 10/2/2010-LA/190Not.- 10/2/2010-LA/180Not.- 10/2/2010-LA/181Not.- 10/2/2010-LA/189

Not.- 10/2/2010-LA/183

Not.- 10/2/2010-LA/177Not.- 10/2/2010-LA/196

Not.- 10/2/2010-LA/204

Not.- GSLSA/GOA/Notifi-cation-1/2011

Not.- 1/4/81-PER(Vol. III)

Order 35/9/2009-RD(6222)

Not.- 1/2011

Subject

The Goa Freedom Fighters Welfare (Amendment) Rules,2011.

Creation of posts— Goa Civil Service, Schedule-I

The Tamil Nadu Legislative Council Act, 2010.

The Salaries and Allowances of Ministers (Amendment)Act, 2009.The Rubber (Amendment) Act, 2009.The Industrial Disputes (Amendment) Act, 2010.

The Plantations Labour (Amendment) Act, 2010.

The Energy Conservation (Amendment) Act, 2010.The State Bank of India (Amendment) Act, 2010.The Employees’ State Insurance (Amendment)Act, 2010.The Foreign Trade (Development and Regulation)Amendment Act, 2010.The Land Ports Authority of India Act, 2010.The Ancient Monuments and Archaeological Sites andRemains (Amendment and Validation) Act, 2010.The Legal Metrology Act, 2009.

Insertion of Regulation to the Goa State Legal ServicesAuthority.

Amendment to RR’s— Goa Dental College andHospital.

Remission of Stamp Duty on Deed of Sale forEducational Institution.

The Goa Human Rights Commission (Procedure)Regulations, 2011.

Pages

502

502

503

504

505

509512515

518

526

531

540

551

562

580

581

581

582

Department

1. HomeHome–General DivisionUnder Secretary

2. General AdministrationUnder Secretary

3. Law & Judiciary(i) a. Legal Affairs

Division UnderSecretary

b. —do—

c. —do— d. —do— e. —do— f. —do— g.—do— h. —do—

i. —do—

j. —do— k. —do—

l. —do—

(ii). Law (Estt.) Division Member Secretary

4. PersonnelJoint Secretary

5. RevenueUnder Secretary

6. Social WelfareGoa Human RightsCommissionChairman & Members

INDEX

OFFICIAL GAZETTE — GOVT. OF GOASERIES I No. 25 22ND SEPTEMBER, 2011

502

GOVERNMENT OF GOADepartment of HomeHome—General Division

___

Notification

11/14/96-HD(G)

Read: (1) Government Notification No. 11/37/88-HD(G) dated 27-4-1989.(2) Government Notification No. 11/14/96-HD(G) dated 30-12-2004.

The Government of Goa hereby makes the following rules so as to further amend the GoaFreedom Fighters Welfare Rules, 1988, published in the Official Gazette, Series I,No. 8 dated 25-5-1989, namely:—

1. Short title and commencement.— (1) These rules may be called the Goa Freedom FightersWelfare (Amendment) Rules, 2011.

(2) They shall come into force at once.

2. Omission of rule 10.— In the Goa Freedom Fighters Welfare Rules, 1988, rule 10 shall beomitted.

By order and in the name of the Governor of Goa.

Dipak M. Bandekar, Under Secretary (Home-I).

Porvorim, 14th September, 2011.

——— ———

Department of General Administration___

Order

43/1/2011/GAD-III/5311

Sanction of Government is hereby accorded for creation of the following posts to be includedin Schedule-I to the Goa Civil Service Rules, 1997, with immediate effect:—

Sr. No. Name of the post No. of posts Scale of the post

1. Joint Secretary/Additional Secretary to Government 3 PB-3, Rs. 15600-39100 with Grade Pay Rs. 6600/-2. Under Secretary to Government 5 PB-3, Rs. 15600-39100 with Grade Pay Rs. 5400/-3. Estate Officer 1 PB-3, Rs. 15600-39100 with Grade Pay Rs. 5400/-

The expenditure shall be debited to the Budget Head “2052—Secretariat General Services,00—, 090—Secretariat (Non-Plan), 01—Department of Personnel & A. R., 01—Salaries”.

This issues with the concurrence of Finance (R&C) Department vide their U.O. No. 1439703/Fdated 28-7-2011 and approval of Cabinet and Administrative Reforms Department.


Prabhakar V. Vaingankar, Under Secretary (G.A.).


OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 25 22ND SEPTEMBER, 2011

503

43 of 1950.

Department of Law & Judiciary

Legal Affairs Division___

Notification

10/2/2010-LA/191

The Tamil Nadu Legislative Council Act,2010 (Central Act No. 16 of 2010), which hasbeen passed by Parliament and assentedto by the President of India on 18-5-2010and published in the Gazette of India,Extraordinary, Part II, Section I dated18-5-2010, is hereby published for the generalinformation of the public.

Julio Barbosa Noronha, Under Secretary(Law).

Porvorim, 25th August, 2011._________

THE TAMIL NADU LEGISLATIVECOUNCIL ACT, 2010

AN

ACT

to provide for the creation of LegislativeCouncil for the State of Tamil Nadu and formatters supplemental, incidental andconsequential thereto.

Be it enacted by Parliament in theSixty-first Year of the Republic of India asfollows:—

1. Short title.— (1) This Act may becalled the Tamil Nadu Legislative CouncilAct, 2010.

2. Definition.— In this Act, unlessthe context otherwise requires,each of the words and expressionsused herein and not defined butdefined in the Representation ofthe People Act, 1950, shall havethe same meaning as in that Act.

3. Creation of Legislative Council for TamilNadu.— (1) As from such date as the Presidentmay, by order appoint, there shall be aLegislative Council for the State of Tamil Nadu;and as from that date, in sub-clause (a) ofclause (1) of ar ticle 168, after the word“Karnataka,”, the words “Tamil Nadu”, shallbe inserted.

(2) In the said Council, there shall be 78seats of which—

(a) the numbers to be filled by personselected by the electorates referred toin sub-clauses (a), (b) and (c) of clause (3)of article 171 shall be 26, 7 and 7respectively;

(b) the number to be filled by personselected by the members of the LegislativeAssembly of Tamil Nadu in accordancewith the provisions of sub-clause (d) of thesaid clause shall be 26; and

(c) the number to be filled by personsnominated by the Governor of Tamil Naduin accordance with the provisions ofsub-clause (e) of that clause shall be 12.

(3) As soon as may be after thecommencement of this Act, the President,after consultation with the ElectionCommission, shall, by order, determine,—

(a) the constituencies into which the Stateof Tamil Nadu shall be divided for thepurpose of elections to the said Councilunder each of the sub-clauses (a), (b) and(c) of clause (3) of article 171;

(b) the extent of each constituency; and

(c) the number of seats to be allotted toeach constituency.

(4) As soon as may be after suchdetermination, steps shall be takento constitute the said Council inaccordance with the provisions ofthis Act, the Representation of the


504

People Act, 1950 and theRepresentation of the People Act,1951.

4. Amendment of Third Schedule and FourthSchedule to Act 43 of 1950.— In theRepresentation of the People Act, 1950,—

(a) in the Third Schedule, after entry No. 6relating to Karnataka, the following entry shallbe inserted, namely:—

“7. Tamil Nadu 78 26 7 7 26 12”;

(b) in the Fourth Schedule, after the heading“KARNATAKA” and the entries thereunder,the following heading and entries shall beinserted, namely:—

“TAMIL NADU

1. Municipalities, as referred to in article

243Q of the Constitution.

2. Panchayat Union Councils.

3. Cantonment Boards.

4. District Panchayats referred

to in the Tamil Nadu Panchayat Act, 1994.”.

5. Amendment of section 15A ofAct 43 of 1951.— In section 15A ofthe Representation of the PeopleAct, 1951, after the words andfigures “under the Andhra PradeshLegislative Council Act, 2005”, thewords and figures “and consti-tuting the Legislative Council of theState of Tamil Nadu under the TamilNadu Legislative Council Act, 2010”shall be inserted.

______________

Notification

10/2/2010-LA/203

The Salaries and Allowances of Ministers(Amendment) Act, 2009 (Central Act No. 2 of2010), which has been passed by Parliamentand assented to by the President of India on

43 of 1950.

43 of 1951.

1 of 2006.

Tamil NaduAct 21 of

1994.

21-1-2010 and published in the Gazette ofIndia, Extraordinary, Part II, Section I dated22-1-2010, is hereby published for the generalinformation of the public.


Porvorim, 25th August, 2011.

_________

THE SALARIES AND ALLOWANCES OFMINISTERS (AMENDMENT) ACT, 2009

AN

ACT

further to amend the Salaries and Allowancesof Ministers Act, 1952.

Be it enacted by Parliament in theSixtieth Year of the Republic of India asfollows:—

1. Short title and commencement.— (1) ThisAct may be called the Salaries andAllowances of Ministers (Amendment) Act,2009.

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

2. Amendment of section 6 of Act 58 of1952.— In section 6 of the Salaries andAllowances of Ministers Act, 1952, forsub-section (1A), the following sub-sectionshall be substituted, namely:—

“(1A) A Minister shall be entitled to anamount equal to the fare for a singlejourney performed by him, during eachyear, within India, either alone or alongwith spouse or legitimate or step children,residing with and wholly dependent onhim, or any number of companions orrelatives, at the same rates at whichtravelling allowance is payable to suchMinister under clause (b) of sub-section(1) in respect of tours referred to in that



505

clause, subject to a maximum of forty-eightsuch fares per year:

Provided that the spouse or legitimateor step children residing with and whollydependent on the Minister, as the case maybe, may undertake such journey alone.”.

_____________

Notification

10/2/2010-LA/202

The Rubber (Amendment) Act, 2009(Central Act No. 4 of 2010), which has beenpassed by Parliament and assentedto by the President of India on 21-1-2010and published in the Gazette of India,Extraordinary, Part II, Section I dated22-1-2010, is hereby published for the generalinformation of the public.


Porvorim, 25th August, 2011.__________

THE RUBBER (AMENDMENT) ACT, 2009

AN

ACT

further to amend the Rubber Act, 1947.

Be it enacted by Parliament in theSixtieth Year of the Republic of India asfollows:—

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

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

2. Amendment of section 3.— Insection 3 of the Rubber Act, 1947(hereinafter referred to as theprincipal Act),—

24 of 1947.

(a) after clause (g), the following clauseshall be inserted, namely:—

‘(ga) “processor” means a person whoundertakes the processing of rubber;’;

(b) in clause (k), for the words “fif tyacres”, the words “ten hectares” shall besubstituted.

3. Amendment of section 4.— In theprincipal Act, in section 4, in sub-section (3),after clause (d), the following clause shall beinserted, namely:—

“(da) three members to be nominated bythe Central Government of whom two shallbe from the Department of Commerce andone from the Department of Agriculture andCo-operation;”.

4. Amendment of section 8.— In theprincipal Act, in section 8,—

(i) in sub-section (2),—

(a) after clause (d), the following clauseshall be inserted, namely:—

“(da) improving the quality of rubberand implementing the standards forquality, marking, labelling and packingfor the rubber produced or processed in,imported into or exported from, India;”;

(b) in clause (e), for the words “andmanufactures”, the words “manufacturersand processors” shall be substituted;

(ii) in sub-section (3), in clause (c), for thewords “half-yearly reports”, the words“annual report” shall be substituted.

5. Substitution of new section for sections9, 9A and 9B.— In the principal Act, forsections 9, 9A and 9B, the following sectionshall be substituted, namely:—

“9. Rubber Development Fund.— (1)There shall be a fund to be called the RubberDevelopment Fund and there shall becredited,—


506

(a) all sums forming the funds of the

Board immediately before the

commencement of the Rubber

(Amendment) Act, 2009;

(b) the proceeds of cess paid to the

Board by the Central Government under

sub-section (7) of section 12;

(c) any sum of money that may be paid

to the Board by way of grants or loans by

the Central Government;

(d) internal and extra budgetary

resources of the Board;

(e) all moneys received and collected

under section 26A; and

(f) any other sum that may be levied

and collected under this Act and the

rules made thereunder.

(2) The Rubber Development Fund shall be

applied—

(a) to meet the expenses of the Board;

(b) to meet the cost of the measures

referred to in section 8;

(c) to meet the expenditure incurred in

the performance of its functions under this

Act or the rules made thereunder;

(d) to meet the expenditure for

rehabilitation of small growers; and

(e) for making such grants to rubber

estates or for meeting the cost of such other

assistance to rubber estates as the Board

may think necessary for the development

of such estates.”.

6. Omission of section 10.— Section 10 of

the principal Act shall be omitted.

7. Amendment of section 12 .— In the

principal Act, in section 12,—

(i) in sub-section (2),—

(a) for the words “such rubber is used.”,

the words “such rubber is used or from the

exporter by whom such rubber is

exported:” shall be substituted;

(b) the following provisos shall be

inserted, namely:—

“Provided that the Central Government

may, if considered necessary in the public

interest, by order for reasons to be

recorded in writing, exempt or reduce

the duty of excise on rubber exported on

such terms and conditions as it deems fit:

Provided further that the Central

Government may, by notification in the

Official Gazette, specify zero paisa per

kilogram as the rate of duty of excise on

natural rubber produced in India and

procured for export by the exporters

of natural rubber for the period from the

1st April, 1961 to the 31st August, 2003.”;

(ii) for sub-section (3), the following

sub-section shall be substituted, namely:—

“(3) Subject to the provisions of this

Act, every owner, expor ter or the

manufacturer, as the case may be, shall

pay the duty of excise to the Board in the

manner and for the period referred to in

sub-section (4) and, if he fails to do so,

the duty may be recovered with the cost

of collection and interest at such rates,

as may be prescribed, from the owner,

exporter or the manufacturer, as the case

may be, as an arrear of the land

revenue.”;



507

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

(a) for the words “fifteen days”, the

words “thirty days” shall be

substituted;

(b) in sub-clause (ii), for the words

“rubber used”, the words “rubber

acquired” shall be substituted;

(iv) in sub-section (5),—

(a) for the words “owner or

manufacturer”, the words “owner,

exporter or manufacturer” shall be

substituted;

(b) af ter the words “as may be

prescribed”, the following shall be

inserted, namely:—

“and collect the cess from the owner,

exporter or the manufacturer, as the

case may be, after issuing a notice and

after making such enquiry as it

considers necessary, with such rate of

interest as fixed under sub-

-section (3):

Provided that where for any reason,

the Board finds that an owner, exporter

or manufacturer, as the case may be,

has paid cess in excess of what is due

from him, it shall be adjusted against

the future payment, if any, from him or

shall be refunded to him.”.

8. Amendment of section 13 .— In the

principal Act, in section 13, in sub-section (1),

after the words “The Central Government

may”, the words “, if it deems necessary,”

shall be inserted.

9. Substitution of new section for section

17.— In the principal Act, for section 17, the

following section shall be substituted,

namely:—

“17. Implementation of standards for

quality, marking, etc., for rubber.— (1) The

Board shall implement the standards for

quality, marking, labelling and packing for

various marketable forms of rubber, for

the rubber produced or processed in,

imported into or exported from India.

(2) Any officer of the Board authorised by

the Chairman may at any reasonable time

inspect the rubber sold or purchased by any

dealer or processor at any factory or other

premises of a dealer, processor or

manufacturer or exporter for the purpose

of ensuring the compliance of the standards

under sub-section (1).”.

10. Omission of section 18.— Section 18 of

the principal Act shall be omitted.

11. Amendment of section 19.— In the

principal Act, in section 19, for the words and

figures “section 15 or section 17”, the words

and figures “or section 15” shall be

substituted.


principal Act, in section 21,—

(a) for the words “any officer of the Board

may”, the words “any officer of the Board

authorised by the Chairman may” shall be

substituted;

(b) for the words “manufacturer, for”, the

words “manufacturer or processor, for”

shall be substituted.

13. Insertion of new section 22A.— In the

principal Act, after section 22, the following

section shall be inserted, namely:—


508

“22A. Power of Central Government to

issue directions to Board.— (1) Without

prejudice to the foregoing provisions of

this Act, the Board shall, in the discharge of

its functions and duties under this Act, be

bound by such directions on questions of

policy as the Central Government may give

in writing to it from time to time:

Provided that the Board shall, as far as

practicable, be given opportunity to express

its views before any direction is given under

this sub-section.

(2) The decision of the Central

Government whether a question is one of

the policy or not shall be final.”.




“24A. Power to delegate.— The Central

Government may, by notification in the

Official Gazette, direct that any power

exercisable and functions performed by it

under this Act may be exercised and

performed in such cases and subject to such

conditions, if any, as may be specified in the

notification by such officer or authority as

may be specified therein.”.


principal Act, in section 25, in

sub-section (2),—

(a) clause (xx) shall be omitted;

(b) after clause (xxa), the following clause

shall be inserted, namely:—

“(xxb) the cost of collection and the rate

of interest to be recovered in case of

delayed payment of duty under sub-section

(3) of section 12;”;

(c) in clause (xxi), the words and figures

“or section 17” shall be omitted.




“25A. Power to make regulations.— (1)

The Board may, with the previous approval

of the Central Government, by notification

make regulations, not inconsistent

with the provisions of this Act and the

rules made thereunder, to carry out its

functions.

(2) Every regulation made under sub-

-section (1) shall be laid before each House

of Parliament.”.


principal Act, in section 26, in sub-section (1),

for the words “one thousand rupees”, the

words “five thousand rupees” shall be

substituted.




“26A. Compounding of

offences.— Notwithstanding

anything contained in the Code

of Criminal Procedure, 1973, any

offence punishable under this Act

may, either before the institution

of prosecution or with the

permission of the Court after the

institution of the prosecution, be

compounded by the Board on

payment to the Board such sum

of money as does not exceed the

value of the goods in respect of

which contravention has been

committed.”.

2 of 1974.



509

Notification

10/2/2010-LA/184

The Industrial Disputes (Amendment) Act,

2010 (Central Act No. 24 of 2010), which has

been passed by Parliament and assented

to by the President of India on 18-8-2010

and published in the Gazette of India,

Extraordinary, Part II, Section I dated

19-8-2010, is hereby published for the general

information of the public.

Julio Barbosa Noronha, Under Secretary

(Law).


_________

THE INDUSTRIAL DISPUTES(AMENDMENT) ACT, 2010

AN

ACT

further to amend the Industrial Disputes

Act, 1947.

Be it enacted by Parliament in the

Sixty-first Year of the Republic of India as

follows:—

1. Short title and commencement.— (1) This

Act may be called the Industrial Disputes

(Amendment) Act, 2010.

(2) It shall come into force on such date as

the Central Government may, by notification

in the Official Gazette, appoint.

2. Amendment of section 2.— In

the Industrial Disputes Act, 1947

(hereinafter referred to as the

principal Act), in section 2,—

(i) in clause (a),—

(a) in sub-clause (i), for the words “major

port, the Central Government, and”, the

words “major port, any company in which

not less than fifty-one per cent. of the

paid-up share capital is held by the Central

Government, or any corporation, not being

a corporation referred to in this clause,

established by or under any law made by

Parliament, or the Central public sector

undertaking, subsidiary companies set up

by the principal undertaking and

autonomous bodies owned or controlled by

the Central Government, the Central

Government, and” shall be substituted;

(b) for sub-clause (ii), the following

sub-clause shall be substituted, namely:—

“(ii) in relation to any other industrial

dispute, including the State public sector

undertaking, subsidiary companies set

up by the principal undertaking and

autonomous bodies owned or controlled

by the State Government, the State

Government:

Provided that in case of a dispute

between a contractor and the contract

labour employed through the contractor

in any industrial establishment where

such dispute first arose, the appropriate

Government shall be the Central

Government or the State Government, as

the case may be, which has control over

such industrial establishment.”;

(ii) in clause (s), in sub-clause (iv), for the

words “one thousand six hundred rupees”,

the words “ten thousand rupees” shall be

substituted.

3. Amendment of section 2A.— Section 2A

of the principal Act shall be numbered as

sub-section (1) thereof and after sub-section

14 of 1947.


510

(1) as so numbered, the following sub-sectionsshall be inserted, namely:—

“(2) Notwithstanding anything containedin section 10, any such workman as isspecified in sub-section (1) may, make anapplication direct to the Labour Court orTribunal for adjudication of the disputereferred to therein after the expiry of forty--five days from the date he has made theapplication to the Conciliation Officer of theappropriate Government for conciliation ofthe dispute, and in receipt of suchapplication the Labour Court or Tribunalshall have powers and jurisdiction toadjudicate upon the dispute, as if it were adispute referred to it by the appropriateGovernment in accordance with theprovisions of this Act and all the provisionsof this Act shall apply in relation to suchadjudication as they apply in relation to anindustrial dispute referred to it by theappropriate Government.

(3) The application referred to insub-section (2) shall be made to the LabourCourt or Tribunal before the expiry of threeyears from the date of discharge, dismissal,retrenchment or otherwise termination ofservice as specified in sub-section (1).”.

4. Amendment of section 7.— In section 7of the principal Act, in sub-section (3), afterclause (e), the following clauses shall beinserted, namely:—

“(f) he is or has been a Deputy ChiefLabour Commissioner (Central) or JointCommissioner of the State LabourDepartment, having a degree in law and atleast seven years’ experience in the labourdepartment including three years ofexperience as Conciliation Officer:

Provided that no such Deputy ChiefLabour Commissioner or Joint LabourCommissioner shall be appointed unless heresigns from the service of the CentralGovernment or State Government, as thecase may be, before being appointed as thepresiding officer; or

(g) he is an officer of Indian Legal Servicein Grade III with three years’ experience inthe grade.”.

5. Amendment of section 7A.— In section7A of the principal Act, in sub-section (3), afterclause (aa), the following clauses shall beinserted, namely:—

“(b) he is or has been a Deputy ChiefLabour Commissioner (Central) or JointCommissioner of the State LabourDepartment, having a degree in law and atleast seven years’ experience in the labourdepartment including three years ofexperience as Conciliation Officer:

Provided that no such Deputy ChiefLabour Commissioner or Joint LabourCommissioner shall be appointed unless heresigns from the service of the CentralGovernment or State Government, as thecase may be, before being appointed as thepresiding officer; or

(c) he is an officer of Indian Legal Servicein Grade III with three years’ experiencein the grade.

6. Substitution of new Chapter for ChapterIIB.— After section 9B of the principal Act, forChapter IIB, the following Chapter shall besubstituted, namely:—

“CHAPTER IIB

Grievance Redressal Machinery

9C. Setting up of Grievance RedressalMachinery.— (1) Every industrialestablishment employing twenty or moreworkmen shall have one or more GrievanceRedressal Committee for the resolution ofdisputes arising out of individual grievances.

(2) The Grievance Redressal Committeeshall consist of equal number of membersfrom the employer and the workmen.

(3) The chairperson of the GrievanceRedressal Committee shall be selected from



511

the employer and from among the workmenalternatively on rotation basis every year.

(4) The total number of members of theGrievance Redressal Committee shall notexceed more than six:

Provided that there shall be, as far aspracticable, one woman member if theGrievance Redressal Committee has twomembers and in case the number ofmembers are more than two, the numberof women members may be increasedproportionately.

(5) Notwithstanding anything containedin this section, the setting up of GrievanceRedressal Committee shall not affect theright of the workman to raise industrialdispute on the same matter under theprovisions of this Act.

(6) The Grievance Redressal Committeemay complete its proceedings within thirtydays on receipt of a written application byor on behalf of the aggrieved party.

(7) The workman who is aggrieved of thedecision of the Grievance RedressalCommittee may prefer an appeal to theemployer against the decision of GrievanceRedressal Committee and the employershall, within one month from the date ofreceipt of such appeal, dispose off the sameand send a copy of his decision to theworkman concerned.

(8) Nothing contained in this section shallapply to the workmen for whom there isan established Grievance RedressalMechanism in the establishmentconcerned.”.

7. Amendment of section 11.— In section11 of the principal Act, after sub-section (8),the following sub-sections shall be inserted,namely:—

“(9) Every award made, orderissued or settlement arrived at by

or before Labour Court orTribunal or National Tribunal shallbe executed in accordance withthe procedure laid down forexecution of orders and decree ofa Civil Court under order 21 of theCode of Civil Procedure, 1908.

(10) The Labour Court or Tribunal orNational Tribunal, as the case may be, shalltransmit any award, order or settlement toa Civil Court having jurisdiction and suchCivil Court shall execute the award, orderor settlement as if it were a decree passedby it.”.

8. Amendment of section 38.— In section38 of the principal Act, in sub-section (2),—

(i) clause (ab) shall be omitted;

(ii) for clause (c), the following clause shallbe substituted, namely:—

“(c) the salaries and allowances and the

terms and conditions for appointment of the

presiding officers of the Labour Court,

Tribunal and the National Tribunal including

the allowances admissible to members of

Courts, Boards and to assessors and

witnesses;”.

_____________

Notification

10/2/2010-LA/190

The Plantations Labour (Amendment) Act,2010 (Central Act No. 17 of 2010), which hasbeen passed by Parliament and assentedto by the President of India on 18-5-2010and published in the Gazette of India,Extraordinary, Part II, Section I dated18-5-2010, is hereby published for the generalinformation of the public.



5 of 1908.


512

THE PLANTATIONS LABOUR(AMENDMENT) ACT, 2010

AN

ACT

further to amend the Plantations LabourAct, 1951.


1. Short title and commencement.— (1) ThisAct may be called the Plantations Labour(Amendment) Act, 2010.

(2) It shall come into force on such date asthe Central Government may, by notificationin the Official Gazette, appoint, and differentdates may be appointed for differentprovisions of this Act and for different Statesand any reference in any such provision to thecommencement of this Act shall, in relationto any State, be construed as a reference tothe coming into force of that provision in thatState.

2. Amendment of section 2.— Insection 2 of the Plantations LabourAct, 1951 (hereinafter referred to asthe principal Act),—

(a) in clause (e), the following Explanationshall be inserted, namely:—

‘Explanation.— For the purposes of thisclause, “the person who has the ultimatecontrol over the affairs of the plantation”means in the case of a plantation owned orcontrolled by—

(i) a company, firm or other associationof individuals, whether incorporated ornot, every director, partner or individual;

(ii) the Central Government or StateGovernment or any local authority, theperson or persons appointed to managethe affairs of the plantation; and

(iii) a lessee, the lessee;’;

(b) in clause (ee), for the words “andincludes, where the worker is a male, hisparents dependent upon him”, the words“and includes parents and widow sister,dependent upon him or her” shall besubstituted;

(c) in clause (k),—

(i) in the opening portion, after the words“manual or clerical”, the words “andincludes a person employed on contract formore than sixty days in a year” shall beinserted;

(ii) in sub-clause (ii), for the words“rupees seven hundred and fifty”, thewords “rupees ten thousand” shall besubstituted;

(iii) in sub-clause (iii), for the words“managerial capacity, notwithstandingthat his monthly wages do not exceedrupees seven hundred and fifty”, the words“managerial or administrative capacity,notwithstanding that his monthly wagesdo not exceed rupees ten thousand” shallbe substituted.

3. Amendment of section 7.— In section 7of the principal Act, in sub-section (2), inclause (b), for the words “and children are,or are to be”, the word “are” shall besubstituted.

4. Amendment of section 10.— In section10 of the principal Act, in sub-section (2), forthe words “chief inspector”, the words “StateGovernment upon a request by the chiefinspector” shall be substituted.

5. Insertion of new Chapter IVA.— AfterChapter IV of the principal Act, the followingChapter shall be inserted, namely:—

“CHAPTER IVA

Provisions as to safety

18A. Safety.— (1) In every plantation,effective arrangements shall be made by theemployer to provide for the safety of workersin connection with the use, handling,storage and transport of insecticides,chemicals and toxic substances.

69 of 1951.



513

(2) The State Government may makerules for prohibiting or, restrictingemployment of women or adolescents inusing or handling hazardous chemicals.

(3) The employer shall appoint personspossessing the prescribed qualifications tosupervise the use, handling, storage andtransportation of insecticides, chemicalsand toxic substances in his plantation.

(4) Every employer shall ensure thatevery worker in plantation employed forhandling, mixing, blending and applyinginsecticides, chemicals and toxicsubstances, is trained about the hazardsinvolved in different operations in which heis engaged, the various safety measures andsafe work practices to be adopted inemergencies arising from spillage of suchinsecticides, chemicals and toxicsubstances and such other matters asmay be prescribed by the StateGovernment.

(5) Every worker who is exposed toinsecticides, chemicals and toxicsubstances shall be medically examinedperiodically, in such manner as may beprescribed, by the State Government.

(6) Every employer shall maintain healthrecord of every worker who is exposed toinsecticides, chemicals and toxicsubstances which are used, handled, storedor transported in a plantation, and everysuch worker shall have access to suchrecord.

(7) Every employer shall provide—

(a) washing, bathing and cloak roomfacilities; and

(b) protective clothing and equipment,

to every worker engaged in handlinginsecticides, chemicals or toxic substances insuch manner as may be prescribed by theState Government.

(8) Every employer shall display in theplantation a list of permissibleconcentrations of insecticides, chemicalsand toxic substances in the breathing zoneof the workers engaged in the handling andapplication of such insecticides, chemicalsand toxic substances.

(9) Every employer shall exhibit suchprecautionary notices as may be prescribedby the State Government indicating thehazards of insecticides, chemicals and toxicsubstances.

18B. Power of State Government to makerules.— (1) The State Government may, bynotification in the Official Gazette, makerules to carry out the purposes of thisChapter.

(2) In particular, and without prejudiceto the generality of the foregoing power,such rules may provide for all or any of thefollowing matters, namely:—

(a) the restriction on employment ofwomen and adolescents for handlinghazardous chemicals under sub-section(2) of section 18A;

(b) the qualifications of supervisorappointed under sub-section (3) ofsection 18A;

(c) the matters for training of workersunder sub-section (4) of section 18A;

(d) the medical examination of workersunder sub-section (5) of section 18A.

(e) the facilities and equipment to beprovided to the workers engaged inhandling insecticides, chemicals andtoxic substances under sub-section (7) ofsection 18A;

(f) the precautionary notices to beexhibited under sub-section (9) of section18A.”.

6. Amendment of section 19.— In section19 of the principal Act, in sub-section (1), thewords “or child” shall be omitted.


514

7. Insertion of new section 24.— Aftersection 23 of the principal Act, the followingsection shall be inserted, namely:—

“24. Prohibition of employment ofChildren.— No child shall be employed towork in any plantation.”.

8. Amendment of section 25.— In section25 of the principal Act,—

(a) the words “or child” shall be omitted;

(b) in the marginal heading, the words“and children” shall be omitted.


(a) in the opening portion, the words“child and no” shall be omitted;

(b) in clause (b), the words “child or” shallbe omitted.

10. Amendment of section 27.—In section27 of the principal Act, in sub-section (1), thewords “either as a child or” shall be omitted.

11. Insertion of new section 32C.— Aftersection 32B of the principal Act, the followingsection shall be inserted namely:—

“32C. Compensation.— Theemployer shall give compensationto a worker in plantation in caseof accident and the memorandumrelating to such compensationshall be got registered by theemployer with the Commissionerin accordance with the provisionsof the Workmen’s CompensationAct, 1923.”.

12. Amendment of sections 33, 35 and 36.—In sections 33, 35 and 36 of the principal Act,for the words “three months, or with finewhich may extend to five hundred rupees, orwith both”, wherever they occur, the words“six months, or with fine which may extend

to ten thousand rupees, or with both” shallbe substituted.

13. Amendment of section 34.— In section34 of the principal Act, for the words “onemonth, or with fine which may extend to fiftyrupees, or with both,” the words “twomonths, or with fine which may extend to onethousand rupees, or with both” shall besubstituted.

14. Amendment of section 37.— In section37 of the principal Act, for the words “sixmonths, or with fine which may extend to onethousand rupees, or with both”, the words“one year, or with fine which shall not be lessthan ten thousand rupees but which mayextend to one lakh rupees, or with both” shallbe substituted.

15. Substitution of new sections for section39.— For section 39 of the principal Act, thefollowing sections shall be substituted,namely:—

“39. Cognizance of offences.— No courtshall take cognizance of any offence underthis Act except on a complaint made by anyworker or an office bearer of a trade unionof which such worker is a member or aninspector and no court inferior to that of ametropolitan magistrate or a judicialmagistrate of the first class shall try anyoffence punishable under this Act.

39A. Protection of action taken in goodfaith.— No suit, prosecution or other legalproceeding shall lie against any person foranything which is in good faith done orintended to be done under this Act.”.

16. Amendment of section 43.— In section43 of the principal Act, for sub-section (3), thefollowing sub-section shall be substituted,namely:—

“(3) Every rule made by the StateGovernment under this Act shall, as soonas may be after it is made, be laid beforethe State Legislature.”.

8 of 1923.



515

Notification

10/2/2010-LA/180

The Energy Conservation (Amendment)Act, 2010 (Central Act No. 28 of 2010), whichhas been passed by Parliament and assentedto by the President of India on 24-8-2010and published in the Gazette of India,Extraordinary, Part II, Section I dated25-8-2010, is hereby published for the generalinformation of the public.



_________

THE ENERGY CONSERVATION(AMENDMENT) ACT, 2010

AN

ACT

to amend the Energy Conservation Act, 2001.


1. Short title.— (1) This Act may be calledthe Energy Conservation (Amendment) Act,2010.

2. Amendment of section 2.— Insection 2 of the EnergyConservation Act, 2001 (hereinafterreferred to as the principal Act),—

(i) in clause (a), for the words “an auditorpossessing qualifications specified under”,the words “an energy auditor accreditedin accordance with the provisions of” shallbe substituted;

(ii) in clause (b), for the words and figures“established under section 30”, the wordsand figures “referred to in section 30” shallbe substituted;

(iii) for clause (c), the following clauseshall be substituted, namely:—

‘(c) “building” means any structure orerection or part of structure or erectionafter the rules relating to energyconservation building codes have beennotified under clause (p) of section 14 andclause (a) of section 15 and includes anyexisting structure or erection or part ofstructure or erection, which is having aconnected load of 100 Kilowatt (kW) orcontract demand of 120 Kilo-volt Ampere(kVA) and above and is used or intendedto be used for commercial purposes;’;

(iv) after clause (m), the following clausesshall be inserted, namely:—

‘(ma) “energy savings certificate”means any energy savings certificateissued to the designated consumersunder sub-section (1) of section 14A;

(maa) “equipment or appliance” meansany equipment or appliance whichconsumes, generates, transmits orsupplies energy and includes any devicethat consumes any form of energy andproduces a desired work;’.

3. Amendment of section 9.— In section 9of the principal Act, in sub-section (3), for thewords “three years”, the words “five years”shall be substituted.

4. Amendment of section 10.— In section10 of the principal Act, in sub-section (1), forthe words “The Central Government”, thewords “The Bureau” shall be substituted.


(i) after clause (a), the following clause shallbe inserted, namely:—

“(aa) recommend to the CentralGovernment for issuing of the energysavings certificate under section 14A;”;

(ii) for clause (p), the following clause shallbe substituted, namely:—

52 of 2001.


516

“(p) specify, by regulations, thequalifications, criteria and conditionssubject to which a person may beaccredited as an energy auditor and theprocedure for such accreditation;”;

(iii) in clause (r), for the words “energymanagers”, the words “energy auditors andenergy managers” shall be substituted;

(iv) after clause (s), the following clauseshall be inserted, namely:—

“(sa) conduct examination for capacitybuilding and strengthening of services inthe field of energy conservation includingcertification of energy managers andenergy auditors.”.


(i) in clause (c), for the proviso, the followingprovisos shall be substituted, namely:—

“Provided that no notification prohibitingmanufacture or sale or purchase or importof equipment or appliance shall be issuedwithin a period of six months from the dateof notification issued under clause (a) ofthis section:

Provided further that the CentralGovernment may, having regard to themarket share and the technologicaldevelopment having impact on equipmentor appliance, and for reasons to berecorded in writing, extend the said periodof six months referred to in the first provisoby a further period not exceeding sixmonths;”;

(ii) in clause (e), for the words “any user or

class of users of energy as a designated

consumer”, the words “any user or class of

users of energy in the energy intensive

industries and other establishments as

specified in the Schedule as a designated

consumer” shall be substituted;

(iii) in clause (m), for the words “energymanagers”, the words “energy auditors andenergy managers” shall be substituted;

(iv) in clause (o), for the words “such formand manner”, the words “such form, the timewithin which and the manner” shall besubstituted.

7. Insertion of new sections 14A and 14B.—After section 14 of the principal Act, thefollowing sections shall be inserted, namely:—

“14A. Power of Central Government toissue energy savings certificate.— (1) TheCentral Government may issue the energysavings certificate to the designatedconsumer whose energy consumption isless than the prescribed norms andstandards in accordance with theprocedure as may be prescribed.

(2) The designated consumer whoseenergy consumption is more than theprescribed norms and standards shall beentitled to purchase the energy savingscertificate to comply with the prescribednorms and standards.

14B. Power of Central Government tospecify value of energy.— The CentralGovernment may, in consultation with theBureau, prescribe the value of per metricton of oil equivalent of energy consumed forthe purposes of this Act.”.


(a) in sub-section (1),—

(i) the words, brackets and letter “orclause (n)” shall be omitted;

(ii) for the words “ten thousand rupees”,the words “ten lakh rupees” shall besubstituted;

(iii) for the words “one thousand rupees”,the words “ten thousand rupees” shall besubstituted;



517

(b) after sub-section (1), the followingsub-section shall be inserted, namely:—

“(1A) If any person fails to complywith the provisions of clause (n) of section14, he shall be liable to a penalty whichshall not exceed ten lakh rupees and, inthe case of continuing failure, with anadditional penalty which shall not be lessthan the price of every metric ton of oilequivalent of energy, prescribed underthis Act, that is in excess of theprescribed norms.”.

9. Substitution of new section for section30.— For section 30 of the principal Act, thefollowing section shall be substituted,namely:—

“30. Appellate Tribunal.— TheAppellate Tribunal establishedunder section 110 of theElectricity Act, 2003 shall,without prejudice to theprovisions of the Electricity Act,2003, be the Appellate Tribunalfor the purposes of this Act andhear appeals against the ordersof the adjudicating officer or theCentral Government or the StateGovernment or any otherauthority under this Act.”.

10. Insertion of new section 31A.— Aftersection 31 of the principal Act, the followingsection shall be inserted, namely:—

“31A. Procedure and powersof Appellate Tribunal .— Theprovisions of sections 120 to 123(both inclusive) of the ElectricityAct, 2003 shall, mutatismutandis, apply to the AppellateTribunal in the discharge of itsfunctions under this Act as theyapply to it in the discharge of itsfunction under the ElectricityAct, 2003.”.

11. Omission of sections 32 to 43.— Sections32 to 43 of the principal Act shall be omitted.

12. Amendment of section 54.— In section54 of the principal Act, the words“Chairperson of the Appellate Tribunal or theMembers of the Appellate Tribunal or officersor employees of the Appellate Tribunal or theMembers of the State Commission or the”shall be omitted.


(i) in clause (j), for the words “energymanagers”, the words “energy auditors andenergy managers” shall be substituted;

(ii) after sub-clause (l), the followingclauses shall be inserted, namely:—

“(la) prescribing the procedure forissuing the energy savings certificateunder sub-section (1) of section 14A;

(laa) the value of per metric ton of oilequivalent of energy consumed undersection 14B.”.

(iii) clauses (s), (t) and (u) shall be omitted.


(a) for clause (f), the following clause shallbe substituted, namely:—

“(f) the qualifications, criteria andconditions subject to which a person maybe accredited as an energy auditor andthe procedure for such accreditationunder clause (p) of sub-section (2) ofsection 13;”;

(b) in clause (h), for the words “energymanagers”, the words “energy auditorsand energy managers” shall besubstituted.

15. Amendment of the Schedule.— In theSchedule to the principal Act, in the heading,the words “specified as designatedconsumers” shall be omitted.

36 of 2003.

36 of 2003.


518

16. Amendment of certain enactment.—The enactment specified in the Schedule tothis Act shall be amended in the mannerspecified therein.

__________

THE SCHEDULE

(See section 16)

Amendment to the Electricity Act, 2003

(36 of 2003)

Amendment of section 110.— In section 110, forthe words “under this Act”, the words “under thisAct or any other law for the time being in force”shall be substituted.

__________

Notification

10/2/2010-LA/181

The State Bank of India (Amendment) Act,2010 (Central Act No. 27 of 2010), which hasbeen passed by Parliament and assentedto by the President of India on 24-8-2010and published in the Gazette of India,Extraordinary, Part II, Section I dated25-8-2010, is hereby published for the generalinformation of the public.



_________

THE STATE BANK OF INDIA(AMENDMENT) ACT, 2010

AN

ACT

further to amend the State Bank of IndiaAct, 1955.


1. Short title and commencement.— (1) ThisAct may be called the State Bank of India(Amendment) Act, 2010.

(2) It shall come into force on such date asthe Central Government may, by notificationin the Official Gazette, appoint:

Provided that different dates may beappointed for different provisions of this Actand any reference in any such provision tothe commencement of this Act shall beconstrued as a reference to the coming intoforce of that provision.

2. Amendment of section 2.— Insection 2 of the State Bank of IndiaAct, 1955 (hereinafter referred toas the principal Act), clause (i) shallbe omitted.


“4. Authorised capital.— Subject to theprovisions of this Act, the authorised capitalof the State Bank shall be five thousandcrores of rupees divided into five hundredcrores of fully paid-up shares often rupees each:

Provided that the Central Board mayreduce the nominal or face value of theshares, and divide the authorised capitalinto such denomination as it may decidewith the approval of the Reserve Bank:

Provided further that the CentralGovernment may, in consultation with theReserve Bank, increase or reduce theauthorised capital so however that theshares in all cases shall be fully paid-upshares.”.

4. Amendment of section 5.— In section 5of the principal Act,—

(a) for sub-section (2), the followingsub-section shall be substituted, namely:—

“(2) The issued capital of the State Bankshall consist of equity shares or equity andpreference shares:

23 of 1955.



519

Provided that the issue of preferenceshares shall be in accordance with theguidelines framed by the Reserve Bankspecifying the class of preference shares,the extent of issue of each class of suchpreference shares (whether perpetual orirredeemable or redeemable) and the termsand conditions subject to which, each classof preference shares may be issued:

Provided further that the Central Boardmay from time to time increase, with theprevious approval of the Reserve Bank andthe Central Government, whether by publicissue or rights issue or preferential allotmentor private placement, in accordance withthe procedure as may be prescribed, theissued capital by the issue of equity orpreference shares:

Provided also that the CentralGovernment shall, at all times, hold not lessthan fifty-one per cent. of the issued capitalconsisting of equity shares of the StateBank.”;

(b) after sub-section (3), the followingsub-sections shall be inserted, namely:—

“(4) Subject to the provisions containedin sub-section (2), the Central Board mayincrease from time to time, by way of issuingbonus shares to existing equityshareholders, the issued capital in suchmanner as the Central Government may,after consultation with the Reserve Bank,direct.

(5) The State Bank may, accept the moneyin respect of shares issued towards increasein the issued capital in instalments, makecalls, forfeit unpaid shares and re-issuethem, in such manner as may beprescribed.”.

5. Amendment of section 10.— In section10 of the principal Act, in sub-section (2), forthe words “fifty-five per cent. of the issuedcapital”, the words “fifty-one per cent. of theissued capital consisting of equity shares,”shall be substituted.


“10A. Right of registered shareholdersto nominate.— (1) Every individualregistered shareholder may, at any time,nominate, in the prescribed manner, anindividual to whom all his rights in theshares shall vest in the event of his death.

(2) Where the shares are registered in thename of more than one individual jointly,the joint holders may together nominate inthe prescribed manner, an individual towhom all their rights in the shares shall vestin the event of the death of all the jointholders.

(3) Notwithstanding anything containedin any other law for the time being in forceor in any disposition, whether testamentaryor otherwise, where a nomination in respectof shares is made in the prescribed mannerand which purports to confer on thenominee the right to vest the shares, thenominee shall, on the death of theshareholder or, as the case may be, on thedeath of all the joint holders, becomeentitled to all the rights of the shareholderor, as the case may be, of all the joint holdersin relation to such shares and all otherpersons shall be excluded unless thenomination is varied or cancelled in theprescribed manner.

(4) Where the nominee is a minor, it shallbe lawful for the individual registered holderof the shares to make nomination to appoint,in the prescribed manner, any person tobecome entitled to the shares in the eventof his death during the minority of thenominee.”.

7. Amendment of section 11.— In section 11of the principal Act, after the proviso,the following provisos shall be inserted,namely:—

“Provided further that the shareholderholding any preference share capital in the


520

State Bank shall, in respect of such capital,have a right to vote only on resolutionsplaced before the State Bank which directlyaffect the rights attached to his preferenceshares:

Provided also that no preferenceshareholder, other than the CentralGovernment, shall be entitled to exercisevoting rights in respect of preference sharesheld by him in excess of ten per cent. oftotal voting rights of all the shareholdersholding preference share capital only.”.

8. Amendment of section 13.— In section13 of the principal Act, in sub-section (2), forthe words “in computer floppies or diskettes”,the words “in computer floppies or diskettesor any other electronic form” shall besubstituted.


(a) in sub-section (1), for the word“Bombay”, the words “Mumbai, and shallalso be known as Corporate Centre” shallbe substituted;

(b) in sub-section (2), for the words“Bombay, Calcutta and Madras”, the words“Mumbai, Kolkata and Chennai” shall besubstituted.


(a) in clause (a), the words “and avice-chairman” shall be omitted;

(b) for clause (b), the following clauseshall be substituted, namely:—

“(b) such number of managingdirectors not exceeding four, as maybe appointed by the Central Governmentin consultation with the ReserveBank;”;

(c) clause (bb) shall be omitted;

(d) in clause (d), the words “inconsultation with the Reserve Bank,” shallbe omitted;

(e) for clause (f), the following clauseshall be substituted, namely:—

“(f) one director, possessing necessaryexpertise and experience in mattersrelating to regulation or supervision ofcommercial banks to be nominated bythe Central Government on therecommendation of the Reserve Bank.”.

11. Insertion of new sections 19A and 19B.—After section 19 of the principal Act, thefollowing sections shall be inserted,namely:—

“19A. Qualifications for election ofdirectors elected by shareholders.— (1)The directors elected under clause (c) ofsection 19 shall—

(a) have special knowledge orexperience in respect of one or more ofthe following areas, namely:—

(i) agriculture and rural economy,(ii) banking,(iii) co-operation,(iv) economics,(v) finance,(vi) law,(vii) small-scale industry,(viii) any other area the special

knowledge of, and experience in,which in the opinion of the ReserveBank shall be useful to the State Bank;

(b) represent the interests ofdepositors; or

(c) represent the interests of farmers,workers and artisans.

(2) Without prejudice to the provisionsof sub-section (1) and notwithstandinganything to the contrary contained in thisAct or in any other law for the time being inforce, no person shall be eligible to be



521

elected as director under clause (c) ofsection 19 unless he is a person having fitand proper status based upon track record,integrity and such other criteria as theReserve Bank may notify from time to timein this regard and the Reserve Bank mayspecify in the notification issued under thissub-section, the authority to determine thefit and proper status, the manner of suchdetermination, the procedure to be followedfor such determinations and such othermatters as may be considered necessaryor incidental thereto.

(3) Where the Reserve Bank is of theopinion that any director of the State Bankelected under clause (c) of section 19 doesnot fulfil the requirements of sub-sections(1) and (2), it may, after giving to suchdirector and the State Bank a reasonableopportunity of being heard, by order,remove such director.

(4) On the removal of a director undersub-section (3), the Central Board shallco-opt any other person fulfilling therequirements of sub-sections (1) and (2), asa director in place of the person so removed,till a director is duly elected by theshareholders of the State Bank in the nextannual general meeting; and the person soco-opted shall be deemed to have been dulyelected by the shareholders of the StateBank as a director.

19B. Power of Reserve Bank to appointadditional directors.— (1) If the ReserveBank is of the opinion that in the interest ofbanking policy or in the public interest orin the interests of the State Bank or itsdepositors, it is necessary so to do, it may,from time to time and by order in writingappoint, with effect from such date as maybe specified in the order, one or morepersons as additional directors of the StateBank.

(2) Any person appointed as additionaldirector under sub-section (1) shall,—

(a) hold office during the pleasure ofthe Reserve Bank and subject thereto for

a period not exceeding three years orsuch further periods not exceeding threeyears at a time as the Reserve Bank may,by order, specify;

(b) not incur any obligation or liabilityby reason only of his being an additionaldirector or for anything done or omittedto be done in good faith in the executionof the duties of his office or in relationthereto; and

(c) not be required to hold qualificationshares in the State Bank.

(3) For the purpose of reckoning anyproportion of the total number of directorsof the State Bank, any additional directorappointed under this section shall not betaken into account.”.


(a) in sub-section (1), the words “,vice--chairman” shall be omitted;

(b) in sub-section (1A), the word“, vice--chairman”, occurring at both the places,shall be omitted;

(c) in sub-section (3A), the words “andthereafter until his successor shall havebeen duly appointed or nominated”, shallbe omitted.


(a) in sub-section (1)—

(i) for clause (a), the following clauseshall be substituted, namely:—

“(a) the chairman, ex officio or themanaging director nominated by thechairman;”;

(ii) in clause (c), the words “inconsultation with the Reserve Bank” shallbe omitted;


522

(b) in sub-section (5), for the words“Governor of the Reserve Bank”, the words“Central Government” shall be substituted.

14. Substitution of new section for section21B.— For section 21B of the principal Act, thefollowing section shall be substituted,namely:—

“21B. Powers of Local Board.— In respectof the area falling within the jurisdiction ofthe local head office for which the LocalBoard has been constituted, a Local Boardshall, subject to such general or specialdirection as the Central Board may give fromtime to time, exercise such powers andperform such duties and functions as maybe entrusted or delegated to it by theCentral Board.”.

15. Amendment of section 21C.— In section21C of the principal Act, for sub-section (2),the following sub-section shall be substituted,namely:—

“(2) The chairman or the managingdirector nominated by him shall be an exofficio member of every such LocalCommittee.”.


(a) in clause (d), the word “vice--chairman” shall be omitted;

(b) for clause (h), the following clauseshall be substituted, namely:—

“(h) in the case of an elected director,he is not registered as a holder in hisown right of unencumbered shares in theState Bank, either as sole holder or asfirst named holder when jointly held, ofa nominal value of at least five thousandrupees:”.

17. Amendment of section 23.— In section23 of the principal Act, in clause (b), the word“,vice-chairman” shall be omitted.


(a) in sub-section (1), the word “, vice--chairman” shall be omitted;

(b) in sub-section (3), the words “afterconsulting the Reserve Bank,” shall beomitted.


“24A. Supersession of Central Board incertain cases.— (1) Where the CentralGovernment, on the recommendation of theReserve Bank is satisfied that in the publicinterest or for preventing the affairs of theState Bank being conducted in a mannerdetrimental to the interest of the depositorsor the State Bank or for securing the propermanagement of the State Bank, it isnecessary so to do, the Central Governmentmay, for reasons to be recorded in writing,by order, supersede the Central Board for aperiod not exceeding six months as may bespecified in the order:

Provided that the period of supersessionof the Central Board may be extended fromtime to time, so, however, that the totalperiod shall not exceed twelve months.

(2) On supersession of the Central Boardunder sub-section (1), the CentralGovernment may, in consultation with theReserve Bank, appoint an Administrator(not being an officer of the CentralGovernment or a State Government) whohas experience in law, finance, banking,economics or accountancy, for such periodas it may determine.

(3) The Central Government may issuesuch directions to the Administrator as itmay consider necessary and theAdministrator shall be bound to followsuch directions.

(4) Notwithstanding anything contained

in this Act, upon making the order of

supersession of the Central Board—



523

(a) the chairman, managing directorand other directors shall, as from the dateof supersession, vacate their offices assuch;

(b) all the powers, functions and dutieswhich may, by or under the provisions ofthis Act or any other law for the time beingin force, be exercised and discharged byor on behalf of the Central Board, or by aresolution passed in the general meetingof the State Bank, shall, until the CentralBoard is reconstituted, be exercised anddischarged by the Administratorappointed under sub-section (2):

Provided that the powers exercised bythe Administrator shall be validnotwithstanding that such power is alsoexercisable by a resolution passed in thegeneral meeting of the State Bank.

(5) The Central Government may, inconsultation with the Reserve Bank,constitute a committee of three or morepersons who have experience in law,finance, banking, economics oraccountancy to assist the Administrator inthe discharge of his duties.

(6) The committee shall meet at such

times and places and observe such rules of

procedure as may be specified by the rules

made under this Act.

(7) The salary and allowances of the

Administrator and the members of the

committee shall be such as may be specified

by the rules made under this Act and be

payable by the State Bank.

(8) On and before the expiration of twomonths before the expiry of the period ofsupersession of the Central Board, theAdministrator of the State Bank shall callthe general meeting of the State Bank toelect new directors and re-constitute thesaid Board.

(9) Notwithstanding anything containedin any other law for the time being in force

or in any contract, no person shall beentitled to claim any compensation for theloss or termination of his office onsupersession of the Central Board.

(10) The Administrator appointed under

sub-section (2) shall vacate office

immediately after the re-constitution of

the Central Board.”.


(a) in sub-section (1), the word “, vice-

-chairman” shall be omitted;

(b) in sub-section (2),—

(i) the word “, vice-chairman” shall beomitted;

(ii) in clause (b), the words “in

consultation with the Reserve Bank”

shall be omitted.

21. Omission of section 28.— Section 28 ofthe principal Act shall be omitted.

22. Amendment of section 29.— Insection 29 of the principal Act, in sub--section (1),—

(a) in clause (a), the word “and” shall beomitted;

(b) in clause (b),—

(i) the words “and the vice-chairman,”shall be omitted;

(ii) at the end, the word “; and” shallbe inserted;

(c) after clause (b), the following clauseshall be inserted, namely:—

“(c) when authorised by the chairman,shall preside at the meetings of theCentral Board in his absence.”.


524


(a) for sub-sections (1) and (2), thefollowing sub-sections shall be substituted,namely:—

“(1) The Central Board shall meet at suchtime and place and shall observe such rulesof procedure in regard to the transaction ofbusiness at its meetings as may beprescribed; and the meeting of the CentralBoard may be held by participation of thedirectors of the Central Board throughvideo-conferencing or such other electronicmeans, as may be prescribed, which arecapable of recording and recognising theparticipation of the directors and theproceedings of such meetings are capableof being recorded and stored:

Provided that the Central Governmentmay in consultation with the Reserve Bank,by notification in the Official Gazette, specifythe matters which shall not be discussedin a meeting of the Central Board heldthrough videoconferencing or such otherelectronic means.

(2) All questions at the meeting shall bedecided by a majority of the votes of thedirectors present in the meeting or throughvideoconferencing or such other electronicmeans and in the case of equality of votesthe chairman or, in his absence, themanaging director authorised by thechairman shall have a second or castingvote.”;

(b) in sub-section (4), for the word “vice--chairman”, the words “managing directorauthorised by the chairman” shall besubstituted.

24. Amendment of section 31A.— In section31A of the principal Act, in sub-section (5), forthe words “the vice-chairman, if he is amember of the Local Board”, the words “themanaging director authorised by thechairman” shall be substituted.


‘38A. Transfer of unpaid or unclaimeddividend.— (1) Where, after thecommencement of the State Bank of India(Amendment) Act, 2010, a dividend hasbeen declared by the State Bank but whichhas not been paid to a shareholder orclaimed by any shareholder entitled to it,within thirty days from the date ofdeclaration, the State Bank shall, withinseven days from the date of expiry of thesaid period of thirty days, transfer the totalamount of dividend which remains unpaid,or unclaimed, to a special account to benamed, the “unpaid dividend account”maintained by it.

Explanation.— In this sub-section, theexpression “dividend which remainsunpaid” means any dividend the warrantin respect thereof has not been encashedor which has otherwise not been paid orclaimed.

(2) Where the whole or any part of anydividend, declared by the State Bank beforethe commencement of the State Bank ofIndia (Amendment) Act, 2010, remainsunpaid at such commencement, the StateBank shall, within a period of six monthsfrom such commencement, transfer suchunpaid amount to the account referred toin sub-section (1).

(3) Any money transferred tothe unpaid dividend account ofthe State Bank, in pursuance ofthis section which remainsunpaid or unclaimed for a periodof seven years from the date ofsuch transfer shall be transferredby the State Bank to the InvestorEducation and Protection Fundestablished under sub-section (1)of section 205C of the CompaniesAct, 1956 for being utilised for thepurpose and in the mannerspecified in that section.’.

1 of 1956.



525

26. Amendment of section 39.— In section39 of the principal Act, for the word“December”, the word “March” shall besubstituted.


(a) in sub-section (1), for the word“December”, the word “March” shall besubstituted;

(b) for sub-section (2), the followingsub-section shall be substituted, namely:—

“(2) The balance sheet and the profitand loss account shall be signed by thechairman, managing directors and atleast three other directors of the CentralBoard.”.


(a) in sub-section (1), for the words “theReserve Bank in consultation with theCentral Government”, the words “the StateBank with the previous approval of theReserve Bank” shall be substituted;

(b) in sub-section (5), for the words “theReserve Bank”, the words “the State Bankwith the previous approval of the ReserveBank” shall be substituted.


“42. Balance sheet, etc. of State Bankmay be discussed at general meeting.— (1)An annual general meeting shall be held ineach financial year at the Corporate Centreor at such other place in Mumbai other thanthe Corporate Centre or at such other placein India and at such time, as shall from timeto time be specified by the Central Boardand a general meeting other than an annualgeneral meeting may be convened by theState Bank at any other time and at suchplace in India as shall from time to time bespecified by the Central Board:

Provided that such annual generalmeeting shall be held before the expiry ofsix weeks from the date on which thebalance sheet together with the profit andloss account and auditors’ report, undersub-section (1) of section 40, is forwardedto the Central Government or to the ReserveBank, whichever date is earlier.

(2) The shareholders present at an annualgeneral meeting shall be entitled to discussand adopt the balance sheet and the profitand loss account of the State Bank made upto the previous 31st day of March or the datespecified under section 39, as the case maybe, the report of the Central Board on theworking and activities of the State Bank forthe period covered by the accounts and theauditors’ report on the balance sheet andaccounts.”.


“(2) The officers, advisers and employeesof the State Bank shall individually or jointlyor with other officers, advisers andemployees in a Local Committee exercisesuch powers and perform such duties asmay by general or special order, beentrusted or delegated to them bythe Central Board or its executivecommittee.”.

31. Amendment of section 49.— In section49 of the principal Act, in sub-section (2),after clause (c), the following clauses shallbe inserted, namely:—

“(d) the time and place of meeting of theCommittee and the rules of procedure to beobserved by it under sub-section (6) ofsection 24A;

(e) the salary and allowances of theAdministrator and the members of thecommittee under sub-section (7) of section24A.”.


526


(i) after clause (a), the following clausesshall be inserted, namely:—

“(aa) the procedure for increasing issuedcapital by the issue of equity or preferenceshares under sub-section (2) and themanner of accepting money for issuedcapital, forfeiture and re-issue of sharesunder sub-section (5) of section 5;

(ab) the manner of nominating anindividual by one individual undersub-section (1), the manner of nominatingan individual by the joint holders undersub-section (2), the manner of varyingor cancellation of nomination undersub-section (3), and the manner ofnominating a minor under sub-section (4)of section 10A;”;

(ii) in clause (b), for the words “floppies ordiskettes”, the words “floppies or diskettes orany other electronic form” shall be substituted.

33. Amendment of enactment.— Theenactment specified in the Schedule is herebyamended to the extent and in the manner asgiven below:—

THE SCHEDULE(See section 33)

Short title

The State Bank of India (Subsidiary Banks)Act, 1959

(38 of 1959)

In section 26, in sub-section (2A), the words“and thereafter until his successor shall havebeen duly appointed” shall be omitted.

__________

Notification

10/2/2010-LA/189

The Employees’ State Insurance(Amendment) Act, 2010 (Central Act No. 18 of

2010), which has been passed by Parliamentand assented to by the President of India, on24-05-2010 and published in the Gazette ofIndia, Extraordinary, Part II, Section I dated25-05-2010, is hereby published for the generalinformation of the public.



THE EMPLOYEES’ STATE INSURANCE(AMENDMENT) ACT, 2010

AN

ACT

further to amend the Employees’ StateInsurance Act, 1948.

Be in enacted by Parliament in the Sixty-firstYear of the Republic of India as follows:—

1. Short title and commencement.— (1) ThisAct may be called the Employees’ StateInsurance (Amendment) Act, 2010.

(2) Section 18 shall be deemed to have comeinto force on the 3rd day of July, 2008 and theremaining provisions of this Act shall come intoforce on such date as the Central Governmentmay, by notification in the Official Gazette,appoint.

2. Amendment of section 1.— Inthe Employees’ State InsuranceAct, 1948 (hereinafter referred to asthe principal Act), in section 1, insub-section (5), for the words “sixmonths”, the words “one month’s”shall be substituted.


(A) in clause (6A),—

(a) for sub-clause (i), the followingsub-clause shall be substituted,namely:—

34 of 1948.



527

“(i) a widow, a legitimate or adoptedson who has not attained the age oftwenty-five years, an unmarriedlegitimate or adopted daughter,”;

(b) in sub-clause (ii), for the words“eighteen years”, the words “twenty-fiveyears” shall be substituted;

(B) in clause (9), for the words “or underthe standing orders of the establishment;”,the words “and includes such personengaged as apprentice whose trainingperiod is extended to any length of time”shall be substituted;

(C) in clause (11), for sub-clause (v), thefollowing sub-clauses shall be substituted,namely:—

“(v) dependant parents, whose incomefrom all sources does not exceed suchincome as may be prescribed by theCentral Government;

(vi) in case the insured person isunmarried and his or her parents are notalive, a minor brother or sister whollydependant upon the earnings of theinsured person;”;

(D) for clause (12), the following clauseshall be substituted, namely:—

‘(12) “factory” means anypremises including theprecincts thereof whereon tenor more persons are employedor were employed on any dayof the preceding twelvemonths, and in any part ofwhich a manufacturingprocess is being carried on oris ordinarily so carried on, butdoes not include a mine subjectto the operation of the MinesAct, 1952 or a railway runningshed;’.

4. Amendment of section 10. — In section10 of the principal Act, in sub-section (1), forclauses (a) and (b), the following clauses shallbe substituted, namely:—

“(a) the Director General, the Employees’State Insurance Corporation, ex officio asChairman;

(b) the Director General, Health Services,ex officio as Co-chairman;”.

5. Amendment of section 12.— In section 12of the principal Act, for sub-section (3), thefollowing sub-section shall be substituted,namely:—

“(3) A person referred to in clause (i) ofsection 4 shall cease to be a member onbecoming a Minister or Speaker or DeputySpeaker of the House of the People orDeputy Chairman of the Council of Statesor when he ceases to be a member ofParliament.”.

6. Amendment of section 17.— In section 17of the principal Act, in sub-section (2), inclause (a), after the proviso, the followingproviso shall be inserted, namely:—

“Provided further that this sub-sectionshall not apply to appointment of consultantsand specialists in various fields appointedon contract basis.”.

7. Amendment of section 37.— In section37 of the principal Act, for the words “fiveyears”, the words “three years” shall besubstituted.


(a) for the words “Inspectors” and“Inspector”, wherever they occur, thewords “Social Security Officers” and “SocialSecurity Officer” shall respectively besubstituted;


“(4) Any officer of the Corporationauthorised in this behalf by it may, carryout re-inspection or test inspection of therecords and returns submitted undersection 44 for the purpose of verifying thecorrectness and quality of the inspectioncarried out by a Social Security Officer.”.

35 of 1952.


528

9. Amendment of section 45A.— In section45A of the principal Act, in sub-section (1),—

(i) for the word “Inspector”, the words“Social Security Officer” shall besubstituted;

(ii) after the proviso, the following provisoshall be inserted, namely:—

“Provided further that no such ordershall be passed by the Corporation inrespect of the period beyond five yearsfrom the date on which the contributionshall become payable.”.

10. Insertion of new section 45AA.— Aftersection 45A of the principal Act, the followingsection shall be inserted, namely:—

“45AA. Appellate authority.— If anemployer is not satisfied with the orderreferred to in section 45A, he may prefer anappeal to an appellate authority as may beprovided by regulation, within sixty days ofthe date of such order after depositingtwenty-five per cent. of the contribution soordered or the contribution as per his owncalculation, whichever is higher, with theCorporation:

Provided that if the employer finallysucceeds in the appeal, the Corporationshall refund such deposit to the employertogether with such interest as may bespecified in the regulation.”.

11. Amendment of sections 51A and 51B.—In the principal Act, in sections 51A and 51B,for the words “an insured person’s”, the words“an employee’s” shall be substituted.

12. Amendment of sections 51C and 51D.—In the principal Act, in sections 51C and 51D,for the words “insured person”, the word“employee” shall be substituted.

13. Insertion of new section 51E.— Aftersection 51D of the principal Act, the followingsection shall be inserted, namely:—

“51E. Accidents happening whilecommuting to the place of work and vice

versa.— An accident occurring to anemployee while commuting from hisresidence to the place of employment forduty or from the place of employment to hisresidence after performing duty, shall bedeemed to have arisen out of and in thecourse of employment if nexus between thecircumstances, time and place in which theaccident occurred and the employment isestablished.”.

14. Amendment of section 56.— In section56 of the principal Act, in sub-section (3), forthe third proviso, the following proviso shallbe substituted, namely:—

“Provided also that an insured personwho has attained the age ofsuperannuation, a person who retires undera Voluntary Retirement Scheme or takespremature retirement, and his spouse shallbe eligible to receive medical benefitssubject to payment of contribution and suchother conditions as may be prescribed bythe Central Government.”.

15. Amendment of section 58.— In section58 of the principal Act, after sub-section (4),the following sub-sections shall be inserted,namely:—

“(5) The State Government may, inaddition to the Corporation under thisAct, with the previous approval of theCentral Government, establish suchorganisation (by whatever name called) toprovide for certain benefits to employeesin case of sickness, maternity andemployment injury:

Provided that any reference to the StateGovernment in the Act shall also includereference to the organisation as and whensuch organisation is established by theState Government.

(6) The organisation referred to insub-section (5) shall have such structureand discharge functions, exercise powersand undertake such activities as may beprescribed.”.



529

16. Amendment of section 59.— In section59 of the principal Act, after sub-section (2),the following sub-section shall be inserted,namely:—

“(3) The Corporation may also enter intoagreement with any local authority, localbody or private body for commissioning andrunning Employees’ State Insurancehospitals through third party participationfor providing medical treatment andattendance to insured persons and wheresuch medical benefit has been extended totheir families, to their families.”.

17. Insertion of new section 59B.— Aftersection 59A of the principal Act, the followingsection shall be inserted, namely:—

“59B. Medical and para-medicaleducation.— The Corporation may establishmedical colleges, nursing colleges andtraining institutes for its para-medical staffand other employees with a view to improvethe quality of services provided under theEmployees’ State Insurance Scheme.”.

18. Substitution of new Chapter for ChapterVA.— For Chapter VA of the principal Act, thefollowing Chapter shall be substituted,namely:—

‘CHAPTER VA

Scheme for other beneficiaries

73A. Definitions.— In this Chapter,—

(a) “other beneficiaries” means personsother than the person insured under thisAct;

(b) “Scheme” means any Scheme framedby the Central Government from time totime under section 73B for the medicalfacility for other beneficiaries;

(c) “underutilised hospital” means anyhospital not fully utilised by the personsinsured under this Act;

(d) “user charges” means the amountwhich is to be charged from the otherbeneficiaries for medical facilities as may be

notified by the Corporation in consultationwith the Central Government from time totime.

73B. Power to frame Schemes.—Notwithstanding anything contained in thisAct, the Central Government may, bynotification in the Official Gazette, frameScheme for other beneficiaries and themembers of their families for providingmedical facility in any hospital establishedby the Corporation in any area which isunderutilised on payment of user charges.

73C. Collection of user charges.— Theuser charges collected from the otherbeneficiaries shall be deemed to be thecontribution and shall form part of theEmployees’ State Insurance Fund.

73D. Scheme for other beneficiaries.— TheScheme may provide for all or any of thefollowing matters, namely:—

(i) the other beneficiaries who may becovered under this Scheme;

(ii) the time and manner in which themedical facilities may be availed by theother beneficiaries;

(iii) the form in which the otherbeneficiary shall furnish par ticularsabout himself and his family wheneverrequired as may be specified by theCorporation;

(iv) any other matter which is to beprovided for in the Scheme or which maybe necessary or proper for the purposeof implementing the Scheme.

73E. Power to amend Scheme.— TheCentral Government may, by notification inthe Official Gazette, add to, amend, vary orrescind the Scheme.

73F. Laying of Scheme framed under thisChapter.— Every Scheme framed under thisChapter shall be laid, as soon as may beafter it is made, before each House ofParliament while it is in session, for a totalperiod of thirty days which may be


530

comprised in one session or in two or moresuccessive sessions, and if, before the expiryof the session immediately following thesession or the successive sessions aforesaid,both Houses agree in making anymodification in the Scheme or both Housesagree that the Scheme should not be made,the Scheme shall thereafter have effect onlyin such modified form or to be of no effect,as the case may be; so, however, that anysuch modification or annulment shall bewithout prejudice to the validity of anythingpreviously done under that Scheme.’.

19. Validation.— All things done, or, omittedto be done, and all actions or measures takenor not taken during the period beginning onor after the 3rd day of July, 2008 andending immediately before the date ofcommencement of the Employees’ StateInsurance (Amendment) Act, 2010, shall in sofar as they are in conformity with the provisionsof this Act, as amended by the Employees’State Insurance (Amendment) Act, 2010, bedeemed to have been done, or taken, or nottaken, under the provisions of this Act, asamended by the Employees’ State Insurance(Amendment) Act, 2010, as if such provisionswere in force at the time such things weredone or omitted to be done and actions ormeasures taken or not taken during the saidperiod.

20. Amendment of section 87.— In section87 of the principal Act, the following provisosshall be inserted at the end, namely:—

“Provided that such exemptions may begranted only if the employees in suchfactories or establishments are otherwise inreceipt of benefits substantially similar orsuperior to the benefits provided underthis Act:

Provided further that an application forrenewal shall be made three monthsbefore the date of expiry of the exemptionperiod and a decision on the same shall betaken by the appropriate Governmentwithin two months of receipt of suchapplication.”.

21. Amendment of section 91A.— In section91A of the principal Act, for the words “eitherprospectively or retrospectively”, the word“prospectively” shall be substituted.

22. Insertion of new section 91AA.— Aftersection 91A of the principal Act, the followingsection shall be inserted, namely:—

“91AA. Central Government to beappropriate Government.— Notwith-standing anything contained in this Act, inrespect of establishments located in theStates where medical benefit is provided bythe Corporation, the Central Governmentshall be the appropriate Government.”.


(i) after clause (ef), the following clauseshall be inserted, namely:—

“(eff) the income of dependant parentsfrom all sources;”;

(ii) after clause (eh), the following clauseshall be inserted, namely:—

“(ehh) the conditions under which themedical benefits shall be payable to theinsured person and spouse of an insuredperson who has attained the age ofsuperannuation, the person who retiresunder Voluntary Retirement Scheme andthe person who takes pre-matureretirement;”.

24. Amendment of section 96.— In section96 of the principal Act, in sub-section (1), afterclause (e), the following clause shall beinserted, namely:—

“(ee) the organisational structure,functions, powers, activities and othermatters for the establishment of theorganisation;”.


(i) in clause (xx), for the word “Inspectors”,the words “Social Security Officers” shall besubstituted;



531

(ii) after clause (xx), the following clauseshall be inserted, namely:—

“(xxa) the constitution of the appellateauthority and the interest on amountdeposited by the employer with theCorporation.”.

__________

Notification

10/2/2010-LA/183

The Foreign Trade (Development andRegulation) Amendment Act, 2010 (CentralAct No. 25 of 2010), which has been passedby Parliament and assented to by thePresident of India on 19-8-2010 and publishedin the Gazette of India, Extraordinary, Part II,Section I dated 20-8-2010, is hereby publishedfor the general information of the public.



_________

THE FOREIGN TRADE (DEVELOPMENTAND REGULATION) AMENDMENT

ACT, 2010

AN

ACT

to amend the Foreign Trade (Development andRegulation) Act, 1992.


1. Short title and commencement.— (1) ThisAct may be called the Foreign Trade(Development and Regulation) AmendmentAct, 2010.

(2) It shall come into force on such date asthe Central Government may, by notificationin the Official Gazette, appoint:

Provided that different dates may beappointed for different provisions of this Act

and any reference in any such provision tothe commencement of this Act shall beconstrued as a reference to the coming intoforce of that provision.

2. Amendment of section 2.— Insection 2 of the Foreign Trade(Development and Regulation) Act,1992 (hereinafter referred to as theprincipal Act),—

(a) for clause (e), the following shall besubstituted, namely:—

‘(e) “import” and “export” means,—

(I) in relation to goods, bringing into,or taking out of, India any goods by land,sea or air;

(II) in relation to services ortechnology,—

(i) supplying, services ortechnology—

(A) from the territory of anothercountry into the territory of India;

(B) in the territory of anothercountry to an Indian serviceconsumer;

(C) by a service supplier of anothercountry, through commercialpresence in India;

(D) by a service supplier of anothercountry, through presence of theirnatural persons in India;

(ii) supplying, services ortechnology—

(A) from India into the territory ofany other country;

(B) in India to the serviceconsumer of any other country;

(C) by a service supplier of India,through commercial presence in theterritory of any other country;

22 of 1992.


532

(D) by a service supplier of India,through presence of Indian naturalpersons in the territory of any othercountry:

Provided that “import” and“export” in relation to the goods,services and technologyregarding Special Economic Zoneor between two SpecialEconomic Zones shall begoverned in accordance with theprovisions contained in theSpecial Economic Zones Act,2005;’;

(b) after clause (i), the following clausesshall be inserted, namely:—

‘(j) “services” means service of anydescription which is made available topotential users and includes all thetradable services specified under theGeneral Agreement on Trade in Servicesentered into amongst India and othercountries who are party to the saidAgreement:

Provided that, this definition shall notapply to the domain of taxation;

(k) “service supplier” means anyperson who supplies a service and whointends to take benefit under the foreigntrade policy;

(l) “specified goods or services ortechnology” means the goods or servicesor technology, the export, import,transfer, re-transfer, transit and trans--shipment of which is prohibited orrestricted because of imposition ofconditions on the grounds of their beingpertinent or relevant to India as a NuclearWeapon State, or to the national securityof India, or to the furtherance of its foreignpolicy or its international obligationsunder any bilateral, multilateral orinternational treaty, convenant,convention or arrangement relating to

weapons of mass destruction or theirmeans of delivery to which India is aparty or its agreement with a foreigncountry under the foreign trade policyformulated and notified under section 5of the Act;

(m) “technology” means anyinformation (including informationembodied in software), other thaninformation in the public domain, that iscapable of being used in—

(i) the development, production oruse of any goods or software;

(ii) the development of, or thecarrying out of, an industrial orcommercial activity or the provision ofservice of any kind.

Explanation.— For the purpose of thisclause—

(a) when technology is describedwholly or partly by reference to theuses to which it (or the goods to whichit relates) may be put, it shall includeservices which are provided or used,or which are capable of being used inthe development, production or use ofsuch technology or goods;

(b) “public domain” shallhave the same meaning asassigned to it in clause (i) ofsection 4 of the Weapons ofMass Destruction and theirDelivery Systems (Prohi-bition of Unlawful Activities)Act, 2005.’.

3. Amendment of title of Chapter II.— Inthe principal Act, in sub-heading below“Chapter II”, for the words “EXPORT ANDIMPORT POLICY”, the words “FOREIGNTRADE POLICY” shall be substituted.



28 of 2005.

21 of 2005.



533

(i) for the words “import or export ofgoods”, the words “import or export ofgoods or services or technology” shall besubstituted;

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

“Provided that the provisions of this

sub-section shall be applicable, in case

of import or export of services or

technology, only when the service or

technology provider is availing benefits

under the foreign trade policy or is

dealing with specified services or

specified technologies.”.


“(4) without prejudice to anythingcontained in any other law, rule, regulation,notification or order, no permit or licenceshall be necessary for import or export ofany goods, nor any goods shall be prohibitedfor import or export except, as may berequired under this Act, or rules or ordersmade thereunder.”.


“5. Foreign Trade Policy.— The Central

Government may, from time to time,

formulate and announce, by notification in

the Official Gazette, the foreign trade policy

and may also, in like manner, amend that

policy:

Provided that the Central Governmentmay direct that, in respect of the SpecialEconomic Zones, the foreign trade policyshall apply to the goods, services andtechnology with such exceptions,modifications and adaptations, as may bespecified by it by notification in the OfficialGazette.”.

6. Amendment of section 6.— In section 6of the principal Act, in sub-section (2), for thewords “export and import policy”, the words“foreign trade policy” shall be substituted.

7. Amendment of section 7.— In section 7of the principal Act, the following provisoshall be inserted, namely:—

“Provided that in case of import or exportof services or technology, the Importer--exporter Code Number shall be necessaryonly when the service or technologyprovider is taking benefits under the foreigntrade policy or is dealing with specifiedservices or specified technologies.”.


(A) for sub-section (1), the followingsub-section shall be substituted, namely:—

“(1) Where—

(a) any person has contravened anyof the provisions of this Act or anyrules or orders made thereunder or theforeign trade policy or any other lawfor the time being in force relating toCentral excise or customs or foreignexchange or has committed any othereconomic offence under any other lawfor the time being in force as may bespecified by the Central Governmentby notification in the Official Gazette;or

(b) the Director General or any otherofficer authorised by him has reason tobelieve that any person has made anexport or import in a mannerprejudicial to the trade relations ofIndia with any foreign country or to theinterests of other persons engaged inimports or exports or has broughtdisrepute to the credit or the goods of,or services or technology providedfrom, the country; or

(c) any person who imports orexports specified goods or services or


534

technology, in contravention of anyprovision of this Act or any rules ororders made thereunder or the foreigntrade policy,

the Director General or any other officerauthorised by him may call for the recordor any other information from that personand may, after giving to that person anotice in writing informing him of thegrounds on which it is proposed tosuspend or cancel the Importer-exporterCode Number and after giving him areasonable opportunity of making” arepresentation in writing within suchreasonable time as may be specified inthe notice and, if that person so desires,of being heard, suspend for a period, asmay be specified in the order, or cancelthe Importer-exporter Code Numbergranted to that person.”;

(B) in sub-section (2), for the words“import or export any goods”, the words“import or export any goods or services ortechnology” shall be substituted.


(a) in sub-sections (1), (3), (4) and (5), forthe word “licence”, wherever it occurs, thewords “licence, certificate, scrip, or anyinstrument bestowing financial or fiscalbenefits” shall be substituted;

(b) for sub-section (2), the followingsub-section shall be substituted, namely:—

“(2) The Director General or an officerauthorised by him may, on an applicationand after making such inquiry as he maythink fit, grant or renew or refuse to grantor renew a licence to import or export suchclass or classes of goods or services ortechnology as may be prescribed and, grantor renew or refuse to grant or renew acer tificate, scrip or any instrumentbestowing financial or fiscal benefit, afterrecording in writing his reasons for suchrefusal.”.

10. Insertion of new Chapter IIIA.— AfterChapter III of the principal Act, the followingChapter shall be inserted, namely:—

‘CHAPTER IIIA

Quantitative Restrictions

9A. Power of Central Government toimpose quantitative restrictions.— (1) If theCentral Government, after conducting suchenquiry as it deems fit, is satisfied that anygoods are imported into India in suchincreased quantities and under suchconditions as to cause or threaten to causeserious injury to domestic industry, it may,by notification in the Official Gazette, imposesuch quantitative restrictions on the importof such goods as it may deem fit:

Provided that no such quantitativerestrictions shall be imposed on any goodsoriginating from a developing country solong as the share of imports of such goodsfrom that country does not exceed three percent. or where such goods originate frommore than one developing country, then, solong as the aggregate of the imports fromall such countries taken together does notexceed nine per cent. of the total imports ofsuch goods into India.

(2) The quantitative restrictions imposedunder this section shall, unless revokedearlier, cease to have effect on the expiry offour years from the date of such imposition:

Provided that if the Central Governmentis of the opinion that the domestic industryhas taken measures to adjust to such injuryor threat thereof and it is necessary that thequantitative restrictions should continue tobe imposed to prevent such injury or threatand to facilitate the adjustments, it mayextend the said period beyond four years:

Provided further that in no case thequantitative restrictions shall continue to beimposed beyond a period of ten years fromthe date on which such restrictions werefirst imposed.



535

(3) The Central Government may, by rulesprovide for the manner in which goods, theimport of which shall be subject toquantitative restrictions under this section,may be identified and the manner in whichthe causes of serious injury or causes ofthreat of serious injury in relation to suchgoods may be determined.

(4) For the purposes of this section—

(a) “developing country” means acountry notified by the CentralGovernment in the Official Gazette, inthis regard;

(b) “domestic industry” means theproducers of goods (including producersof agricultural goods)—

(i) as a whole of the like goods ordirectly competitive goods in India; or

(ii) whose collective output of the likegoods or directly competitive goods inIndia constitutes a major share of thetotal production of the said goods inIndia;

(c) “serious injury” means an injurycausing significant overall impairment inthe position of a domestic industry;

(d) “threat of serious injury” means aclear and imminent danger of seriousinjury.’.


“(1) The Central Government may, bynotification in the Official Gazette, authoriseany person for the purposes of exercisingsuch powers with respect to,—

(a) entering such premises where thegoods are kept, stored or processed,manufactured, traded or supplied or

received for the purposes of import orexport and searching, inspecting andseizing of such goods, documents, thingsand conveyances connected with suchimport and export of goods;

(b) entering such premises from whichthe services or technology are beingprovided, supplied, received, consumedor utilised and searching, inspecting andseizing of such goods, documents, thingsand conveyances connected with suchimport and expor t of services andtechnology,

subject to such requirements and conditionsand with the approval of such officer, as maybe prescribed:

Provided that the provisions of clause (b)shall be applicable, in case of import ofexport of services or technology, only whenthe service or technology provider isavailing benefit under the foreign tradepolicy or is dealing with specified servicesor specified technologies.”.

12. Substitution of new section for section11.— For section 11 of the principal Act, thefollowing section shall be substitutednamely:—

“11. Contravention of provisions of thisAct, rules, orders and foreign trade policy.—(1) No export or import shall be made byany person except in accordance with theprovisions of this Act, the rules and ordersmade thereunder and the foreign tradepolicy for the time being in force.

(2) Where any person makes or abets orattempts to make any export or import incontravention of any provision of this Actor any rules or orders made thereunder orthe foreign trade policy, he shall be liable toa penalty of not less than ten thousandrupees and not more than five times thevalue of the goods or services or technologyin respect of which any contravention ismade or attempted to be made, whicheveris more.


536

(3) Where any person signs or uses, orcauses to be made, signed or used, anydeclaration, statement or documentsubmitted to the Director General or anyofficer authorised by him under this Act,knowing or having reason to believe thatsuch declaration, statement or document isforged or tampered with or false in anymaterial particular, he shall be liable to apenalty of not less than ten thousand rupeesor more than five times the value of thegoods or services or technology in respectof which such declaration, statement ordocument had been submitted, whicheveris more.

(4) Where any person, on a notice to himby the Adjudicating Authority, admits anycontravention, the Adjudicating Authoritymay, in such class or classes or cases andin such manner as may be prescribed,determine, by way of settlement, an amountto be paid by that person.

(5) A penalty imposed under this Act may,if it is not paid by any person, be recoveredby any one or more of the following modes,namely:—

(a) the Director General may deduct orrequire any officer subordinate to him todeduct the amount payable under thisAct from any money owing to suchperson which may be under the controlof such officer; or

(b) the Director General mayrequire any officer of customsto deduct the amount payableunder this Act from any moneyowing to such person whichmay be under the control ofsuch officer of customs, as if thesaid amount is payable underthe Customs Act, 1962; or

(c) the Director General mayrequire the AssistantCommissioner of Customs orDeputy Commissioner of

Customs or any other officer ofCustoms to recover the amountso payable by detaining orselling any goods (includingthe goods connected withservices or technology)belonging to such personwhich are under the control ofthe Assistant Commissionerof Customs or DeputyCommissioner of Customs orany other officer of Customs, asif the said amount is payableunder the Customs Act, 1962;or

(d) if the amount cannot be recoveredfrom such person in the manner providedin clauses (a), (b) and (c),—

(i) the Director General or any officerauthorised by him may prepare acertificate signed by him specifying theamount due from such person andsend it to the Collector of the District inwhich such person owns any propertyor resides or carries on business andthe said Collector on receipt of suchcertificate shall proceed to recoverfrom such person the amount specifiedthereunder as if it were an arrear ofland revenue; or

(ii) the Director General orany officer authorised by him(including an officer ofCustoms who shall thenexercise his powers underthe Customs Act, 1962) andin accordance with the rulesmade in this behalf, detainany movable or immovableproperty belonging to orunder the control of suchperson, and detain the sameuntil the amount payable ispaid, as if the said amount ispayable under the CustomsAct, 1962; and in case, anypar t of the said amount

52 of 1962.

52 of 1962

52 of 1962



537

payable or of the cost of thedistress or keeping of theproperty, remains unpaid fora period of thirty days nextafter any such distress, maycause the said property to besold and with the proceedsof such sale, may satisfy theamount payable and costsincluding cost of saleremaining unpaid and shallrender the surplus, if any tosuch person.

(6) Where the terms of any bond or otherinstrument executed under this Act or anyrules made thereunder provide that anyamount due under such instrument may berecovered in the manner laid down insub-section (5), the amount may, withoutprejudice to any other mode of recovery, berecovered in accordance with theprovisions of that sub-section.

(7) Without prejudice to the provisionscontained in this section, the Importer--exporter Code Number of any person whofails to pay any penalty imposed under thisAct, may be suspended by the AdjudicatingAuthority till the penalty is paid orrecovered, as the case may be.

(8) Where any contravention of anyprovision of this Act or any rules or ordersmade thereunder or the foreign trade policyhas been, is being, or is attempted to be,made, the goods (including the goodsconnected with services or technology)together with any package, covering orreceptacle and any conveyances shall,subject to such conditions andrequirements as may be prescribed, beliable to confiscation by the AdjudicatingAuthority.

(9) The goods (including the goodsconnected with services or technology)or the conveyance confiscated undersub-section (8) may be released by theAdjudicating Authority, in such manner andsubject to such conditions as may beprescribed, on payment by the person

concerned of the redemption chargesequivalent to the market value of the goodsor conveyance, as the case may be.”.

13. Insertion of new sections 11A and 11B.—After section 11 of the principal Act, thefollowing sections shall be inserted,namely:—

“11A. Crediting sums realised by way ofpenalties in Consolidated Fund of India.—All sums realised by way of penalties underthis Act shall be credited to the ConsolidatedFund of India.

11B. Empowering SettlementCommission for regularisation ofexportobligation default.—Settlement of customs duty andinterest thereon as ordered by theSettlement Commission asconstituted under section 32 ofthe Central Excise Act, 1944, shallbe deemed to be a settlementunder this Act.”.

14. Amendment of section 14.— In section14 of the principal Act, for the word “goods”at both the places where it occurs, the wordsand brackets “goods (including the goodsconnected with services or technology)” shallbe substituted.

15. Insertion of a new Chapter IVA.— AfterChapter IV of the principal Act, the followingChapter shall be inserted, namely:—

“CHAPTER IVA

Controls on Export of Specified Goods, Servicesand Technology

14A. Controls on export ofspecified goods, services andtechnology.— (1) In regard tocontrols on export of specifiedgoods, services and technologyreferred to in this Chapter, theWeapons of Mass Destructionand their Delivery Systems(Prohibition of UnlawfulActivities) Act, 2005 shall applyto exports, transfers, re-transfers,brought in transit, trans-shipment

1 of 1944.

21 of 2005


538

of, and brokering in specifiedgoods, technology or services.

(2) All terms, expressions orprovisions of the Weapons of MassDestruction and their DeliverySystems (Prohibition of UnlawfulActivities) Act, 2005 shall applyto the specified goods, services ortechnology with such exceptions,modifications and adaptations asmay be specified by the CentralGovernment by notification in theOfficial Gazette.

(3) The Central Government may, bynotification in the Official Gazette, directthat any of the provisions of this Chapter—

(a) shall not apply to any goods,services or technologies, or

(b) shall apply to any goods, servicesor technologies with such exceptions,modifications and adaptations as may bespecified in the notification.

14B. Transfer controls.— (1)The Central Government may, bynotification in the Official Gazette,make rules in conformity with theprovisions of the Weapons of MassDestruction and their DeliverySystems (Prohibition of UnlawfulActivities) Act, 2005 for, or, inconnection with, the imposition ofcontrols in relation to transfer ofspecified goods, services ortechnology.

(2) No goods, services ortechnology notified under thisChapter shall be exported,transferred, re-transferred,brought in transit or trans--shipped except in accordancewith the provisions of this Act,the Weapons of Mass Destructionand their Delivery Systems(Prohibition of UnlawfulActivities) Act, 2005 or any otherrelevant Act.

14C. Catch-all controls.— No person shallexport any material, equipment ortechnology knowing that such material,equipment or technology is intended to beused in the design or manufacture of abiological weapon, chemical weapon,nuclear weapon or other nuclear explosivedevice, or in their missile delivery systems.

14D. Suspension or cancellation of alicence.— The Director General or an officerauthorised by him may, by order, suspendor cancel a licence to import or export ofspecified goods or services or technologywithout giving the holder of the licence areasonable opportunity of being heard butsuch person shall be given a reasonableopportunity of being heard within sixmonths of such order and thereupon theDirector General or the officer so authorisedmay, if necessary, by order in writing,confirm, modify or revoke such order.

14E. Offences and penalties.—(1) In case of a contraventionrelating to specified goods,services or technologies, thepenalty shall be in accordancewith the provisions of theWeapons of Mass Destructionand their Delivery Systems(Prohibition of UnlawfulActivities) Act, 2005.

(2) Where any personcontravenes or attempts tocontravene or abets, any of theprovisions of this Chapter inrelation to import or export of anyspecified goods or services ortechnology, he shall, withoutprejudice to any penalty whichmay be imposed on him, bepunishable with imprisonment fora term stipulated in the Weaponsof Mass Destruction and theirDelivery Systems (Prohibition ofUnlawful Activities) Act, 2005.

(3) No court shall take cognizance of anyoffence punishable under this Chapter

21 of 2005.

21 of 2005.

21 of 2005.

21 of 2005.

21 of 2005.



539

without the previous sanction of the CentralGovernment or any officer authorised in thisbehalf by the Central Government bygeneral or special order.”.

16. Amendment of title of Chapter V.— Inthe principal Act, in sub-heading below“CHAPTER V”, for the word “REVISION”, theword “REVIEW” shall be substituted.

17. Amendment of section 15.— In section15 of the principal Act, in sub-section (2), inthe proviso, for the word “goods”, the wordsand brackets “the goods (including thegoods connected with services ortechnology)” shall be substituted.


“16. Review.— The Central Government,in the case of any decision or order madeby the Director General, or the DirectorGeneral in the case of any decision or ordermade by any officer subordinate to him, mayon its or his own motion or otherwise, callfor and examine the records of anyproceeding, for the purpose of satisfyingitself or himself, as the case may be, as tothe correctness, legality or propriety of suchdecision or order and make such ordersthereon as may be deemed fit:

Provided that no decision or order shallbe varied under this section so as toprejudicially affect any person unless suchperson—

(a) has, within a period of two yearsfrom the date of such decision or order,received a notice to showcause whysuch decision or order shall not be varied;and

(b) has been given a reasonableopportunity of making representationand, if he so desires, of being heard in hisdefence.”.

19. Amendment of section 17.— In section17 of the principal Act, for the word “Revision”wherever it occurs, the word “Review” shallbe substituted.


“18A. Application of other laws notbarred.— The provisions of this Act shallbe in addition to, and not in derogation ofthe provisions of any other law for the timebeing in force.”.


(a) in clause (b), for the word “licence”,the words “licence, certificate, scrip or anyinstrument bestowing financial or fiscalbenefits” shall be substituted;

(b) for clause (c), the following clauseshall be substituted, namely:—

“(c) the class or classes of goods(including the goods connected withservice or technology) for which alicence, certificate, scrip or anyinstrument bestowing financial or fiscalbenefits may be granted under sub--section (2) of section 9;”;

(c) in clauses (d) and (e), for the word“licence”, the words “licence, certificate,scrip or any instrument bestowing financialor fiscal benefits” shall be substituted;

(d) after clause (e), the following clauseshall be inserted, namely:—

“(ea) the matter in which goods, theimport of which shall be subject toquantitative restrictions, may beidentified and the manner in which thecauses of serious injury or causes ofthreat of serious injury in relation to suchgoods may be determined under sub--section (3) of section 9A;”;


540

(e) in clause (f), for the word “goods”, thewords and brackets “goods (including thegoods connected with the service ortechnology)” shall be substituted;

(f) in clause (g), for the words, bracketsand figures “sub-section (3) of section 11”,the words, brackets and figures “sub--section (4) of the section 11” shall besubstituted;

(g) for clause (h), the following clauseshall be substituted, namely:—

“(h) the requirements and conditionssubject to which goods (including thegoods connected with the service ortechnology) and conveyances shall beliable to confiscation under sub-section(8) of section 11;”;

(h) for clause (1), the following clauseshall be substituted, namely:—

“(i) the manner in which and theconditions subject to which goods(including the goods connected with theservice or technology) and conveyancesmay be released on payment ofredemption charges under sub-section(9) of section 11.”.

_____________

Notification

10/2/2010-LA/177

The Land Ports Authority of India Act, 2010(Central Act No. 31 of 2010), which has beenpassed by Parliament and assentedto by the President of India on 31-8-2010and published in the Gazette of India,Extraordinary, Part II, Section I dated1-9-2010, is hereby published for the generalinformation of the public.



THE LAND PORTS AUTHORITY OF INDIAACT, 2010

ARRANGEMENT OF SECTIONS

CHAPTER I

PreliminarySections

1. Short title and commencement.2. Definitions.

CHAPTER II

The Land Ports Authority of India

3. Constitution of Authority.4. Disqualification for office of member.5. Term of office and conditions of service of

members.6. Vacation of office of members.7. Eligibility of member for re-appointment.8. Meetings.9. Vacancies, etc., not to invalidate proceedings

of Authority.10. Officers and other employees of Authority.

CHAPTER III

Functions of Authority

11. Functions of Authority.12. Responsibilities and powers of other agencies.

CHAPTER IV

Property and Contract

13. Assets and liabilities to vest in Authority.14. General effect of vesting of undertakings in

Authority.15. Guarantee to be operative.16. Compulsory acquisition of land for Authority.17. Contracts by Authority.18. Mode of executing contracts on behalf of

Authority.

CHAPTER V

Finance, Accounts and Audit

19. Power of Authority to charge fees, rent, etc.

20. Additional capital and grant to Authority byCentral Government.

21. Fund of Authority and its investment.

22. Allocation of surplus funds.

23. Submission of programme of activities andfinancial estimates.

24. Borrowing powers of Authority.

25. Accounts and audit.



541

CHAPTER VI

Miscellaneous

Sections

26. Submission of annual report.

27. Delegation.

28. Authentication of orders and other instrumentsof Authority.

29. Officers and employees of Authority to be publicservants.

30. Protection of action taken in good faith.

31. Custody and disposal of lost property.

32. Power of Central Government to supersedeAuthority.

33. Power of Central Government to issuedirections.

34. Power to make rules.

35. Power to make regulations.

36. Rules, regulations and notifications to be laidbefore Parliament.

37. Power to remove difficulties.

__________

THE LAND PORTS AUTHORITY OF INDIAACT, 2010_______

AN

ACT

to provide for the establishment of the LandPorts Authority of India to put in placesystems which address security imperativesand for the development and managementof facilities for cross border movement ofpassengers and goods at designated pointsalong the international borders of Indiaand for matters connected therewith orincidental thereto.

Be it enacted by Parliament in the Sixty-firstYear of the Republic of India as follows:—

CHAPTER I

Preliminary

1. Short title and commencement.— (1) ThisAct may be called the Land Ports Authority ofIndia Act, 2010.

(2) It shall come into force on such date asthe Central Government may, by notificationin the Official Gazette, appoint, and differentdates may be appointed for differentprovisions of this Act, and any reference inany such provision to the commencement ofthis Act shall be construed as a reference tothe coming into force of that provision.

2. Definitions.—In this Act, unless thecontext otherwise requires,—

(a) “Authority” means the Land PortsAuthority of India constituted undersection 3;

(b) “Chairperson” means the Chairpersonof the Authority appointed under clause (a)of sub-section (3) of section 3;

(c) “immigration check post”means any port or place ofdeparture on the land as notifiedunder the Foreigners’ Act, 1946;

(d) “integrated check post” means anyland port, as the Central Government may,by notification in the Official Gazette,specify;

(e) “land customs station”means any place notified as suchby the Central Government underclause (b) of sub-section (1) ofsection 7 of the Customs Act, 1962for the clearance of goodsimported or to be exported byland or inland water;

(f) “land port” means an areaon the international borders ofIndia including portions ofnational highways, Statehighways and other roads,notified as land customs stationor immigration check post underthe Customs Act, 1962 or theForeigners’ Act, 1946, andincludes railways, with facilitiesfor clearance and transport ofpassengers and goods across theborders of India;

31 of 1946.

52 of 1962.

52 of 1962.31 of 1946.


542

(g) “notification” means a notificationpublished in the Official Gazette;

(h) “prescribed” means prescribed byrules made under this Act; and

(i) “regulations” means regulations madeby the Authority under this Act.

CHAPTER II

The Land Ports Authority of India

3. Constitution of Authority.— (1) Witheffect from such date as the CentralGovernment may, by notification in the OfficialGazette, appoint, there shall be constitutedan Authority to be known as the Land PortsAuthority of India.

(2) The Authority shall be a body corporateby the name aforesaid, having perpetualsuccession and a common seal, with power,subject to the provisions of this Act, to acquire,hold and dispose of property both movable andimmovable, and to contract and shall by thesaid name sue and be sued.

(3) The Authority shall consist of—

(a) a Chairperson;

(b) two Members, out of whom one shallbe Member (Planning and Development)and other shall be Member (Finance);

(c) not more than nine members, exofficio, to be appointed by the CentralGovernment from amongst the officers, notbelow the rank of the Joint Secretary tothe Government of India, representing theministries or departments of theGovernment of India dealing with HomeAffairs, External Affairs, Revenue,Commerce, Road Transport and Highways,Railways, Defence, Agriculture andCo-operation, Law and Justice;

(d) the Chief Secretary or his nominee notbelow the rank of the Secretary to theGovernment of the respective State wherethe integrated check posts are located;

(e) two representatives, one of whomshall be from recognised bodies of workersand the other shall be from traders, to beappointed by the Central Government; and

(f) such other representatives as theCentral Government may co-opt forfunctional purposes.

(4) The Chairperson and the membersreferred to in clause (b) shall be appointedby the Central Government and shall bewhole-time members.

(5) The Chairperson shall be chosen fromamong persons who have special knowledgeand experience in the field of security,transport, industry, commerce, law, financeor public administration.

4. Disqualification for office of member.— Aperson shall be disqualified for beingappointed as a member if, he—

(a) has been convicted and sentenced toimprisonment for an offence, which, in theopinion of the Central Government, involvesmoral turpitude; or

(b) is an undischarged insolvent; or

(c) is of unsound mind and stands sodeclared by a competent court; or

(d) has been removed or dismissed fromthe service of the Government or a bodycorporate owned or controlled by theGovernment; or

(e) has in the opinion of the CentralGovernment such financial or other interestin the Authority as is likely to affectprejudicially the discharge by him of hisfunctions as a member.

5. Term of office and conditions of service ofmembers.— (1) Subject to the provisions ofsection 6, every whole-time member shallhold office for a period of five years from thedate on which he assumes office or till he



543

attains the age of sixty years, whichever isearlier:

Provided that the Central Governmentmay—

(a) terminate the appointment of anywhole-time member, after giving him noticeof a period of not less than three months or,in lieu thereof, on payment of an amountequal to his salary and allowances, if any,for a period of three months;

(b) terminate at any time the appointmentof any member who is a servant of theGovernment.

(2) The other conditions of service of themembers shall be such as may be prescribed.

(3) Any member may resign his office bygiving notice in writing for such period as maybe prescribed, to the Central Government and,on such resignation being notified in theOfficial Gazette by that Government, suchmember shall be deemed to have vacated hisoffice.

6. Vacation of office of members.— TheCentral Government shall remove a memberif, he—

(a) becomes subject to any of thedisqualifications mentioned in section 4:

Provided that no member shall beremoved on the ground that he has becomesubject to the disqualification mentioned inclause (e) of that section, unless he has beengiven a reasonable opportunity of beingheard in the matter; or

(b) refuses to act or becomes incapableof acting; or

(c) is, without obtaining leave of absencefrom the Authority, absent from threeconsecutive meetings of the Authority; or

(d) in the opinion of the CentralGovernment, has so abused his position as

to render his continuance in officedetrimental to the public interest:

Provided that no member shall be removedunder this clause unless he has been given areasonable opportunity of being heard in thematter.

7. Eligibility of member for re--appointment.— Any person ceasing to be amember shall, unless disqualified undersection 4, be eligible for re-appointment.

8. Meetings.— (1) The Authority shall meetat such times and places, and shall observesuch rules of procedure in regard to thetransaction of business at its meetings(including the quorum at such meetings) asmay be provided by regulations.

(2) The Chairperson, or, if for any reason,he is unable to attend any meeting of theAuthority, any other member chosen by themembers present at the meeting shall presideat the meeting.

(3) All questions which come up before anymeeting of the Authority shall be decided bya majority of the votes of the members presentand voting, and in the event of an equality ofvotes, the Chairperson, or in his absence theperson presiding, shall have and exercise asecond or casting vote.

9. Vacancies, etc., not to invalidateproceeding of Authority.— No act orproceeding of the Authority shall be invalidmerely by reason of—

(a) any vacancy in, or any defect in theconstitution of, the Authority; or

(b) any defect in the appointment of aperson acting as a member of the Authority;or

(c) any irregularity in the procedure ofthe Authority not affecting the merits ofthe case.

10. Officers and other employees ofAuthority.— (1) For the purpose of enabling it


544

to efficiently discharge its functions under thisAct, the Authority shall appoint such numberof officers and other employees as it mayconsider necessary:

Provided that the appointment of suchcategory of officers, as may be specified, shallbe subject to the approval of the CentralGovernment.

(2) Every officer or other employeeappointed by the Authority shall be subject tosuch conditions of service and shall be entitledto such remuneration as may be determinedby regulations.

CHAPTER III

Functions of Authority

11. Functions of Authority.— (1) Subject tothe provisions of this Act, the Authority shallhave powers to develop, sanitize and managethe facilities for cross border movement ofpassengers and goods at designated pointsalong the international borders of India.

(2) Without prejudice to the generality ofthe provisions contained in sub-section (1)the Authority may—

(a) put in place systems, which addresssecurity imperatives at the integrated checkposts on the border;

(b) plan, construct and maintain roads,terminals and ancillary buildings other thannational highways, State highways andrailways, at an integrated check post;

(c) plan, procure, install and maintaincommunication, security, goods handlingand scanning equipment at an integratedcheck post;

(d) provide appropriate space andfacilities for immigration, customs, security,taxation authorities, animal and plantquarantine, warehouses, cargo andbaggage examination yards, parking zones,banks, post offices, communication facilities,

tourist information centres, waiting halls,canteen, refreshment stalls, publicconveniences health services and suchother services, as may be deemednecessary;

(e) construct residential buildings for itsemployees as well as residentialaccommodation for staff deployed atintegrated check posts;

(f) establish and maintain hotels,restaurants and restrooms;

(g) establish and maintain warehouses,container depots and cargo complexes forthe storage or processing of goods;

(h) arrange for postal, money exchange,insurance and telephone facilities for the useof passengers and other persons atintegrated check posts;

(i) make appropriate arrangements for thesecurity of integrated check posts andprovide for regulation and control ofmovement of vehicles, entry and exit ofpassengers and goods in accordance withthe respective law concerning them;

(j) ensure prevention and control of fireand other hazards and other facilities asdeemed necessary;

(k) regulate and control the movement ofvehicles, and the entry and exit ofpassengers, transportation workers,handling agents, clearing and forwardingagents and goods at the integrated checkpost with due regard to the law, securityand protocol of the Government of India;

(l) co-ordinate and facilitate the workingof agencies who have been engaged toundertake various activities at theintegrated check posts, in accordance withthe respective law, for the time being inforce;

(m) develop and provide consultancy,construction or management services, and



545

undertake operations in India and abroadin relation to an integrated check post;

(n) form one or more companies underthe Companies Act, 1956 or under any otherlaw relating to companies for efficientdischarge of the functions imposed on it bythis Act;

(o) take all such steps as may benecessary or expedient for, or may beincidental to, the exercise of any power orthe discharge of any function conferred orimposed on it by this Act:

Provided that sovereign functions of theAuthority shall not be assigned to anyprivate entity;

(p) set up joint ventures for the dischargeof any of the functions assigned to theAuthority; and

(q) undertake any other activity at theintegrated check post in the bestcommercial interests of the Authority.

(3) In the discharge of its functions underthis section, the Authority may consult suchministry or department of the Government ofIndia or of the State Government as it deemsnecessary, and shall have due regard to thedevelopment of land port services and tothe efficiency, economy and safety of suchservice.

(4) Nothing contained in this section shallbe construed as—

(a) authorising the disregard by theAuthority of any law for the time being inforce; or

(b) authorising any person to instituteany proceeding in respect of duty or liabilityto which the Authority or its officers or otheremployees would not otherwise be subjectto.

12. Responsibilities and powers of otheragencies.— (1) The respective border guarding

forces deployed at the borders of India shallbe responsible for security around anintegrated check post.

(2) The Authority may, wheneverconsidered necessary so to do for ensuring thepeace and security at an integrated checkpost, seek the assistance of armed force,Central para military force or State police asper the provisions of the law for the time beingin force.

(3) The Customs, immigration, quarantineand other officials shall co-ordinate with theAuthority for the effective discharge of itsfunctions.

(4) Notwithstanding anything contained inany provisions of this Act, the Customs,immigration, quarantine officials, the borderguarding forces and the police shall dischargetheir functions in accordance with the law forthe time being in force.

CHAPTER IV

Property and Contract

13. Assets and liabilities to vest inAuthority.— (1) On the date of notificationissued under clause (d) of section 2, all suchassets, rights, powers, authorities andprivileges and such property movable andimmovable, real or personal, corporeal orincorporeal, present or contingent, ofwhatever nature, including lands, buildings,machinery, equipments, works, workshops,cash balances, capital, reserves, reservefunds, investments, tenancies, losses and bookdebts and all other rights and interests arisingout of such property, as immediately beforethe issue of that notification, were in theownership or possession of the Governmentof India in any of the land port, as the CentralGovernment may, in such notification, specify,shall vest in the Authority and such vestingshall also be deemed to include all borrowings,liabilities and obligations of whatever kindthen subsisting.

(2) The notification under sub-section (1)shall be issued only after the concurrence of


546

the concerned ministries or departments ofthe Government of India, in case where suchproperties are owned or controlled by suchministries or departments.

14. General effect of vesting of undertakingsin Authority.— All contracts, agreements andworking arrangements subsistingimmediately before the date of notificationissued under clause (d) of section 2, andaffecting the land ports shall be of full forceand effect as regards the Authority.

15. Guarantee to be operative.— Anyguarantee given for or in favour of landcustoms stations or immigration check postswith respect to a loan, lease or finance shallcontinue to be operative in relation to suchstations or check posts which have beenvested in the Authority by virtue of this Act.

16. Compulsory acquisition ofland for Authority.— Any landrequired by the Authority for thedischarge of its functions under thisAct shall be deemed to be neededfor a public purpose and such landmay be acquired for the Authorityunder the provisions of the NationalHighways Act, 1956 or any other lawfor the time being in force.

17. Contracts by Authority.— Subject to theprovisions of section 18, the Authority shall becompetent to enter into and perform anycontract necessary for the discharge of itsfunctions under this Act.

18. Mode of executing contracts on behalfof Authority.— (1) Every contract on behalfof the Authority, shall be made by theChairperson or such officer of the Authorityas may be generally or specially empoweredin this behalf by the Authority and suchcontracts as may be specified, in theregulations, shall be sealed with the commonseal of the Authority:

Provided that no contract exceeding suchvalue or amount as the Central Governmentmay, by order fix in this behalf, shall be made

unless it has been previously approved bythe Central Government:

Provided further that no contract for theacquisition or sale of immovable property orfor the lease of any such property for a termexceeding thirty years and no other contractexceeding such value or amount as the CentralGovernment may, by order fix in this behalf,shall be made unless it has been previouslyapproved by the Central Government.

(2) Subject to the provisions of sub-section(1), the form and manner in which anycontract shall be made under this Actshall be such as may be provided byregulations.

(3) Any contract which is not in accordancewith the provisions of this Act and the rulesand regulations made thereunder shall notbe binding on the Authority.

CHAPTER V

Finance, Acounts and Audit

19. Power of Authority to charge fees, rent,etc.— The Authority may, determine andcharge such fees or rent, not being a statutorylevy under any other Act, as may be providedby regulations, separately for each integratedcheck post,—

(a) for the cargo handling, warehousing,parking of trucks or for any other service orfacility offered in connection with transportoperations;

(b) for the parking of passenger vehiclesand other amenities given to the passengersand visitors; and

(c) for the availing of facilities and otherservices provided by the Authority.

20. Additional capital and grant to Authorityby Central Government.— The CentralGovernment may, after the appropriationmade by Parliament by law in this behalf,—

48 of 1956.



547

(a) provide any capital that may berequired by the Authority for the dischargeof its functions under this Act or for anypurpose connected therewith on suchterms and conditions as that Governmentmay determine;

(b) pay to the Authority, on such termsand conditions as the Central Governmentmay determine, by way of loans or grantssuch sums of money as that Governmentmay consider necessary for the efficientdischarge of its functions under this Act.

21. Fund of Authority and its investment.—(1) The Authority shall establish its own fundand all receipts of the Authority shall becredited thereto and all payments by theAuthority shall be made therefrom.

(2) The Authority shall have the power,subject to the provisions of this Act, to spendsuch sums as it thinks fit to cover alladministrative expenses of the Authority or forpurposes authorised by this Act and suchsums shall be treated as expenditure out ofthe fund of the Authority.

(3) All moneys standing at the credit of theAuthority which cannot immediately beapplied as provided in sub-section (2), shallbe—

(a) deposited in the State Bank of India orany such scheduled bank or banks or otherpublic financial institutions subject to suchconditions as may, from time to time, bespecified by the Central Government;

(b) invested in the securities of the CentralGovernment or in such manner as may beprescribed.

Explanation.— In this sub-section, “scheduled bank” has thesame meaning as in clause (e) ofsection 2 of the Reserve Bank ofIndia Act, 1934.

22. Allocation of surplus funds.— (1) TheAuthority may, from time to time, set apart

such amounts as it thinks fit, as a reserve fundor funds for the purpose of expanding existingfacilities or services or creating new facilitiesor services at any integrated check post orincrease of expenditure from transient causesor for purposes of replacement or meetingexpenditure arising from loss or damage dueto any natural calamity or accident or meetingany liability arising out of any act of omissionor commission in the discharge of its functionsunder this Act:

Provided that the Authority shall also havethe power to establish specific reserves forspecific purposes:

Provided further that the sums set apartannually in respect of each or any of thespecific and general reserves and theaggregate at any time of such sums shall notexceed such limits as may, from time to time,be fixed in that behalf by the CentralGovernment.

(2) After making provision forsuch reserve fund or funds andfor bad and doubtful debts,depreciation in assets and all othermatters which are usually providedfor by companies registered andincorporated under the CompaniesAct, 1956, the Authority shall paythe balance of its annual net profitsto the Central Government.

23. Submission of programme of activitiesand financial estimates.— The Authority shall,before the commencement of each financialyear prepare a statement of the programmeof its activities during the forthcomingfinancial year as well as financial estimate inrespect thereof and submit it for the approvalof the Central Government.

24. Borrowing powers of Authority.— (1)The Authority may, with the consent of theCentral Government or in accordance with theterms of any general or special authority givento it by the Central Government, borrowmoney from any source by the issue of bonds,

2 of 1934.

1 of 1956.


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debentures or such other instruments as itmay deem fit for discharging all or any of itsfunctions under this Act.

(2) The Central Government may guaranteein such manner as it thinks fit, the repaymentof the principal and the payment of interestthereon with respect to the loans taken bythe Authority under sub-section (1).

(3) Subject to such limits as the CentralGovernment may, from time to time, lay down,the Authority may borrow temporarily by wayof overdraft or otherwise, such amount as itmay require for discharging its functionsunder this Act.

25. Accounts and audit.— (1) The Authorityshall maintain proper accounts and otherrelevant records and prepare an annualstatement of accounts including the profitand loss account and the balance sheet in suchform as may be prescribed by the CentralGovernment in consultation with theComptroller and Auditor-General of India.

(2) The accounts of the Authority shall beaudited annually by the Comptroller andAuditor-General of India and any expenditureincurred by him in connection with such auditshall be reimbursed to him by the Authority.

(3) The Comptroller and Auditor-General ofIndia and any person appointed by him inconnection with the audit of the accounts ofthe Authority shall have the same rights andprivileges and authority in connection withsuch audit as the Comptroller and Auditor--General has in connection with the audit ofGovernment accounts and, in particular shallhave the right to demand the production ofbooks, accounts, connected vouchers,documents and papers and inspect any of theoffices of the Authority.

(4) The accounts of the Authority as certifiedby the Comptroller and Auditor-General ofIndia or any other person appointed by him inthis behalf together with the audit reportthereon shall be forwarded annually to the

Central Government and that Governmentshall cause the same to be laid before bothHouses of Parliament.

CHAPTER VI

Miscellaneous

26. Submission of annual report.— (1) TheAuthority shall, as soon as may be, after theend of each financial year, prepare and submitto the Central Government in such form asmay be prescribed, a report giving an accountof its activities during that financial year andthe report shall also give an account of theactivities which are likely to be undertakenby the Authority during the next financialyear.

(2) The Central Government shall causesuch report to be laid before both Houses ofParliament, as soon as may be, after it issubmitted.

27. Delegation.— The Authority may, bygeneral or special order in writing, delegateto the Chairperson or any other member or toany officer of the Authority, subject to suchconditions and limitations, if any, as may bespecified in the order, such of its powers andfunctions under this Act (except the powersunder section 35), as it may deem necessary.

28. Authentication of orders and otherinstruments of Authority.— All orders anddecisions of the Authority shall beauthenticated by the signature of theChairperson or any other member authorisedby the Authority in this behalf and all otherinstruments executed by the Authority shallbe authenticated by the signature of anofficer of the Authority authorised by it in thisbehalf.

29. Officers and employees ofAuthority to be public servants.—All officers and employees ofAuthority shall, while acting orpurporting to act in pursuance ofthe provisions of this Act or of anyrule or regulation made thereunder,be deemed to be public servantswithin the meaning of section 21 ofthe Indian Penal Code.

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30. Protection of action taken in goodfaith.—No suit, prosecution or other legalproceeding shall lie against the Authority orany member or any officer or other employeeof the Authority for anything which is ingood faith done or intended to be done inpursuance of this Act or of any rule orregulation made thereunder.

31. Custody and disposal of lost property.—Subject to such regulations as the Authoritymay make in this behalf, the Authority shallprovide for securing the safe custody andrestoration of any property which, while notin proper custody, is found on any premisesbelonging to the Authority or under its overallcontrol.

32. Power of Central Government tosupersede Authority.— (1) If, at any time, theCentral Government is of opinion—

(a) that on account of a grave emergency,the Authority is unable to discharge thefunctions and duties imposed on it by orunder the provisions of this Act; or

(b) that the Authority has persistentlydefaulted in complying with any directionissued by the Central Government underthis Act or in the discharge of the functionsand duties imposed on it by or under theprovisions of this Act and as a result ofdefault the financial position of the Authorityor the administration of an integrated checkpost has deteriorated; or

(c) that circumstances exist whichrender it necessary in the public interestso to do,

the Central Government may, by notificationin the Official Gazette, supersede the Authorityfor such period, not exceeding six months, asmay be specified in the notification:

Provided that before issuing a notificationunder this sub-section for the reasonsmentioned in clause (b), the CentralGovernment shall give a reasonable

opportunity to the Authority to show causewhy it should not be superseded and shallconsider the explanations and objections, ifany, of the Authority.

(2) Upon the publication of a notificationunder sub-section (1) superseding theAuthority,—

(a) all the members shall, as from the dateof supersession, vacate their offices as such;

(b) all the powers, functions and dutieswhich may, by or under the provisions ofthis Act, be exercised or discharged by oron behalf of the Authority, shall untilthe Authority is reconstituted undersub-section (3), be exercised anddischarged by such person or persons asthe Central Government may direct; and

(c) all property owned or controlled bythe Authority shall, until the Authority isreconstituted under sub-section (3), vest inthe Central Government.

(3) On the expiration of the period ofsupersession specified in the notificationissued under sub-section (1), the CentralGovernment may,—

(a) extend the period of supersession forsuch further term not exceeding sixmonths, as it may consider necessary, or

(b) reconstitute the Authority by freshappointment and in such case the memberswho vacated their offices under clause (a)of sub-section (2) shall not be deemeddisqualified for appointment:

Provided that the Central Government may,at any time before the expiration ofthe period of supersession, whether asoriginally specified under sub-section (1) oras extended under this sub-section, takeaction under clause (b) of this sub-section.

(4) The Central Government shall cause anotification issued under sub-section (1) and


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a full report of any action taken under thissection and the circumstances leading tosuch action to be laid before both Houses ofParliament in the immediate subsequentsession of Parliament.

33. Power of Central Government to issuedirections.— (1) Without prejudice to theforegoing provisions of this Act, the Authorityshall, in the discharge of its functions andduties under this Act, be bound by suchdirections on questions of policy as the CentralGovernment may give in writing to it fromtime to time:

Provided that the Authority shall, as far aspracticable, be given opportunity to expressits views before any direction is given underthis sub-section.

(2) The decision of the Central Governmentwhether a question is one of policy or notshall be final.

(3) The Central Government may, from timeto time, issue directions to the Authorityregarding the discharge of any functions by itunder the clauses of sub-section (2) of section11 and the Authority shall be bound to complywith such directions.

34. Power to make rules.— (1) The CentralGovernment may, by notification in the OfficialGazette, make rules for carrying out theprovisions of this Act.

(2) In particular and without prejudice tothe generality of the foregoing power, suchrules may provide for—

(a) the other conditions of serviceof members of the Authority undersub-section (2) of section 5;

(b) the period of notice as may be givenby any member to resign his office undersub-section (3) of section 5;

(c) the manner in which the Authoritymay invest the funds under clause (b) ofsub-section (3) of section 21;

(d) the form in which the annualstatement of accounts shall be prepared bythe Authority under sub-section (1) ofsection 25;

(e) the form in which a report giving anaccount of its activities shall be preparedand submitted by the Authority to theCentral Government under sub-section (1)of section 26; and

(f) any other matter which is to be, or maybe, prescribed.

35. Power to make regulations.— (1) TheAuthority may, with the previous approval ofthe Central Government, make regulations notinconsistent with this Act and the rules madethereunder for the purpose of giving effect tothe provisions of this Act.

(2) Without prejudice to the generality ofthe foregoing power, such regulations mayprovide for—

(a) the time and places of meetings of theAuthority and the procedure to be followedfor transaction of business including thequorum at such meetings under sub-section(1) of section 8;

(b) the conditions of service and theremuneration of officers and otheremployees to be appointed by the Authorityunder sub-section (2) of section 10;

(c) the contracts which are to be sealedwith the common seal of the Authorityunder sub-section (1), and the form andmanner in which a contract may be madeby the Authority under sub-section (2) ofsection 18;

(d) the fees and rent to be charged by theAuthority under sub-section (1) of section19;

(e) the custody and restoration of lostproperty and the terms and conditionsunder which lost property may be restored



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to the persons entitled thereto undersection 31.

36. Rules, regulations and notifications tobe laid before Parliament.— Every rule andevery regulation made or notification issuedunder this Act shall be laid, as soon as may beafter it is made, before each House ofParliament, while it is in session, for a totalperiod of thirty days which may be comprisedin one session or in two or more successivesessions, and if, before the expiry of the sessionimmediately following the session or thesuccessive sessions aforesaid, both Housesagree in making any modification in the rule,regulation or notification, as the case may be,or both Houses agree that the rule, regulationor notification, as the case may be, should notbe made or issued, the rule, regulation ornotification shall thereafter have effect only insuch modified form or be of no effect, as thecase may be; so, however, that any suchmodification or annulment shall be withoutprejudice to the validity of anything previouslydone under that rule, regulation or notification.

37. Power to remove difficulties.— (1) If anydifficulty arises in giving effect to theprovisions of this Act, the Central Governmentmay, by general or special order published inthe Official Gazette, make such provisions notinconsistent with the provisions of this Actas appear to it to be necessary or expedientfor the removal of the difficulty:

Provided that no such order shall be madeafter the expiry of a period of two years fromthe date of the commencement of this Act.

(2) Every order made under this sectionshall as soon as may be after it is made, belaid before each House of Parliament.

___________

Notification

10/2/2010-LA/196

The Ancient Monuments and Archaeo-logical Sites and Remains (Amendment andValidation) Act, 2010 (Central Act No. 10 of

2010), which has been passed by Parliamentand assented to by the President of India on29-03-2010 and published in the Gazette ofIndia, Extraordinary, Part II, Section I dated30-03-2010, is hereby published for the generalinformation of the public.



__________

THE ANCIENT MONUMENTS ANDARCHAEOLOGICAL SITES ANDREMAINS (AMENDMENT AND

VALIDATION) ACT, 2010

AN

ACT

further to amend the Ancient Monuments andArchaeological Sites and Remains Act, 1958and to make provision for validation ofcertain actions taken by the CentralGovernment under the said Act.

Be it enacted by Parliament in the Sixty-firstYear of the Republic of India as follows:—

1. Short title and commencement.— (1) ThisAct may be called the Ancient Monumentsand Archaeological Sites and Remains(Amendment and Validation) Act, 2010.

(2) Save as otherwise provided, it shall bedeemed to have come into force (exceptsections 3, 5, 7 and 8 to 11) on the 23rd day ofJanuary, 2010.

2. Amendment of section 2.— Onand from the 16th day of June, 1992,in the Ancient Monuments andArchaeological Sites and RemainsAct, 1958 (hereinafter referred to asthe principal Act), in section 2,—

(i) after clause (d), the following clausesshall be inserted and shall be deemed tohave been inserted, namely:—

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‘(da) “Authority” means the NationalMonuments Authority constituted undersection 20F;

(db) “competent authority” means anofficer not below the rank of Director ofarchaeology or Commissioner ofarchaeology of the Central or StateGovernment or equivalent rank, specified,by notification in the Official Gazette, asthe competent authority by the CentralGovernment to perform functions underthis Act:

Provided that the Central Governmentmay, by notification in the Official Gazette,specify different competent authorities forthe purpose of sections 20C, 20D and 20E;

(dc) “construction” means any erectionof a structure or a building, including anyaddition or extension thereto eithervertically or horizontally, but does notinclude any re-construction, repair andrenovation of an existing structure orbuilding, or, construction, maintenanceand cleansing of drains and drainageworks and of public latrines, urinals andsimilar conveniences, or, the constructionand maintenance of works meant forproviding supply of water for public, or,the construction or maintenance,extension, management for supply anddistribution of electricity to the public orprovision for similar facilities for public;’;

(ii) after clause (h), the following clause shallbe inserted and shall be deemed to have beeninserted, namely:—

‘(ha) “prohibited area” means any areaspecified or declared to be a prohibited areaunder section 20A;’;

(iii) after clause (j), the following clausesshall be inserted and shall be deemed to havebeen inserted, namely:—

‘(k) “re-construction” means any erectionof a structure or building to its pre-existingstructure, having the same horizontal andvertical limits;

(l) “regulated area” means any areaspecified or declared under section 20B;,

(m) “repair and renovation” meansalterations to a pre-existing structure orbuilding, but shall not include constructionor re-construction;’.


“4A. Categorisation and classification inrespect of ancient monuments orarchaeological sites and remains declared asof national importance under sections 3 and4.— (1) The Central Government shall, onthe recommendation of the Authority,prescribe categories in respect of ancientmonuments or archaeological sites andremains declared as of national importanceunder sections 3 and 4, and whileprescribing such categories it shall haveregard to the historical, archaeological andarchitectural value and such other factorsas may be relevant for the purpose of suchcategorisation.

(2) The Central Government shall, on therecommendation of the Authority, classifyall the ancient monuments or archaeologicalsites and remains declared as of nationalimportance under sections 3 and 4, inaccordance with the categories prescribedunder sub-section (1) and thereafter makethe same available to the public and exhibitthe same on its website and also in suchother manner as it may deem fit.”.

4. Insertion of new section 20A.— On andfrom the 16th day of June, 1992, after section20 of the principal Act, the following sectionshall be inserted and shall be deemed to havebeen inserted, namely:—

“Prohibited and Regulated Areas

20A. Declaration of prohibited area andcarrying out public work or other works inprohibited area.— Every area, beginning atthe limit of the protected area or the



553

protected monument, as the case may be,and extending to a distance of one hundredmetres in all directions shall be theprohibited area in respect of such protectedarea or protected monument:

Provided that the Central Governmentmay, on the recommendation of theAuthority, by notification in the OfficialGazette, specify an area more than onehundred metres to be the prohibited areahaving regard to the classification of anyprotected monument or protected area, asthe case may be, under section 4A.

(2) Save as otherwise provided in section20C, no person, other than an archaeologicalofficer, shall carry out any construction inany prohibited area.

(3) In a case where the CentralGovernment or the Director-General, as thecase may be, is satisfied that—

(a) it is necessary, or expedient forcarrying out such public work or anyproject essential to the public; or

(b) such other work or project, in itsopinion, shall not have any substantialadverse impact on the preservation,safety, security of, or, access to, themonument or its immediate surrounding,

it or he may, notwithstanding anythingcontained in sub-section (2), in exceptionalcases and having regard to the publicinterest, by order and for reasons to berecorded in writing, permit, such publicwork or project essential to the public orother constructions, to be carried out in aprohibited area:

Provided that any area near any protectedmonument or its adjoining area declared,during the period beginning on or after the16th day of June, 1992 but ending before thedate on which the Ancient Monuments andArchaeological Sites and Remains(Amendment and Validation) Bill, 2010,receives the assent of the President, as aprohibited area in respect of such protected

monument, shall be deemed to be theprohibited area declared in respect of thatprotected monument in accordance with theprovisions of this Act and any permission orlicence granted by the Central Government orthe Director-General, as the case may be, forthe construction within the prohibited area onthe basis of the recommendation of the ExpertAdvisory Committee, shall be deemed to havebeen validly granted in accordance with theprovisions of this Act, as if this section had beenin force at all material times:

Provided further that nothing contained inthe first proviso shall apply to any permissiongranted, subsequent to the completion ofconstruction or re-construction of any buildingor structure in any prohibited area inpursuance of the notification of theGovernment of India in the Department ofCulture (Archaeological Survey of India)number S.O. 1764 dated the 16th June, 1992issued under rule 34 of the AncientMonuments and Archaeological Sites andRemains Rules, 1959, or, without havingobtained the recommendations of theCommittee constituted in pursuance ofthe order of the Government of India number24/22/2006-M, dated the 20th July, 2006(subsequently referred to as the ExpertAdvisory Committee in orders dated the 27thAugust, 2008 and the 5th May, 2009).”.

5. Amendment of section 20A.— In section20A of the principal Act (as so inserted bysection 4 of this Act), after sub-section (3),the following sub-section shall be inserted,namely:—

“(4) No permission, referred to insub-section (3), including carrying out anypublic work or project essential to the publicor other constructions, shall be granted inany prohibited area on and after the dateon which the Ancient Monuments andArchaeological Sites and Remains(Amendment and Validation) Bill, 2010receives the assent of the President.”.

6. Insertion of new section 20B.— On andfrom the 16th day of June, 1992, after section20A of the principal Act, the following


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section shall be inserted and shall be deemedto have been inserted, namely:—

“20B. Declaration of regulated area inrespect of every protected monument.—Every area, beginning at the limit ofprohibited area in respect of every ancientmonument and archaeological site andremains, declared as of national importanceunder sections 3 and 4 and extending to adistance of two hundred metres in alldirections shall be the regulated area inrespect of every ancient monument andarchaeological site and remains:

Provided that the Central Governmentmay, by notification in the Official Gazette,specify an area more than two hundredmetres to be the regulated area havingregard to the classification of any protectedmonument or protected area, as the casemay be, under section 4A:

Provided further that any area near anyprotected monument or its adjoining areadeclared, during the period beginning onor after the 16th day of June, 1992 butending before the date on which the AncientMonuments and Archaeological Sites andRemains (Amendment and Validation) Bill,2010, receives the assent of the President,as a regulated area in respect of suchprotected monument, shall be deemed to bethe regulated area declared in respect of thatprotected monument in accordance withthe provisions of this Act and any permissionor licence granted for construction in suchregulated area shall, be deemed to havebeen validly granted in accordance with theprovisions of this Act, as if this section hadbeen in force at all material times.”.

7. Insertion of new sections 20C, 20D, 20E,20F, 20G, 20H, 20-I, 20J, 20K, 20L, 20M, 20N,20-O, 20P and 20Q.— After section 20B of theprincipal Act (as so inserted by section 6 ofthis Act) the following sections shall beinserted, namely:—

‘20C. Application for repair or renovationin prohibited area, or construction or

re-construction or repair or renovation inregulated area.— (1) Any person, who ownsany building or structure, which existedin a prohibited area before the 16th dayof June, 1992, or, which had beensubsequently constructed with the approvalof the Director-General and desires tocarry out any repair or renovation of suchbuilding or structure, may make anapplication to the competent authority forcarrying out such repair or renovation, asthe case may be.

(2) Any person, who owns or possessesany building or structure or land in anyregulated area, and desires to carry out anyconstruction or re-construction or repair orrenovation of such building or structureon such land, as the case may be, maymake an application to the competentauthority for carrying out construction orre-construction or repair or renovation, asthe case may be.

Grant of permission by competentauthority

20D. Grant of permission by competentauthority within regulated area.— (1) Everyapplication for grant of permission undersection 20C of this Act shall be made to thecompetent authority in such manner as maybe prescribed.

(2) The competent authority shall, withinfifteen days of the receipt of the application,forward the same to the Authority toconsider and intimate impact of suchconstruction (including the impact of large-scale development project, public projectand project essential to the public) havingregard to the heritage bye-laws relating tothe concerned protected monument orprotected area, as the case may be:

Provided that the Central Governmentmay prescribe the category of applicationsin respect of which the permission may begranted under this sub-section and theapplication which shall be referred to theAuthority for its recommendations.



555

(3) The Authority shall, within two monthsfrom the date of receipt of application undersub-section (2), intimate to the competentauthority impact of such construction(including the impact of large-scaledevelopment project, public project andproject essential to the public).

(4) The competent authority shall, withinone month of the receipt of intimation fromthe Authority under sub-section (3), eithergrant permission or refuse the same as sorecommended by the Authority.

(5) The recommendations of the Authorityshall be final.

(6) In case the competent authority refusesto grant permission under this section, itshall, by order in writing, after giving anopportunity to the concerned person,intimate such refusal within three monthsfrom the date of receipt of the application tothe applicant, the Central Government andthe Authority.

(7) If the competent authority, after grantof the permission under sub-section (4) andduring the carrying out of the repair orrenovation work or re-construction ofbuilding or construction referred to in thatsub-section, is of the opinion (on the basisof material in his possession or otherwise)that such repair or renovation work orreconstruction of building or constructionis likely to have an adverse impact on thepreservation, safety, security or access tothe monument considerably, it may referthe same to the Authority for itsrecommendations and if so recommended,withdraw the permission granted undersub-section (4) if so required:

Provided that the competent authoritymay, in exceptional cases, with the approvalof the Authority grant permission to theapplicant referred to in sub-section (2) ofsection 20C until the heritage bye-laws havebeen prepared under sub-section (1) ofsection 20E and published under sub-section (7) of that section.

(8) The Central Government, or theDirector-General, as the case may be, shallexhibit, on their website, all the permissionsgranted or refused under this Act.

20E. Heritage bye-laws.— (1)The competent authority, inconsultation with Indian NationalTrust for Arts and CulturalHeritage, being a trust registeredunder the Indian Trusts Act, 1882,or such other expert heritagebodies as may be notified by theCentral Government, shallprepare heritage bye-laws inrespect of each protectedmonument and protected area.

(2) The heritage bye-laws referred to insub-section (1) shall, in addition to suchmatters as may be prescribed, includematters relating to heritage controls suchas elevations, facades, drainage systems,roads and service infrastructure (includingelectric poles, water and sewer pipelines).

(3) The Central Government shall, byrules, specify the manner of preparation ofdetailed site plans in respect of eachprotected area or protected monument orprohibited area or regulated area, the timewithin which such heritage bye-laws shallbe prepared and particulars to be includedin each such heritage bye-laws.

(4) The competent authority for thepurpose of preparation of detailed site plansand heritage bye-laws may appoint suchnumber of experts or consultants as it maydeem fit.

(5) A copy of each of the heritage bye-lawsprepared under sub-section (1) shall beforwarded to the Authority for its approval.

(6) A copy of the heritage bye-laws asapproved by the Authority under sub-section (5) shall be laid before each Houseof Parliament.

(7) Each heritage bye-laws shall, be madeavailable by the competent authority to thepublic, by exhibiting the same on its websiteand also in such other manner as it maydeem fit, immediately after laying the samebefore each House of Parliament.

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National Monuments Authority

20F. Constitution of National MonumentsAuthority.— (1) The Central Governmentshall, by notification in the Official Gazette,constitute an Authority to be called as theNational Monuments Authority.

(2) The Authority shall consist of,—

(a) a Chairperson, on whole-time basis,to be appointed by the President, havingproven experience and expertise in thefields of archaeology, country andtown planning, architecture, heritage,conservation-architecture or law;

(b) such number of members notexceeding five whole-time members andfive part-time members to be appointed,on the recommendation of the SelectionCommittee referred to in section 20G, bythe Central Government, having provenexperience and expertise in the fields ofarchaeology, country and town planning,architecture, heritage, conservation--architecture or law;

(c) the Director-General as member,ex officio.

(3) The tenure of the whole-timeChairperson or every whole-time memberand every part-time member, of theAuthority shall be three years from the dateon which he assumes office as such and shallnot be eligible for re-appointment:

Provided that, save as otherwise providedin clause (c) of sub-section (2), any personwho has held any post in the ArchaeologicalSurvey of India or in the Ministry of Cultureof the Government of India or a StateGovernment or has not been found fit to beconsidered for being appointed to any suchpost shall, not be eligible to be appointed asthe Chairperson or a member of theAuthority:

Provided further that any person, whohad either been granted a permission orlicence or refused any such permission or

refused grant of a licence or any person orany of his relative having any interest in aprohibited area or a regulated area shall notbe eligible to be appointed as a Chairpersonor member.

Explanation.— For the purposes of thissection, “relative” means—

(i) spouse of the Chairperson or member

of the Authority;

(ii) brother or sister of the Chairperson

or member of the Authority;

(iii) brother or sister of the spouse of the

Chairperson or member of the Authority;

(iv) brother or sister of either of the

parents of the Chairperson or member of

the Authority;

(v) any lineal ascendant or descendant

of the Chairperson or member of the

Authority;

(vi) any lineal ascendant or descendant

of the spouse of the Chairperson or

member of the Authority;

(vii) spouse of the person referred to in

clauses (ii) to (vi);

(4) An officer, not below the rank of JointSecretary to the Government of India, shallbe the Member Secretary of the Authority.

(5) The Central Government shall providesuch number of officers and other employeesas may be necessary for discharge offunctions by the Authority under this Act.

20G. Selection Committee for selection ofmembers of Authority.— (1) Every whole-time member and every part-time memberof the Authority shall be selected by aSelection Committee consisting of thefollowing persons, namely:—

(a) Cabinet Secretary — Chairperson,ex officio;

(b) Secretary in the Ministry of Culture—member, ex officio;

(c) Secretary in the Ministry of UrbanDevelopment — member, ex officio;



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(d) three experts, having provenexperience and expertise in the fields ofarchaeology, architecture, heritage orconservation-architecture to benominated by the Central Government.

(2) The Selection Committee referred toin sub-section (1) shall regulate its ownprocedure for the purposes of selectingwhole-time members and part-timemembers of the Authority.

20H. Salary, allowances and meetings ofAuthority.— (1) The salaries and allowancespayable to the whole-time Chairperson andwhole-time members, and the other termsand conditions of their service or fees orallowances payable to the part-timemembers, of the Authority shall be such asmay be prescribed:

Provided that neither the salary andallowances nor the other terms andconditions of service of the whole-timeChairperson and whole-time members shallbe varied to their disadvantage after theirappointment.

(2) The Authority shall regulate its ownprocedure for the purposes of holding itsmeetings (including quorum of suchmeetings) and granting permissions underthis Act.

(3) All the decisions of the Authority shallbe published in such manner as it maydecide and also on its own website and onthe website of the Central Government.

20-I. Functions and powers of Authority.—(1) The Authority shall exercise or dischargethe following powers or functions, namely:—

(a) make recommendations to theCentral Government for grading andclassifying protected monuments andprotected areas declared as of nationalimportance under sections 3 and 4, beforethe commencement of the AncientMonuments and Archaeological Sites andRemains (Amendment and Validation)Act, 2010;

(b) make recommendations to theCentral Government for grading andclassifying protected monuments andprotected areas which may be declaredafter the commencement of the AncientMonuments and Archaeological Sites andRemains (Amendment and Validation)Act, 2010, as of national importance undersection 4;

(c) oversee the working of thecompetent authorities;

(d) to suggest measures for imple-mentation of the provisions of this Act;

(e) to consider the impact of large-scaledevelopmental projects, including publicprojects and projects essential to thepublic which may be proposed inthe regulated areas and makerecommendations in respect thereof tothe competent authority;

(f) to make recommendations to thecompetent authority for grant ofpermission.

(2) The Authority shall, for thepurpose of discharging functionsunder this Act, have the samepowers as are vested in a civilcourt under the Code of CivilProcedure, 1908 while trying asuit in respect of the followingmatters, namely:—

(a) summoning and enforcing theattendance of any person and examininghim on oath;

(b) requiring the discovery andproduction of documents;

(c) any other matter which may beprescribed.

20J. Removal of Chairperson andmembers.— (1) Notwithstanding anythingcontained in sub-section (3) of section 20F,the President in the case of the Chairpersonand the Central Government in the case ofwhole-time member and part-time membermay, by order, remove from office, theChairperson or any such member of theAuthority, if he—

5 of 1908.


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(a) has been adjudged an insolvent; or

(b) has been convicted of an offencewhich, in the opinion of the CentralGovernment, involves moral turpitude; or

(c) has become physically or mentallyincapable of acting as Chairperson ormember; or

(d) has acquired such financial or otherinterests as is likely to affect prejudiciallyhis functions; or

(e) has so abused his position as torender his continuance in officeprejudicial to the public interest.

(2) The Chairperson or any member of theAuthority shall not be removed underclauses (d) and (e) of sub-section (1) unlesshe has been given a reasonable opportunityof being heard in the matter.

20K. Restriction on future employment byChairperson and members.— On ceasing tohold office, the Chairperson or whole-timemember of the Authority, as the case may be,shall, subject to the provisions of this Act, beineligible, for a period of five years from thedate on which they cease to hold office, forfurther employment (including as consultantor expert or otherwise) in any institution,agency or organisation of any nature mainlydealing with archaeology, country and townplanning, architecture, heritage andconservation-architecture or whose mattershad been before the Chairperson or suchmember.

20L. Power of Central Government to issuedirections to Authority.— (1) Withoutprejudice to the foregoing provisions of thisAct, the Authority shall, in exercise of itspowers or the discharge of its functions underthis Act, be bound by such directions onquestion of policy, other than those relating totechnical and administrative matters, as theCentral Government may give in writing to itfrom time to time:

Provided that the Authority shall, as far aspracticable, be given an opportunity toexpress its views before any direction is givenunder this sub-section.

(2) The decision of the CentralGovernment, whether a question is one ofpolicy or not, shall be final.

20M. Power of Central Government to issuedirections to competent authority.— Withoutprejudice to the foregoing provisions of thisAct, the competent authority shall, in exerciseof its powers or the discharge of its functionsunder this Act, be bound by such directions,as the Central Government may give in writingto it from time to time.

20N. Power of Central Government tosupersede Authority.— (1) If, at any time theCentral Government is of the opinion,—

(a) that, on account of circumstancesbeyond the control of the Authority, it isunable to discharge the functions or performthe duties imposed on it by or under theprovisions of this Act; or

(b) that the Authority has persistentlydefaulted in complying with any directiongiven by the Central Government under thisAct or in the discharge of the functions orperformance of the duties imposed on it byor under the provisions of this Act and as aresult of such default the financial positionof the Authority or the administration of theAuthority has suffered; or

(c) that circumstances exist whichrender it necessary in the public interestso to do,

the Central Government may, by notification

in the Official Gazette, supersede the

Authority for such period, not exceeding six

months, as may be specified in the

notification and appoint a person or persons

as the President may direct to exercise

powers and discharge functions under this

Act:

Provided that before issuing any suchnotification, the Central Government shallgive a reasonable oppor tunity to theAuthority to make representations against



559

the proposed supersession and shallconsider the representations, if any, of theAuthority.

(2) Upon the publication of a notificationunder sub-section (1) superseding theAuthority,—

(a) the Chairperson and all other whole--time members and part-time membersshall, as from the date of supersession,vacate their offices as such;

(b) all the powers, functions and dutieswhich may, by or under the provisions ofthis Act, be exercised or discharged byor on behalf of the Authority shall, untilthe Authority is reconstituted undersub-section (3), be exercised anddischarged by the person or personsreferred to in sub-section (1); and

(c) all properties owned or controlledby the Authority shall, until the Authorityis reconstituted under sub-section (3),vest in the Central Government.

(3) On or before the expiration of theperiod of supersession specified in thenotification issued under sub-section (1), theCentral Government shall reconstitute theAuthority by a fresh appointment of itsChairperson and other whole-time membersand part-time members and in such caseany person who had vacated his office underclause (a) of sub-section (2) shall not bedeemed to be disqualified, subject to theprovisions of sub-section (3) of section 20Ffor re-appointment for the remaining period.

(4) The Central Government shall causea copy of the notification issued undersub-section (1) and a full report of anyaction taken under this section and thecircumstances leading to such action to belaid before each House of Parliament at theearliest.

20-O. Bar of jurisdiction of civil court.—No civil court shall have jurisdiction inrespect of any matter which the Authorityis empowered by or under this Act todetermine and no injunction shall be

granted by any court or other authority inrespect of any action taken or to be takenin pursuance of any power conferred by orunder this Act.

20P. Annual report.— (1) The Authorityshall prepare once in every year, in suchform and at such time as may be prescribedby the Central Government, an annualreport giving full description of all theactivities of the Authority for the previousyear.

(2) A copy of the report received undersub-section (1) shall be laid, as soon as maybe after it is received, before each House ofParliament.

20Q. Power to call for information.—Where the Central Government considersit expedient so to do, it may, by order inwriting call upon the Authority or thecompetent authority, as the case may be, tofurnish in writing such information, in suchform and manner as may be prescribed,relating to its affairs as the CentralGovernment may require.”.



(i) for the words “imprisonment whichmay extend to three months”, the words“imprisonment which may extend to twoyears” shall be substituted;

(ii) for the words “fine which may extendto five thousand rupees”, the words “finewhich may extend to one lakh rupees” shallbe substituted;

(b) in sub-section (2), for the words “finewhich may extend to five thousand rupees”,the words “imprisonment which may extendto two years or with fine which may extendto one lakh rupees or with both” shall besubstituted.

9. Insertion of new sections 30A, 30B and30C.— After section 30 of the principal Act,the following sections shall be inserted,namely:—


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“30A. Punishment for construction, etc.,in prohibited area.— Whoever raises, on andafter the date on which the AncientMonuments and Archaeological Sites andRemains (Amendment and Validation) Bill,2010, receives the assent of the President,any construction in the prohibited area, shallbe punishable with imprisonment notexceeding two years or with fine which mayextend to one lakh rupees or with both.

30B. Punishment for construction, etc., inregulated area.— Whoever raises, on andafter the date on which the AncientMonuments and Archaeological Sites andRemains (Amendment and Validation) Bill,2010, receives the assent of the President,any construction in the regulated areawithout the previous permission of thecompetent authority or in contravention ofthe permission granted by the competentauthority, shall be punishable withimprisonment not exceeding two yearsor with fine which may extend to one lakhrupees or with both.

30C. Offences by officers of Government.—If any officer of the Central Governmententers into or acquiesces in any agreementto do, abstains from doing, permits, concealsor connives at any act or thing whereby anyconstruction or re-construction takes placein a prohibited area or regulated area, heshall be punishable with imprisonment fora term which may extend to three years, orwith fine, or with both.”.

10. Insertion of new sections 35A and35B.—After section 35 of the principal Act,the following sections shall be inserted,namely:—

“35A. Obligation to survey the protectedprohibited area and regulated areas.— (1)The Director-General shall, within such timeas may be specified by the CentralGovernment, conduct a survey or causesurvey to be conducted in respect of allprohibited areas and regulated areas for thepurpose of detailed site plans.

(2) A report in respect of such surveyreferred to in sub-section (1) shall be

forwarded to the Central Government andto the Authority.

35B. Identification of un-authorisedconstructions on or after 16th June, 1992.—(1) The Director-General shall, within suchtime as may be specified by the CentralGovernment, identify or cause to beidentified, all constructions (of whatevernature) made on and after the 16th day ofJune, 1992 in all prohibited areas andregulated areas and, thereafter, submit fromtime to time a report in respect thereof tothe Central Government.

(2) The Director-General shall, for thepurposes of sub-section (1), have the powerto call for information from the local bodiesand other authorities.”.

11. Amendment of section 38.— In section38 of the principal Act, in sub-section (2), afterclause (c), the following clauses shall beinserted, namely:—

“(ca) the categories of ancientmonuments or archaeological sites andremains, declared as of national importance,under sub-section (1) of section 4A;

(cb) the manner of making application forgrant of permission under sub-section (1) ofsection 20D;

(cc) the category of applications in respectof which the permission may be grantedand applications which shall be referredto the Authority for its recommendation,under sub-section (2) of section 20D;

(cd) the other matters including heritagecontrols such as elevations, facades,drainage systems, roads and serviceinfrastructure (including electric poles,water and sewer pipelines) undersub-section (2) of section 20E;

(ce) the manner of preparation of detailedsite plans in respect of each prohibited areaand regulated area and the time withinwhich such heritage bye-laws shall beprepared and particulars to be includedin each such heritage bye-laws undersub-section (3) of section 20E;



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(cf) salaries and allowances payable to,and the other terms and conditions ofservice of, the whole-time Chairperson andwhole-time members, or fees or allowancespayable to the part-time members, of theAuthority under sub-section (1) of section20H;

(cg) the form in which and time at whichthe Authority shall prepare an annual reportgiving full description of its activities forthe previous year under section 20P;

(ch) the form and manner in which theAuthority and competent authority shallfurnish information to the CentralGovernment under section 20Q;”.

12. Validation of action taken, etc., undernotification No. S. O. 1764, dated 16th June,1992.— Notwithstanding anything containedin any judgment, decree or order of any court,tribunal or other authority—

(a) any thing done or purportedto be done or any action taken orpurported to be taken by theCentral Government, exceptas provided in the second provisoto sub-section (3) of section20A, immediately before thecommencement of this Act, inpursuance of the notification ofthe Government of India inthe Department of Culture(Archaeological Survey of India)number S.O. 1764, dated the 16thJune, 1992 issued under rule 34of the Ancient Monuments andArchaeological Sites and RemainsRules, 1959, shall be deemed tobe and deemed to have alwaysbeen done or taken validly and inaccordance with law at allmaterial times [except asprovided in the second proviso tosub-section (3) of section 20A]and no action taken or thing done(including any order made,agreement entered into, or

notification issued for constitutingany Expert Advisory Committee)in connection with anypermission granted or licenceissued for any construction in aprohibited area or a regulatedarea in respect of a protectedmonument, shall be deemed to beinvalid or ever to have becomeinvalid except as provided in thesecond proviso to sub-section (3)of section 20A merely on theground that the AncientMonuments and ArchaeologicalSites and Remains Act, 1958 orthe rules, orders or notificationsissued thereunder did not containany provision for constitution of anExpert Advisory Committee orAdvisory Committee, as the casemay be;

(b) no suit, claim or otherproceedings shall be instituted,maintained or continued in anycourt, tribunal or other authorityfor any permission or licencegranted by the CentralGovernment or the Director--General under the AncientMonuments and ArchaeologicalSites and Remains Act, 1958 orany rule, order or notificationmade thereunder for carrying outany repair, renovation orconstruction work or forundertaking any public work orpublic project before thecommencement of this Act;

(c) no claim or challenge shallbe made in or entertained by anycourt, tribunal or other authoritysolely on the ground that theCentral Government or theDirector-General did not takeinto consideration any of theprovisions of the AncientMonuments and ArchaeologicalSites and Remains Act, 1958, as

24 of 1958.

24 of 1958.

24 of 1958.


562

amended by the AncientMonuments and ArchaeologicalSites and Remains (Amendmentand Validation) Act, 2010, ingranting any permission orlicence for the purpose of carryingout any mining or repair,renovation or construction workin a prohibited area or a regulatedarea at any time between the 16thday of June, 1992 and the date ofcommencement of this Act.

13. Repeal and savings.— (1)The Ancient Monuments andArchaeological Sites and Remains(Amendment and Validation)Ordinance, 2010 is hereby repealed.

(2) Notwithstanding such repeal, anythingdone or any action taken under the principalAct, as amended by the said Ordinance, shallbe deemed to have been done or taken underthe corresponding provisions of the principalAct as amended by this Act.

___________

Notification

10/2/2010-LA/204

The Legal Metrology Act, 2009 (CentralAct No. 1 of 2010 ), which has been passed byParliament and assented to by the Presidentof India on 13-01-2010 and published inthe Gazette of India, Extraordinary, Part II,Section I dated 14-01-2010, is herebypublished for the general information of thepublic.



THE LEGAL METROLOGY ACT, 2009_________

ARRANGEMENT OF SECTIONS_________

CHAPTER I

Preliminary

Sections

1. Short title, extent and commencement.2. Definitions.3. Provisions of this Act to override provisions of

any other law.

CHAPTER II

Standard Weights and Measures

4. Units of weights and measures to be based onmetric system.

5. Base unit of weights and measures.6. Base unit of numeration.7. Standard units of weights and measures.8. Standard weight, measure or numeral.9. Reference, secondary and working standard.

10. Use of weight or measure for particular purposes.11. Prohibition of quotation, etc., otherwise than in

terms of standard units of weight, measure ornumeration.

12. Any custom, usage, etc., contrary to standardweight, measure or numeration to be void.

CHAPTER III

Appointment and Powers of Director, Controllerand Legal Metrology Officers

13. Appointment of Director, legal metrology officersand other employees.

14. Appointment of Controller, legal metrologyofficers and other employees.

15. Power of inspection, seizure, etc.16. Forfeiture.17. Manufacturers, etc., to maintain records and

registers.18. Declarations on pre-packaged commodities.19. Registration for importer of weight or measure.20. Non-standard weights and measures not to be

imported.21. Training in legal metrology.22. Approval of Model.23. Prohibition on manufacture, repair or sale of

weight or measure without licence.

CHAPTER IV

Verification and Stamping of Weight or Measure24. Verification and stamping of weight or measure.

CHAPTER V

Offences and Penalties25. Penalty for use of non-standard weight or

measure.26. Penalty for alteration of weight and measure.27. Penalty for manufacture or sale of non-standard

weight or measure.

Ord. 1 of2010.



563

Sections

28. Penalty for making any transaction, deal orcontract in contravention of the prescribedstandards.

29. Penalty for quoting or publishing, etc., of non--standard units.

30. Penalty for transactions in contravention ofstandard weight or measure.

31. Penalty for non-production of documents, etc.

32. Penalty for failure to get model approved.

33. Penalty for use of unverified weight or measure.

34. Penalty for sale or delivery of commodities, etc.,

by non-standard weight or measure.35. Penalty for rendering services by non-standard

weight, measure or number.36. Penalty for selling, etc., of non-standard

packages.37. Penalty for contravention by Government

approved Test Centre.38. Penalty for non-registration by importer of

weight or measure.39. Penalty for import of non-standard weight or

measure.40. Penalty for obstructing Director, Controller or

legal metrology officer.41. Penalty for giving false information or false

return.42. Vexatious search.43. Penalty for verification in contravention of Act

and rules.44. Penalty for counterfeiting of seals, etc.45. Penalty for manufacture of weight and measure

without licence.46. Penalty for repair, sale, etc., of weight and

measure without licence.47. Penalty for tampering with licence.48. Compounding of offences.49. Offences by companies and power of court to

publish name, place of business, etc., forcompanies convicted.

50. Appeals.51. Provisions of Indian Penal Code and Code of

Criminal Procedure not to apply.

52. Power of the Central Government to make rules.

53. Power of State Govemment to make rules.

54. Delegation of powers.

55. Act not to apply in certain cases.

56. Existing Director, Controller and legal metrology

officer not to be affected by the new qualificationto be prescribed.

57. Repeal of the Standards of Weights andMeasures Act, 1976 and Standards of Weights

and Measures (Enforcement) Act, 1985.

THE LEGAL METROLOGY ACT, 2009AN

ACT

to establish and enforce standards of weightsand measures, regulate trade and commercein weights, measures and other goodswhich are sold or distributed by weight,measure or number and for mattersconnected therewith or incidental thereto.

Be it enacted by Parliament in the SixtiethYear of the Republic of India as follows:—

CHAPTER I

Preliminary

1. Short title, extent and commencement.—(1) This Act may be called the Legal MetrologyAct, 2009.

(2) It extends to the whole of India.

(3) It shall come into force on such date asthe Central Government may, by notificationin the Official Gazette, appoint and differentdates may be appointed for differentprovisions of this Act.

2. Definitions.— In this Act, unless thecontext otherwise requires,—

(a) “Controller” means the Controller ofLegal Metrology appointed under section 14;

(b) “dealer”, in relation to any weight ormeasure, means a person who, carries on,directly or otherwise, the business ofbuying, selling, supplying or distributingany such weight or measure, whether forcash or for deferred payment or forcommission, remuneration or othervaluable consideration, and includes acommission agent, an importer, amanufacturer, who sells, supplies,distributes or otherwise delivers any weightor measure manufactured by him to anyperson other than a dealer;

(c) “Director” means the Director of LegalMetrology appointed under section 13;


564

(d) “export” with its grammaticalvariations and cognate expressions, meanstaking out of India to a place outside India;

(e) “import” with its grammaticalvariations and cognate expressions, meansbringing into India from a place outsideIndia;

(f) “label” means any written, marked,stamped, printed or graphic matter affixedto, or appearing upon any pre-packagedcommodity;

(g) “Legal Metrology” means that partof metrology which treats units ofweighment and measurement, methods ofweighment and measurement andweighing and measuring instruments, inrelation to the mandatory technical andlegal requirements which have the objectof ensuring public guarantee from the pointof view of security and accuracy of theweighments and measurements;

(h) “legal metrology officer” means

Additional Director, Additional Controller,

Joint Director, Joint Controller, Deputy

Director, Deputy Controller, Assistant

Director, Assistant Controller and Inspector

appointed under sections 13 and 14;

(i) “manufacturer” in relation to anyweight or measure, means a personwho—

(i) manufactures weight or measure,

(ii) manufactures one or more parts,

and acquires other parts, of such weight

or measure and, after assembling those

parts, claims the end product to be a

weight or measure manufactured by

himself or itself, as the case may be,

(iii) does not manufacture any part of

such weight or measure but assembles

parts thereof manufactured by others and

claims the end product to be a weight or

measure manufactured by himself or

itself, as the case may be,

(iv) puts, or causes to be put, his ownmark on any complete weight or measuremade or manufactured by any otherperson and claims such product to bea weight or measure made ormanufactured by himself or itself, as thecase may be;

(j) “notification” means a notificationpublished in the Official Gazette;

(k) “protection” means the utilisation ofreading obtained from any weight ormeasure, for the purpose of determining anystep which is required to be taken tosafeguard the well-being of any humanbeing or animal, or to protect anycommodity, vegetation or thing, whetherindividually or collectively;

(l) “pre-packaged commodity” means acommodity which without the purchaserbeing present is placed in a package ofwhatever nature, whether sealed or not, sothat the product contained therein has apre-determined quantity;

(m) “person” includes,—

(i) a Hindu undivided family,

(ii) every department or office,

(iii) every organisation established orconstituted by Government,

(iv) every local authority within theterritory of India,

(v) a company, firm and association ofindividuals,

(vi) trust constituted under an Act,

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

(viii) every other societyregistered under the SocietiesRegistration Act, 1860;

(n) “premises” includes—

(i) a place where any business,industry, production or transaction iscarried on by a person, whether by

21 of 1860.



565

himself or through an agent, by whatevername called, including the person whocarries on the business in such premises,

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

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

(iv) a dwelling house, if any partthereof is used for the purpose of carryingon any business, industry, production ortrade,

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

(o) “prescribed” means prescribed byrules made under this Act;

(p) “repairer” means a person whorepairs a weight or measure and includes aperson who adjusts, cleans, lubricates orpaints any weight or measure or rendersany other service to such weight ormeasure to ensure that such weight ormeasure conforms to the standardsestablished by or under this Act;

(q) “State Government”, in relation to aUnion territory, means the Administratorthereof;

(r) “sale”, with its grammatical variationsand cognate expressions, means transfer ofproperty in any weight, measure or othergoods by one person to another for cash orfor deferred payment or for any othervaluable consideration and includes atransfer of any weight, measure or othergoods on the hire-purchase system or anyother system of payment by instalments, butdoes not include a mortgage orhypothecation of, or a charge or pledge on,such weight, measure or other goods;

(s) “seal” means a device or process bywhich a stamp is made, and includes any

wire or other accessory which is used forensuring the integrity of any stamp;

(t) “stamp” means a mark, made byimpressing, casting, engraving, etching,branding, affixing pre-stressed paper sealor any other process in relation to, anyweight or measure with a view to—

(i) certifying that such weight ormeasure conforms to the standardspecified by or under this Act, or

(ii) indicating that any mark whichwas previously made thereon certifyingthat such weight or measure conforms tothe standards specified by or under thisAct, has been obliterated;

(u) “transaction” means,—

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

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

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

(v) “verification”, with its grammaticalvariations and cognate expressions,includes, in relation to any weight ormeasure, the process of comparing,checking, testing or adjusting such weightor measure with a view to ensuring thatsuch weight or measure conforms to thestandards established by or under this Actand also includes re-verification andcalibration;

(w) “weight or measure” means a weightor measure specified by or under this Actand includes a weighing or measuringinstrument.

3. Provisions of this Act to overrideprovisions of any other law.— The provisionsof this Act shall have effect notwithstandinganything inconsistent therewith contained inany enactment other than this Act or in any


566

instrument having effect by virtue of anyenactment other than this Act.

CHAPTER II

Standard Weights and Measures

4. Units of weights and measures to bebased on metric system.— Every unit of weightor measure shall be in accordance with themetric system based on the internationalsystem of units.

5. Base unit of weights and measures.— (1)The base unit of—

(i) length shall be the metre;

(ii) mass shall be the kilogram;

(iii) time shall be the second;

(iv) electric current shall be the ampere;

(v) thermodynamic temperature shall bethe kelvin;

(vi) luminous intensity shall be thecandela; and

(vii) amount of substance shall be themole.

(2) The specifications of the base unitsmentioned in sub-section (1), derived unitsand other units shall be such as may beprescribed.

6. Base unit of numeration.— (1) The baseunit of numeration shall be the unit of theinternational form of Indian numerals.

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

(3) The decimal multiples and sub-multiplesof the numerals shall be of suchdenominations and be written in such manneras may be prescribed.

7. Standard units of weights andmeasures.— (1) The base units of weights and

measures specified in section 5 shall be thestandard units of weights and measures.

(2) The base unit of numeration specified insection 6 shall be the standard unit oflumeration.

(3) For the purpose of deriving the value ofbase, derived and other units mentioned insection 5, the Central Government shallprepare or cause to be prepared objects orequipments in such manner as may beprescribed.

(4) The physical characteristics,configuration, constructional details,materials, equipments, performance,tolerances, period of re-verification, methodsor procedures of tests shall be such as maybe prescribed.

8. Standard weight, measure or numeral.—(1) Any weight or measure which conformsto the standard unit of such weight or measureand also conforms to such of the provisions ofsection 7 as are applicable to it shall be thestandard weight or measure.

(2) Any numeral which conforms to theprovisions of section 6 shall be the standardnumeral.

(3) No weight, measure or numeral, otherthan the standard weight, measure ornumeral, shall be used as a standard weight,measure or numeral.

(4) No weight or measure, shall bemanufactured or imported unless it conformsto the standards of weight or measurespecified under section 8:

Provided that provisions of this section shallnot apply for manufacture done exclusively forexport or for the purpose of any scientificinvestigation or research.

9. Reference, secondary and workingstandard.— (1) The reference standards,secondary standards and working standards



567

of weights and measures shall be such asmay be prescribed.

(2) Every reference standard, secondarystandard and working standard shall beverified and stamped in such manner and afterpayment of such fee as may be prescribed.

(3) Every reference standard, secondarystandard and working standard which is notverified and stamped in accordance with theprovisions of sub-section (2) shall not bedeemed to be a valid standard.

10. Use of weight or measure for particularpurposes.— Any transaction, dealing orcontract in respect of any goods, class ofgoods or undertakings shall be made bysuch weight, measure or number as may beprescribed.

11. Prohibition of quotation, etc., otherwisethan in terms of standard units of weight,measure or numeration.— (1) No person shall,in relation to any goods, things or service,—

(a) quote, or make announcement of,whether by word of mouth or otherwise,any price or charge, or

(b) issue or exhibit any price list, invoice,cash memo or other document, or

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

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

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

otherwise than in accordance with thestandard unit of weight, measure ornumeration.

(2) The provisions of sub-section (1) shallnot be applicable for export of any goods,things or service.

12. Any custom, usage, etc., contrary tostandard weight, measure or numeration tobe void.— Any custom, usage, practice or

method of whatever nature which permits aperson to demand, receive or cause to bedemanded or received, any quantity of article,thing or service in excess of or less than, thequantity specified by weight, measure ornumber in the contract or other agreement inrelation to the said article, thing or service,shall be void.

CHAPTER III

Appointment and Powers of Director, Controllerand Legal Metrology Officers

13. Appointment of Director, legal metrologyofficers and other employees.— (1) The CentralGovernment may, by notification, appoint aDirector of legal metrology, AdditionalDirector, Joint Director, Deputy Director,Assistant Director and other employees forexercising the powers and discharging theduties conferred or imposed on them by orunder this Act in relation to inter-State tradeand commerce.

(2) The qualifications of the Director andlegal metrology officers appointed undersub-section (1) shall be such as may beprescribed.

(3) The Director and every legal metrologyofficer, appointed under sub-section (1), shallexercise such powers and discharge suchfunctions in respect of such local limits as theCentral Government may, by notification,specify.

(4) Every legal metrology officer appointedunder sub-section (1) shall exercise powersand discharge duties under the generalsuperintendence, direction and control ofthe Director.

(5) The Director, the Controllerand every legal metrology officerauthorised to perform any duty byor under this Act shall be deemedto be a public servant within themeaning of section 21 of the IndianPenal Code.

(6) No suit, prosecution or other legalproceeding shall lie against the Director, the

45 of 1860.


568

Controller and legal metrology officerauthorised to perform any duty by or underthis Act in respect of anything which is ingood faith done or intended to be doneunder this Act or any rule or order madethereunder.

(7) The Central Government may, with theconsent of the State Government and subjectto such conditions, limitations and restrictionsas it may specify in this behalf, delegate suchof the powers of the Director under this Actas it may think fit to the Controller of legalmetrology in the State, and such Controllermay, if he is of opinion that it is necessary orexpedient in the public interest so to do,delegate such of the powers delegated to himas he may think fit to any legal metrologyofficer and where any such delegation ofpowers is made by such Controller, the personto whom such powers are delegated shallexercise those powers in the same mannerand with the same effect as if they had beenconferred on him directly by this Act and notby way of delegation.

(8) Where any delegation of powers is madeunder sub-section (7), the powers sodelegated shall be exercised under the generalsuperintendence, direction and guidance ofthe Director.

14. Appointment of Controller, legalmetrology, officers and other employees.— (1)The State Government may, by notification,appoint a Controller of legal metrology,Additional Controller, Joint Controller, DeputyController, Assistant Controller, Inspector andother employees for the State for exercisingthe powers and discharging the dutiesconferred or imposed on them by or underthis Act in relation to intra State trade andcommerce.

(2) The qualifications of the Controller andlegal metrology officers appointed undersub-section (1) shall be such as may beprescribed.

(3) The Controller and every legal metrologyofficer, appointed under sub-section (1), shall

exercise such powers and discharge suchfunctions in respect of such local limits asthe State Government may, by notification,specify.

(4) Every legal metrology officer appointedunder sub-section (1) shall exercise anddischarge the duties under the generalsuperintendence, direction and control ofthe Controller.

15. Power of inspection, seizure, etc.— (1)The Director, Controller or any legal metrologyofficer may, if he has any reason to believe,whether from any information given to him byany person and taken down in writing or frompersonal knowledge or otherwise, that anyweight or measure or other goods in relationto which any trade and commerce hastaken place or is intended to take place and inrespect of which an offence punishable underthis Act appears to have been, or is likely tobe, committed are either kept or concealed inany premises or are in the course oftransportation,—

(a) enter at any reasonable time into anysuch premises and search for and inspectany weight, measure or other goods inrelation to which trade and commerce hastaken place, or is intended to take place andany record, register or other documentrelating thereto;

(b) seize any weight, measure or othergoods and any record, register or otherdocument or article which he has reasonto believe may furnish evidence indicatingthat an offence punishable under this Acthas been, or is likely to be, committed inthe course of, or in relation to, any tradeand commerce.

(2) The Director, Controller or any legalmetrology officer may also require theproduction of every document or other recordrelating to the weight or measure referred toin sub-section (1) and the person having thecustody of such weight or measure shallcomply with such requisition.



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(3) Where any goods seized undersub-section (1) are subject to speedy or naturaldecay, the Director, Controller or legalmetrology officer may dispose of such goodsin such manner as may be prescribed.

(4) Every search or seizure madeunder this section shall be carriedout in accordance with theprovisions of the Code of CriminalProcedure, 1973, relating tosearches and seizures.

16. Forfeiture.— (1) Every non-standard orunverified weight or measure, and everypackage made in contravention of section 18,used in the course of, or in relation to, anytrade and commerce and seized under section15, shall be liable to be forfeited to the StateGovernment:

Provided that such unverified weight ormeasure shall not be forfeited to the StateGovernment if the person from whom suchweight or measure was seized gets the sameverified and stamped within such time as maybe prescribed.

(2) Every weight, measure or other goodsseized under section 15 but not forfeited undersub-section (1), shall be disposed of by suchauthority and in such manner as may beprescribed.

17. Manufacturers, etc., to maintain recordsand registers.— (1) Every manufacturer,repairer or dealer of weight or measure shallmaintain such records and registers as maybe prescribed.

(2) The records and registers maintainedunder sub-section (1) shall be produced at thetime of inspection to the persons authorisedfor the said purpose under sub-section (1) ofsection 15.

18. Declarations on pre-packagedcommodities.— (1) No person shallmanufacture, pack, sell, import, distribute,deliver, offer, expose or possess for sale any

pre-packaged commodity unless suchpackage is in such standard quantities ornumber and bears thereon such declarationsand particulars in such manner as may beprescribed.

(2) Any advertisement mentioning the retailsale price of a pre-packaged commodity shallcontain a declaration as to the net quantity ornumber of the commodity contained in thepackage in such form and manner as may beprescribed.

19. Registration for importer of weight ormeasure.— No person shall import any weightor measure unless he is registered with theDirector in such manner and on payment ofsuch fees, as may be prescribed.

20. Non-standard weights and measures notto be imported.— No weight or measure,whether singly or as a part or component ofany machine shall be imported unless itconforms to the standards of weight ormeasure established by or under this Act.

21. Training in Legal Metrology.—(1) For imparting training in LegalMetrology and other allied branchesof knowledge the “Indian Instituteof Legal Metrology” (hereinafterreferred to as the “Institute”)established under the provisions ofthe Standards of Weights andMeasures Act, 1976, shall bedeemed to have been establishedunder the corresponding provisions,of this Act.

(2) The management and control of theInstitute, the teaching staff and otheremployees, the courses and curricula fortraining thereat, the qualifications, which aperson shall possess in order to be eligible foradmission thereto shall be such as may beprescribed.

22. Approval of model.— Every person,before manufacturing or importing any weightor measure shall seek, the approval of model

2 of 1974.

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of such weight or measure in such manner,on payment of such fee and from suchauthority as may be prescribed:

Provided that such approval of model maynot be required in respect of any cast iron,brass, bullion, or carat weight or any beamscale, length measures (not being measuringtapes) which are ordinarily used in retail tradefor measuring textiles or timber, capacitymeasures, not exceeding twenty litre incapacity, which are ordinarily used in retailtrade for measuring kerosene, milk or potableliquors:

Provided further that the prescribedauthority may, if he is satisfied that the modelof any weight or measure which has beenapproved in a country outside India conformsto the standards established by or under thisAct, approve such model without any test orafter such test as he may deem fit.

23. Prohibition on manufacture, repair orsale of weight or measure without licence.—(1) No person shall manufacture, repair or sell,or offer, expose or possess for repair or sale,any weight or measure unless he holdsa licence issued by the Controller undersub-section (2):

Provided that no licence to repair shall berequired by a manufacturer for repair of hisown weight or measure in a State other thanthe State of manufacture of the same.

(2) For the purpose of sub-section (1), theController shall issue a licence in such formand manner, on such conditions, for suchperiod and such area of jurisdiction and onpayment of such fee as may be prescribed.

CHAPTER IV

Verification and Stamping of Weight or Measure

24. Verification and stamping of weight ormeasure.— (1) Every person having anyweight or measure in his possession, custodyor control in circumstances indicating thatsuch weight or measure is being, or is

intended or is likely to be, used by him in anytransaction or for protection, shall, beforeputting such weight or measure into such use,have such weight or measure verified at suchplace and during such hours as the Controllermay, by general or special order, specify inthis behalf, on payment of such fees as maybe prescribed.

(2) The Central Government may prescribethe kinds of weights and measures for whichthe verification is to be done through theGovernment approved Test Centre.

(3) The Government approved Test Centreshall be notified by the Central Governmentor the State Government, as the case may be,in such manner, on such terms and conditionsand on payment of such fee as may beprescribed.

(4) The Government approved Test Centreshall appoint or engage persons having suchqualifications and experience and collect suchfee on such terms and conditions for theverification of weights and measuresspecified under sub-section (2) as may beprescribed.

CHAPTER V

Offences and Penalties

25. Penalty for use of non-standard weightor measure.— Whoever uses or keeps for useany weight or measure or makes use of anynumeration otherwise than in accordancewith the standards of weight or measure orthe standard of numeration, as the case maybe, specified by or under this Act, shall bepunished with fine which may extend totwenty-five thousand rupees and for thesecond or subsequent offence, withimprisonment for a term which may extendto six months and also with fine.

26. Penalty for alteration of weight andmeasure.— Whoever tampers with, or altersin any way, any reference standard,secondary standard or working standard orincreases or decreases or alters any weight



571

or measure with a view to deceiving anyperson or knowing or having reason to believethat any person is likely to be deceived thereby,except where such alteration is made for thecorrection of any error noticed therein onverification, shall be punished with fine whichmay extend to fifty thousand rupees and forthe second and subsequent offence withimprisonment for a term which shall not beless than six months but which may extend toone year or with fine or with both.

27. Penalty for manufacture or sale ofnon-standard weight or measure.— Everyperson who manufactures or causes to bemanufactured or sells or offers, exposes orpossesses for sale, any weight or measurewhich,—

(a) does not conform to the standards ofweight or measure specified by or underthis Act; or

(b) which bears thereon any inscriptionof weight, measure or number which doesnot conform to the standards of weight,measure or numeration specified by orunder this Act,

except where he is permitted to do so underthis Act, shall be punished with a fine whichmay extend to twenty thousand rupees andfor the second or subsequent offence withimprisonment for a term which may extend tothree years or with fine or with both.

28. Penalty for making any transactiondeal or contract in contravention of theprescribed standards.— Whoever makes anytransaction, deal or contract in contraventionof the standards of weights and measuresspecified under section 10 shall be punishedwith fine which may extend to ten thousandrupees and for the second or subsequentoffence, with imprisonment for a term whichmay extend to one year, or with fine, or withboth.

29. Penalty for quoting or publishing, etc.,of non-standard units.—Whoever violatessection 11 shall be punished with fine which

may extend to ten thousand rupees and, forthe second or subsequent offence, withimprisonment for a term which may extend toone year, or with fine, or with both.

30. Penalty for transactions in contraventionof standard weight or measure.— Whoever—

(a) in selling any article or thing byweight, measure or number, delivers orcauses to be delivered to the purchaser anyquantity or number of that article or thingless than the quantity or number contractedfor or paid for; or

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

(c) in buying any article or thing byweight, measure or number, fraudulentlyreceives, or causes to be received anyquantity or number of that article or thingin excess of the quantity or numbercontracted for or paid for; or

(d) in obtaining any service by weight,measure or number, obtains that service inexcess of the service contracted for or paidfor,

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

31. Penalty for non-production ofdocuments, etc.— Whoever, being required byor under this Act or the rules made thereunderto submit returns, maintain any record orregister, or being required by the Director orthe Controller or any legal metrology officerto produce before him for inspection anyweight or measure or any document, registeror other record relating thereto, omits or failswithout any reasonable excuse, so to do, shallbe punished with fine which may extend tofive thousand rupees and for the second or


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subsequent offence, with imprisonment for aterm which may extend to one year and alsowith fine.

32. Penalty for failure to get modelapproved.— Whoever fails or omits to submitmodel of any weight or measure for approval,shall be punished with fine which may extendto twenty thousand rupees and for the secondor subsequent offence, with imprisonmentfor a term which may extend to one yearand also with fine.

33. Penalty for use of unverified weight ormeasure .— Whoever, sells, distributes,delivers or otherwise transfers or uses anyunverified weight or measure shall bepunished with fine which shall not be less thantwo thousand rupees but which may extendto ten thousand rupees and, for the second orsubsequent offence, with imprisonment for aterm which may extend to one year and alsowith fine.

34. Penalty for sale or delivery ofcommodities, etc., by non-standard weight ormeasure.— Whoever sells, or causes to besold, delivers, or causes to be delivered, anycommodity, article or thing by any meansother than the standard weight or measure ornumber, shall be punished with fine whichshall not be less than two thousand rupeesbut which may extend to five thousand rupeesand, for the second or subsequent offence,with imprisonment for a term which shall notbe less than three months but which mayextend to one year, or with fine, or with both.

35. Penalty for rendering services bynon-standard weight, measure or number.—Whoever renders or causes to be rendered,any service through means other than theweight or measure or numeration or in termsof any weight, measure or number other thanthe standard weight or measure, shall bepunished with fine which shall not be less thantwo thousand rupees but which may extendto five thousand rupees and for the second orsubsequent offence, with imprisonment for aterm which shall not be less than three

months but which may extend to one year,or with fine, or with both.

36. Penalty for selling, etc., of non-standardpackages.— (1) Whoever manufactures,packs, imports, sells, distributes, delivers orotherwise transfers, offers, exposes orpossesses for sale, or causes to be sold,distributed, delivered or otherwisetransferred, offered, exposed for sale anypre-packaged commodity which does notconform to the declarations on the packageas provided in this Act, shall be punished withfine which may extend to twenty-fivethousand rupees, for the second offence, withfine which may extend to fifty thousand rupeesand for the subsequent offence, with finewhich shall not be less than fifty thousandrupees but which may extend to one lakhrupees or with imprisonment for a termwhich may extend to one year or with both.

(2) Whoever manufactures or packs orimports or causes to be manufactured orpacked or imported, any pre-packagedcommodity, with error in net quantity as maybe prescribed shall be punished with finewhich shall not be less than ten thousandrupees but which may extend to fifty thousandrupees and for the second and subsequentoffence, with fine which may extend to onelakh rupees or with imprisonment for a termwhich may extend to one year or with both.

37. Penalty fo contravention by Governmentapproved Test Centre.— (1) Where anyGovernment approved Test Centrecontravenes any of the provisions of this Actor the rules made thereunder, or theconditions of the licence, it shall be punishedwith fine which may extend to one lakhrupees.

(2) Where any owner or employee of aGovernment Approved Test Centreperforming duties in accordance with theprovisions of this Act or the rules madethereunder, wilfully verifies or stamps anyweight or measure in contravention of theprovisions of this Act or the rules made



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thereunder, he shall, for every suchcontravention, be punishable withimprisonment for a term which may extendto one year or with fine which may extend toten thousand rupees or with both.

38. Penalty for non-registration by importerof weight or measure.— Whoever imports anyweight or measure without being registeredunder this Act shall be punished with finewhich may extend to twenty-five thousandrupees and for the second or subsequentoffence, with imprisonment for a term whichmay extend to six months, or with fine, or withboth.

39. Penalty for import of non-standardweight or measure.— Whoever imports anynon-standard weight or measure shall bepunished with fine, which may extend to fiftythousand rupees and for the second orsubsequent offence, with imprisonment for aterm which may extend to one year and alsowith fine.

40. Penalty for obstructing Director,Controller or legal metrology officers.—Whoever obstructs the Director, the Controlleror any legal metrology officer with intent toprevent or deter the Director or the Controlleror any legal metrology officer from exercisinghis powers or discharging his functions, or inconsequence of anything done or attemptedto be done by the Director or the Controller orany legal metrology officer in the lawfulexercise of his powers or discharge of hisfunctions as such, or whoever obstructs theentry of the Director or the Controller or anylegal metrology officer into any premises forinspection and verification of any weight ormeasure or any document or record relatingthereto or the net contents of any packagedcommodity or for any other purpose shall bepunished with imprisonment for a term whichmay extend to two years and for the secondor subsequent offence, with imprisonment fora term which may extend to five years.

41. Penalty for giving false information orfalse return.— (1) Whoever gives any

information to the Director, the Controller orany legal metrology officer, which he mayrequire or ask for in the course of his duty, andwhich such person either knows or has reasonto believe to be false, shall be punished withfine which may extend to five thousand rupeesand for the second or subsequent offencewith imprisonment for a term which mayextend to six months and also with fine.

(2) Whoever, being required by or underthis Act so to do, submits a return or maintainsany record or register which is false in materialparticulars, shall be punished with fine whichmay extend to five thousand rupees and forthe second or subsequent offence, withimprisonment for a term which may extendto one year and also with fine.

42. Vexatious search.— The Director, theController or any legal metrology officer,exercising powers under this Act or anyrule made thereunder, who knows that thereare no reasonable grounds for so doing, andyet—

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

(b) searches any person; or

(c) seizes any weight, measure or othermovable property;

shall, for every such offence, be punished withimprisonment for a term which may extendto one year, or with fine which may extend toten thousand rupees or with both.

43. Penalty for verification in contraventionof Act and rules.— Where the Controller orany legal metrology officer exercising powersunder this Act or any rule made thereunder,wilfully verifies or stamps any weight ormeasure, in contravention of the provisions ofthis Act or of any rule made thereunder, heshall, for every such offence, be punished withimprisonment for a term which may extendto one year, or with fine which may extendto ten thousand rupees or with both.


574

44. Penalty for counterfeiting of seals, etc.—(1) Whoever—

(i) counterfeits any seal specified by orunder this Act or the rules madethereunder, or

(ii) sells or otherwise disposes of anycounterfeit seal, or

(iii) possesses any counterfeit seal, or

(iv) counterfeits or removes or tamperswith any stamp, specified by or under thisAct or rules made thereunder, or

(v) affixes the stamp so removed on, orinserts the same into, any other weight ormeasure,

shall be punished with imprisonment for aterm which shall not be less than six monthsbut which may extend to one year and forthe second or subsequent offence, withimprisonment for a term which shall not beless than six months but which may extendto five years.

Explanation.— In this sub--section, “counterfeit” shall havethe meaning assigned to it in section28 of the Indian Penal Code.

(2) Whoever obtains, by unlawful means,any seal specified by or under this Act or therules made thereunder and uses, or causes tobe used, any such seal for making any stampon any weight or measure with a view torepresenting that the stamp made by suchseal is authorised by or under this Act or therules made thereunder shall be punished withimprisonment for a term which shall not beless than six months but which may extend toone year and for the second or subsequentoffence, with imprisonment for a term whichshall not be less than six months but whichmay extend to five years.

(3) Whoever, being in lawful possession ofa seal specified by or under this Act or the

rules made thereunder, uses, or causes to beused, such seal without any lawful authorityfor such use, shall be punished withimprisonment for a term which shall not beless than six months but which may extend toone year and for the second or subsequentoffence, with imprisonment for a term whichshall not be less than six months but whichmay extend to five years.

(4) Whoever sells or offers or exposes for saleor otherwise disposes of any weight ormeasure which, he knows or has reason tobelieve, bears thereon a counterfeit stamp,shall be punished with imprisonment for aterm which shall not be less than six monthsbut which may extend to one year and forthe second or subsequent offence, withimprisonment for a term which shall not beless than six months but which may extend tofive years.

45. Penalty for manufacture of weight andmeasure without licence.— Whoever, beingrequired to obtain a licence under this Act orthe rules made thereunder, manufactures,without being in possession of a valid licence,any weight or measure, shall be punishedwith fine which may extend to twentythousand rupees and for the second orsubsequent offence, with imprisonment for aterm which may extend to one year, or withfine, or with both.

46. Penalty for repair, sale etc., of weight andmeasure without licence.— Whoever beingrequired to obtain a licence under this Act orthe rules made thereunder repairs or sells oroffers, exposes or possesses for repair or sale,any weight or measure, without being inpossession of a valid licence, shall be punishedwith fine which may extend to five thousandrupees and for the second or subsequentoffence, with imprisonment for a term whichmay extend to one year, or with fine, or withboth.

47. Penalty for tampering with licence.—Whoever alters or otherwise tampers, withany licence issued or renewed under this Act

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or rules made thereunder, otherwise than inaccordance with any authorisation made bythe Controller in this behalf, shall be punishedwith fine which may extend to twentythousand rupees, or with imprisonment for aterm which may extend to one year or withboth.

48. Compounding of offences.— (1) Anyoffence punishable under section 25, sections27 to 39, sections 45 to 47, or any rule madeunder sub-section (3) of section 52 may, eitherbefore or after the institution of theprosecution, be compounded, on payment forcredit to the Government of such sum as maybe prescribed.

(2) The Director or legal metrology officeras may be specially authorised by him in thisbehalf, may compound offences punishableunder section 25, sections 27 to 39, or anyrule made under sub-section (3) of section 52.

(3) The Controller or legal metrology officerspecially authorised by him, may compoundoffences punishable under section 25, sections27 to 31, sections 33 to 37, sections 45 to 47,and any rule made under sub-section (3) ofsection 52:

Provided that such sum shall not, in anycase, exceed the maximum amount of the fine,which may be imposed under this Act for theoffence so compounded.

(4) Nothing in sub-section (1) shall apply toperson who commits the same or similaroffence, within a period of three years fromthe date on which the first offence, committedby him, was compounded.

Explanation.— For the purposes of thissub-section, any second or subsequentoffence committed after the expiry of a periodof three years from the date on which theoffence was previously compounded, shall bedeemed to be a first offence.

(5) Where an offence has been compoundedunder sub-section (1), no proceeding or

further proceeding, as the case may be, shallbe taken against the offender in respect of theoffence so compounded.

(6) No offence under this Act shall becompounded except as provided by thissection.

49. Offences by companies and power ofcourt to publish name, place of business, etc.,for companies convicted.— (1) Where anoffence under this Act has been committedby a company,—

(a) (i) the person, if any, who has beennominated under sub-section (2) to be incharge of, and responsible to, the companyfor the conduct of the business of thecompany (hereinafter in this sectionreferred to as a person responsible); or

(ii) where no person has been nominated,every person who at the time the offencewas committed was in charge of, and wasresponsible to, the company for the conductof the business of the company; and

(b) the company,

shall be deemed to be guilty of the offence andshall be liable to be proceeded against andpunished accordingly:

Provided that nothing contained in thissub-section shall render any such personliable to any punishment provided in this Actif he proves that the offence was committedwithout his knowledge and that he exercisedall due diligence to prevent the commissionof such offence.

(2) Any company may, by order in writing,authorise any of its directors to exercise allsuch powers and take all such steps as maybe necessary or expedient to prevent thecommission by the company of any offenceunder this Act and may give notice to theDirector or the concerned Controller or anylegal metrology officer authorised in this behalfby such Controller (hereinafter in this section


576

referred to as the authorised officer) in suchform and in such manner as may beprescribed, that it has nominated such directoras the person responsible, along with thewritten consent of such director for being sonominated.

Explanation.— Where a company hasdifferent establishments or branches ordifferent units in any establishment or branch,different persons may be nominated underthis sub-section in relation to differentestablishments or branches or units and theperson nominated in relation to anyestablishment, branch or unit shall be deemedto be the person responsible in respect ofsuch establishment, branch or unit.

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

(i) further notice cancelling suchnomination is received from the companyby the Director or the concerned Controlleror the authorised officer; or

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

(iii) he makes a request in writing to theDirector or the concerned Controller or thelegal metrology officer under intimation tothe company, to cancel the nomination,which request shall be complied with bythe Director or the concerned Controller orthe legal metrology officer,

whichever is the earliest, continue to be theperson responsible:

Provided that where such person ceases tobe a director of the company, he shall intimatethe fact of such cessation to the Director orthe concerned Controller or the authorisedofficer:

Provided further that where such personmakes a request under clause (iii) the Directoror the concerned Controller or the authorisedofficer shall not cancel such nomination witheffect from a date earlier than the date onwhich the request is made.

(4) Notwithstanding anything contained inthe foregoing sub-sections, where an offenceunder this Act has been committed by acompany and it is proved that the offence hasbeen committed with the consent orconnivance of, or is attributable to the neglecton the part of, any director, manager, secretaryor other officer, not being a person nominatedunder sub-section (2), such director, manager,secretary or other officer shall also be deemedto be guilty of that offence and shall be liableto be proceeded against and punishedaccordingly.

(5) Where any company is convicted underthis Act for contravention of any of theprovisions thereof, it shall be competent forthe court convicting the company to cause thename and place of business of the company,nature of the contravention, the fact that thecompany has been so convicted and suchother particulars as the court may considerto be appropriate in the circumstances of thecase, to be published at the expense of thecompany in such newspaper or in such othermanner as the court may direct.

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

(7) The expenses of any publication undersub-section (5) shall be recoverable from thecompany as if it were a fine imposed by thecourt.

Explanation.— For the purposes of thissection,—

(a) “company” means any bodycorporate and includes a firm or otherassociation of individuals; and

(b) “director”, in relation to a firm, meansa partner in the firm but excludesnominated directors, honorary directors,Government nominated directors.



577

50. Appeals.— (1) Subject to the provisionsof sub-section (2), an appeal shall lie,—

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

(b) from every decision or order made bythe Director of Legal Metrology undersections 15 to 20, section 22, section 25,sections 27 to 39, section 41 or any rulemade under sub-section (3) of section 52,to the Central Government or any officerspecially authorised in this behalf by thatGovernment;

(c) from every decision given by theController of Legal Metrology underdelegated powers of Director LegalMetrology to the Central Government;

(d) from every decision given or ordermade under sections 15 to 18, sections 23to 25, sections 27 to 37, sections 45 to 47 orany rule made under sub-section (3) ofsection 52 by any legal metrology officerappointed under section 14, to theController; and

(e) from every decision given or ordermade by the Controller under sections 15to 18, sections 23 to 25, sections 27 to 37,sections 45 to 47 or any rule made undersub-section (3) of section 52 not being anorder made in appeal under clause (d),to the State Government or any officerspecially authorised in this behalf by thatGovernment.

(2) Every such appeal shall be preferredwithin sixty days from the date on which theimpugned order was made:

Provided that the appellate authority may,if it is satisfied that the appellant wasprevented by sufficient cause from preferringthe appeal within the said period of sixty days,

permit the appellant to prefer the appealwithin a further period of sixty days.

(3) On receipt of any such appeal, theappellate authority shall, after giving theparties to the appeal, a reasonableopportunity of being heard and after makingsuch inquiry as it deems proper, make suchorder, as it may think fit, confirming, modifyingor reversing the decision or order appealedagainst or may send back the case with suchdirection as it may think fit for a fresh decisionor order after taking additional evidence, ifnecessary.

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

(5) The Central Government or the StateGovernment, as the case may be, may on itsown motion or otherwise, call for and examinethe record of any proceeding including aproceeding in appeal in which any decisionor order has been made, for the purpose ofsatisfying itself as to the correctness, legalityor propriety of such decision or order andmay pass such orders thereon as it may thinkfit:

Provided that no decision or order shall bevaried under this sub-section so as toprejudicially affect any person unless suchperson has been given a reasonableopportunity of showing cause against theproposed action.

51. Provisions of India Penal Codeand Code of Criminal Procedure notto apply.— The provisions of theIndian Penal Code and section 153of the Code of Criminal Procedure,1973 in so far as such provisionsrelate to offences with regard toweight or measure, shall not applyto any offence which is punishableunder this Act.

52. Power of the Central Government tomake rules.— (1) The Central Governmentmay, by notification, make rules for carryingout the provisions of this Act.

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(2) In particular, and without prejudiceto the generality of the foregoing power,such rules may provide for all or any of thefollowing matters, namely:—

(a) the specification of the base units ofmeasures and base unit of mass undersub-section (2) of section 5;

(b) the manner of preparation of objectsand equipments under sub-section (3) ofsection 7;

(c) physical characteristics, con-figuration, constructional details, materials,equipment, performance, tolerances, periodof re-verification, methods or procedures oftests under sub-section (4) of section 7;

(d) reference standards, secondarystandards and working standards ofweights and measures under sub-section(1) of section 9;

(e) reference standards, secondarystandards and working standards shallbe verified and stamped and the fee undersub-section (2) of section 9;

(f) the weight or measure or number inwhich any transaction, dealing, or contractin respect of any goods, class of goods orundertakings shall be made under section10;

(g) the qualifications of the Director andlegal metrology officers under sub-section(2) of section 13;

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

(i) the manner of disposal of goods undersub-section (3) of section 15;

(j) the standard quantities or number andthe manner in which the packages shall bearthe declarations and the particulars undersub-section (1) of section 18;

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

(l) the management and control of theInstitute, the teaching staff and otheremployees, the courses and curricula fortraining thereat, the qualifications, which aperson shall possess in order to be eligiblefor admission thereto under sub-section (2)of section 21;

(m) the manner, fee and authority forapproval of models under section 22;

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

(o) the manner in which, terms andconditions on which and fee on paymentwhich the Central Government shall notifythe Government approved Test Centreunder sub-section (3) of section 24;

(p) the qualifications and experience ofpersons appointed or engaged and thefee and terms and conditions on whichGovernment approved Test Centre shallverify the weight or measure undersub-section (4) of section 24;

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

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

(s) form and manner in which notice tothe Director or the Controller or any otherofficer authorised by him shall be givenunder sub-section (2) of section 49.

(3) In making any rule under this section,the Central Government may provide that abreach thereof shall be punishable with finewhich may extend to five thousand rupees.

(4) Every rule made by the CentralGovernment under this Act shall be laid, assoon as may be after it is made, before eachHouse of Parliament, while it is in session, for



579

a total period of thirty days which may becomprised in one session or in two or moresuccessive sessions, and if, before the expiryof the session immediately following thesession or the successive sessions aforesaid,both Houses agree in making any modificationin the rule or both Houses agree that the ruleshould not be made, the rule shall thereafterhave effect only in such modified form or be ofno effect, as the case may be; so, however, thatany such modification or annulment shall bewithout prejudice to the validity of anythingpreviously done under that rule.

53. Power of State Government to makerules.— (1) The State Government may, bynotification, and after consultation with theCentral Government, make rules to carry outthe provisions of this Act.

(2) In particular and without prejudice tothe generality of the foregoing power, suchrules may provide for all or any of the followingmatters, namely:—

(a) the time within which the weight ormeasure may be got verified under provisoto sub-section (1) of section 16;

(b) registers and records to be maintainedby persons referred to under sub-section (1)of section 17;

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

(d) fee for verification and stamping ofany weight or measure under sub-section(1) of section 24;

(e) manner of notifying Governmentapproved Test Centre, terms and conditionsand fee to be paid under sub-section (3) ofsection 24;

(f) fee for compounding of offences undersub-section (1) of section 48.

(3) In making any rule under this section,the State Government may provide that a

breach thereof shall be punishable with finewhich may extend to five thousand rupees.

(4) The power to make rules under thissection shall be subject to the condition ofthe rules being made after previouspublication in Official Gazette.

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

54. Delegation of Powers.— (1) The CentralGovernment may, in consultation with theState Government and by notification, directthat any power exercisable by it under thisAct or any rule made thereunder, not being apower conferred by section 50 relating toappeal or section 52 relating to power to makerules, in relation to such matters and subjectto such conditions as may be specified, maybe exercised also by such officer subordinateto it as may be specified in the notification.

(2) Subject to any general or specialdirection or condition imposed by the StateGovernment, any person authorised by theCentral Government to exercise any powersmay exercise those powers in the samemanner and to the same extent as if they hadbeen conferred on that person directly by thisAct and not by way of delegation.

55. Act not to apply in certain cases.— Theprovisions of this Act, in so far as they relateto verification and stamping of weights andmeasures, shall not apply to any weight ormeasure,—

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

(b) used for scientific investigation or forresearch;

(c) manufactured exclusively for export.


580

56. Existing Director, Controller and legalmetrology officer not to be affected by the newqualification to be prescribed.— (1) EveryDirector, Controller and legal metrology officerappointed immediately before thecommencement of the rules made under thisAct, shall be deemed to have been appointedunder sub-section (1) of sections 13 and 14,notwithstanding any rule prescribing differentqualifications.

(2) The rules made by a StateGovernment under the Standardsof Weights and Measures(Enforcement) Act, 1985 which arein force immediately before thecommencement of this Act shallremain in force until the StateGovernment, makes rules in thatbehalf.

57. Repeal of the Standards ofWeights and Measures Act, 1976and Standards of Weights andMeasures (Enforcement) Act,1985 .— (1) The Standards ofWeights and Measures Act, 1976and the Standards of Weights andMeasures (Enforcement) Act, 1985,is hereby repealed.

(2) Without prejudice to theprovisions contained in the GeneralClauses Act, 1897, with respect torepeals, any notification, rule ororder made under the Standards ofWeights and Measures Act, 1976and the Standards of Weights andMeasures (Enforcement) Act, 1985,shall, if in force, at thecommencement of this Act,continue to be in force and haveeffect as if it was made under thecorresponding provision of this Act.

(3) Notwithstanding such repeal, anyappointment, notification, rule, order,registration, licence, certificate, notice,decision, approval, authorisation or consentmade, issued or given under such law shall, ifin force at the commencement of this Act,continue to be in force and have effect as ifit were made, issued or given under thecorresponding provisions of this Act.

Law (Establishment) DivisionGoa State Legal Services Authority

____

Notification

GSLSA/GOA/Notification-1/2011

In exercise of the powers conferred underthe provisions of Section 29(A) of the LegalServices Authorities Act, 1987 and inconsultation with the Hon’ble the Chief Justiceof Bombay High Court, the State LegalServices Authority hereby inserts Regulation22 (1) to (5) after Regulation 21 and deleteRegulation 13.

Rule 22. Honorarium to be paid to thePresiding Officer, the Members of the LokAdalat and Members of Counseling andConciliation Centres.

(1) The Presiding Officers of the Lok Adalatsheld at Taluka and District levels shall beentitled to honorarium at flat rate of Rs. 500/-per day, irrespective of the decided cases.

(2) The Presiding Officer for the Lok Adalatsheld at High Court level shall also be entitledto honorarium at flat rate of Rs. 750/- per day,irrespective of decided cases.

(3) Every member of penal of Lok Adalatsheld at Taluka, District and High Court levelsshall also be entitled to honorarium at flatrate of Rs. 500/- per sitting, irrespective ofdecided cases.

(4) Every member of permanent LokAdalats established at District level shall alsobe entitled to honorarium at flat rate of Rs.400/- per sitting, irrespective of decided cases.

(5) Every member of counseling andconciliation centre established under theprovisions of Legal Services Authorities Act,1987 shall be entitled to honorarium at flatrate of Rs. 400/- per sitting irrespective ofsettled cases.

By order and in the name of the Hon’blethe Chief Justice, High Court ofBombay and Patron-in-Chief of the GoaState Legal Services Authority.

B. P. Deshpande, Member Secretary (GoaState Legal Services Authority).

Panaji, 16th June, 2011.

54 of 1985.

60 of 1976.

54 of 1985.

10 of 1897.

60 of 1976.

54 of 1985.



581

Department of Personnel___

Notification

1/4/81-PER(Vol. III)

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India,read with section 21 of the General Clauses Act, 1897 (Central Act 10 of 1897), the Governor ofGoa hereby amends the Government of Goa, Goa Dental College and Hospital, Group ‘A’,Non-Ministerial, Gazetted post, Recruitment Rules, 2010, published vide NotificationNo. 1/4/81-PER (Vol. III) dated 29-03-2010, in the Official Gazette, Series I No. 3 dated15-04-2010, as follows, namely:—

1. Short title and commencement.— (1) These rules may be called the Governmentof Goa, Goa Dental College and Hospital, Group ‘A’, Non-Ministerial, Gazetted post, RecruitmentRules, 2010.

(2) They shall be deemed to have come into force on the 29th day of March, 2010.

2. Amendment of Schedule.— In the Schedule appended to the Government of Goa, GoaDental College and Hospital, Group ‘A’, Non-Ministerial, Gazetted post, Recruitment Rules,2010, in column (4), for words and figures “Rs. 15600-34800+Grade Pay Rs. 5400”, the wordsand figures “Rs. 15600-39100+Grade Pay Rs. 5400”, shall be substituted.


Yetindra M. Maralkar, Joint Secretary (Personnel).

Porvorim, 13th September, 2011.——— ———

Department of Revenue___

Order

35/9/2009-RD(6222)

In exercise of the powers conferred by clause (a) of sub-section (1) of section 9 of the IndianStamp Act, 1899 (Central Act 2 of 1899) (hereinafter referred to as the “said Act”) the Governmentof Goa hereby remits the stamp duty chargeable under the said Act on instrument of Deed ofSale executed by any Educational Institution as specified in column (2) of Table herein--below towards the purchase of flat or building and/or plot of land for the purpose ofconstruction of a building thereof exclusively for the use of such educational institution, subjectto the condition that every such Educational Institution obtains a certificate from the Authorityas specified in corresponding entry in column (3) of Table hereinbelow, certifying that suchEducational Institution has been established after obtaining permission/registration as requiredunder the law as also from the Government and it is imparting Education and exist on the dateof issue of such certificate.

Table

Sr. No. Educational Institution Authority Competent to grant Certificate

1 2 3

1. Educational institution imparting medical Secretary, Government of Goa Public Health

education including Allopathic, Ayurveda, Department.


582

Homoepathy and Unani and having affiliation

with Goa University.

2. Educational Institution imparting education,

other than medical education, upto graduation

and post graduation level and affiliated to the Goa

University.

3. Educational Institution imparting Technical

Education upto graduation and post gra-

duation level and affiliated to the Goa Univer-

sity and also imparting diploma courses,

affiliated to Board of Technical Education,

Porvorim-Goa.

4. Secondary and Higher Secondary Educational

Institution affiliated to the Goa Board of

Secondary and Higher Secondary Education.

The Educational Institution which has availed the benefit of remission of stamp duty byvirtue of this order shall use the flat/building/land only for educational purpose, failing which,the Educational Institution shall be liable to pay the remitted stamp duty forthwith. This Ordershall come into force from the date of its publication in the Official Gazette.

This issues in supersession of Government Order No. 7/2/82-FIN(R&C) dated 3-3-1983,published in the Official Gazette, Series II No. 50, dated 10-3-1983 and with the concurrence ofFinance (R&C) Department vide U. O. No. 1417451-F dated 14-7-2011.


Pandharinath N. Naik, Under Secretary (Revenue-I).


——— ———

Department of Social WelfareGoa Human Rights Commission

___

Notification

1/2011

Goa Human Rights Commission(Procedure) Regulations, 2011

In exercise of the powers conferred by sub-section (2) of Section 10 read with Section 29 ofthe Protection of Human Rights Act,1993 (Central Act 10 of 1994) the Goa Human RightsCommission hereby makes the following Regulations, namely:—

1. Short title and commencement.— (1) These Regulations may be called the Goa HumanRights Commission (Procedure) Regulations, 2011.

(2) They shall come into force with immediate effect.

Director of Higher Education, Government

of Goa.

Director of Technical Education, Government

of Goa.

Director of Education, Government of Goa.



583

CHAPTER - I

2. Definitions.— (1) In these, Regulationsunless the context otherwise requires,—

(a) “Act” means the Protection ofHuman Rights Act, 1993 (Central Act 10 of1994);

(b) “Code” means the Code of CivilProcedure, 1908 (Central Act 5 of 1908);

(c) “Commission” means the Goa HumanRights Commission.

(d) “Complaint” means all petitions or

communications received in the

Commission from a victim or any other

person on his behalf, in person, by post, by

telegram or by any other means whatsoever,

alleging violation or abetment thereof or

negligence in the prevention of such

violation, by a public servant, of all or any

of the human rights;

(e) “Single Bench” means a Bench

consisting of the Chairperson or a Member

of the Commission as constituted by the

Chairperson.

(f) “Division Bench” means a Bench

consisting of the Chairperson and member

or two members of the Commission as

constituted by Chairperson;

(g) “Full Bench” means a Benchconsisting of the Chairperson and both themembers of the Commission.

(h) “Regulation” means Regulationsframed by the Commission under Section(2) of Section 10 read with Section 29 ofthe Act;

(i) “Secretary” means Secretary of theCommission;

(2) Words and expressions not defined inthese Regulations shall, to the extent definedin the Act, have the same meaning as assignedto them therein.

3. Head Quarters of the Commission.— TheHead Quarters of the Commission shall beat Panaji-Goa.

4. Venue of the meetings.— The Commissionshall ordinarily hold its meetings and sittingsin its office located at Panaji. However, it may,in the discretion of the Chairperson, hold itssittings at any other place in Goa, if it considersthe same necessary and expedient.

5. Periodicity of meetings.— Except duringthe vacations, the Commission shall normallyhave its regular sittings on all working daysin the 2nd and 4th week of every month.However, the Chairperson either suo-motu orat the instance of one or more members, maydirect a special sitting of the Commission tobe convened to consider any specific matterof urgency.

6. Secretarial Assistance.— The Secretary,alongwith such other officers of theCommission, as may be directed by theChairperson, shall attend the meetings andsittings of the Commission.

7. Agenda.— The Secretary shall, inconsultation with the Chairperson prepare theagenda for each meeting of the Commissionand shall cause note thereon to be preparedby the Secretariat. Such notes shall, as far aspossible be self–contained. Specific filesrelated to the agenda items shall be madeavailable to the Commission for reference. Theagenda papers shall ordinarily be circulatedto the Chairperson and Members at least twoclear days prior to every meeting. Whenmatters are set down only for hearing, causelist of the day of sitting shall be prepared andcirculated. The Commission may however,take up any matter for deliberation//consideration, which is not included in theagenda or in the cause list.

CHAPTER – II

Procedure for dealing with complaints orsuo-motu action

8. Procedure for dealing with Complaints.—(1) Complaints may be made to the


584

Commission in Konkani, Marathi, Hindi orEnglish. However, the Commission mayentertain complaints in other languages in itsdiscretion.

(2) No fee shall be chargeable on suchcomplaints.

(3) The complaint should disclose all factsrelevant to the matter complained against. TheCommission may, if necessary, call for furtherinformation and may direct affidavits to be filedin suppor t of the allegations, wheneverconsidered necessary.

(4) The Commission, may in its discretion,entertain complaints conveyed through emailor fax, followed by confirmation by thecomplainant.

9. Complaints not ordinarily entertaina-ble.— The Commission may not entertaincomplaints,—

(a) which are vague or anonymous orpseudonymous or trivial or frivolous innature;

(b) which are pending before any otherCommission;

(c) which raise dispute of civil nature,such as property rights or contractualobligations;

(d) which relate to service matters orindustrial disputes;

(e) which are not against any publicservant;

(f) which do not make out any specificviolation of human rights;

(g) which are covered by a judicialverdict or decision of the Commission;

(h) which are outside the purview of theCommission.

10. Procedure regarding complaints.— (1)The complaints shall be entered in a Registerin seriatim and a proceeding number shall beallotted to the same.

(2) Every complaint shall be placed beforethe Commission with utmost expedition.The complaints, which require urgentconsideration, shall be placed before theCommission immediately.

(3) All complaints relating to custodial death,custodial torture, custodial rape, illegaldetention shall be normally heard by a DivisionBench of the Commission, while the cases ofother types shall be placed before a SingleBench unless otherwise directed by theChairperson keeping in view the nature of aparticular case. A Single or Division Bench,as the case may be, refer a case pendingbefore it to Division Bench or Full Benchrespectively for reasons to be recorded byit. The Chairperson may place any matterbefore a Division Bench or Full Bench in hisdiscretion.

(4) The Commission may ask the parties totender evidence on affidavits. The Commissionmay allow further examination and cross--examination of the person whose evidencehas been tendered on affidavit.

(5) If any working day is declared as aholiday by the State Government, then thecases listed for that day should be taken upon the next working day.

11. Preliminary consideration, issue ofnotice, etc.— (1) If on consideration of thecomplaint, the Commission dismisses thecomplaint in limine, the said order shall becommunicated to the complainant.

(2) If on consideration of the complaint orsuo-motu the Commission admits or takescognizance and directs issue of notice to anyauthority calling upon it to furnish informationor report, a notice shall be issued, enclosing acopy of the complaint and the order of theCommission under the signature of theSecretary/Under-Secretary.

12. Recording of orders or proceedings.—Orders of the Commission shall be recordedin the order sheet. Orders, which are lengthy,may be recorded on separate sheets andappended to the order sheet.



585

13. Summons.— (a) The Commission maydirect to issue summons in the mannerprescribed in the code to—

(i) the Complainant or any other personon his behalf to afford him a personalhearing; or

(ii) any other person who, in the opinionof the Commission, should be heard forappropriate disposal of the matter before it;or

(iii) any person to cause productionof records required by the Commission;or

(iv) any person to be examined as awitness; or

(v) any person whose conduct is inquiredinto by it; or

(vi) any person whose reputation, in theopinion of the Commission, is likely to beprejudicially affected.

(b) The case in which summons has beenissued for personal appearance of a personshall be placed before the Commission on thedate shown in the summons for such personalappearance.

14. Calling for investigation report.— (1)Whenever the Commission ordersinvestigation to be undertaken by itsInvestigation Team or by any otherinvestigating agency of the Central or StateGovernment as provided in Section 14 ofthe Act, a copy of such order alongwith copiesof the papers relevant thereto shall befurnished forthwith to such InvestigationTeam calling upon it to conduct theinvestigation and submit its report within thetime specified in the order.

15. Provision for making inquiry.— (1) TheCommission may, in its discretion, directfurther investigation in a given case if it is ofthe opinion that investigation has not beenproper or the matter, requires furtherinvestigation for ascertaining the truth orenabling it to properly dispose of the matter.

(2) The Commission on its own motion, or ifmoved in the matter, may direct inquiry to becarried by it and receive evidence in courseof such inquiry.

16. The Commission or any of its memberswhen requested by the Chairperson mayundertake visits for an on the spot study andwhere such study is undertaken by one ormore members, a report thereon shall befurnished to the Commission as early aspossible.

17. Communication of Recommendations.—

When the Commission, upon completion of the

inquiry, makes any recommendation, a copy

of the report alongwith a copy of the

recommendation, shall be sent to the

concerned authority calling upon it to furnish

its comments on the report including the

action taken or proposed to be taken, within a

period of one month from the date of receipt

of order or recommendations made by the

Commission or within such time as the

Commission may allow.

18. Steps after calling for comments.— (1) If

no comments are received within the time

allowed under Regulation 17, the case shall

be placed before the Commission forthwith for

further direction.

(2) If comments are received, the case shall

be placed by the Secretary/Under-Secretary

before the Commission with a brief

note containing the following particulars,

namely:—

(i) Whether the recommendation is

accepted by the Government or the

concerned authority; if so, whether in full

or in part;

(ii) The action, if any, taken or proposedto be taken by the Government or itsconcerned authority;

(iii) The reasons, if any, given for notaccepting the recommendation; and


586

(iv) The action that may be takenpursuant to the comments received.

(3) On consideration of the comments

received alongwith note referred to in clause

(2), the Commission may pass such order, as

it deems just and proper.

19. Mode of Communication.— Unlessotherwise directed, all communicationsfrom the Commission shall be sent by ordinarypost.

20. Review.— If any application seekingmodification or review of the order orproceedings passed by the Commission isreceived, the same shall be placed before thesame Bench which made the order, alongwiththe case file and a brief note on the points madeout in such application and the same shall bedisposed of by such order as may be deemedproper by such Bench.

21. Procedure regarding suo-motu action.—The procedure contained in this Chapter shallmutatis mutandis apply to suo-motu actiontaken by the Commission.

22. Preparation of Statements .— TheSecretary shall cause to prepare such weekly,monthly, quarterly, half-yearly statements orreturns or reports in such form as may beprescribed by the Commission or Chairpersonfrom time to time.

CHAPTER – III

Miscellaneous

23. Minutes of the Meeting.— (1) Theminutes of each meeting of the Commissionshall be recorded during the meeting itself orimmediately thereafter by the Secretary or byany other officer as directed. Such minutesshall be submitted to the Chairperson for hisapproval and upon approval, be circulated toall the Members of the Commission at theearliest and in any case, before thecommencement of the next meeting.

(2) The conclusions of the Commission inevery matter shall be recorded in the form of

an opinion. Dissenting opinions, if any, shallalso form part of the record and be kept onrecord. Action shall be taken on the basis ofthe majority opinion if there is any differencein opinions.

24. Record of Minutes.— A master copy ofthe minutes of every meeting and decisionsof the Commission shall be maintained in aProceedings Book, duly authenticated by theSecretary, and a copy of the minutespertaining to each item shall be added to therelevant file for appropriate action, andauthenticated copies thereof shall be kept inthe respective Division and for convenience,copies thereof with appropriate indexing shallbe kept in guard files.

25. Report of action taken.— Report offollow up action shall be submitted to theCommission at every subsequent sitting,indicating therein the present stage of actionon each item on which the Commission hadtaken decision in any of its earlier meetings,excepting the items on which no further actionis called for.

26. Authentication of orders anddecisions.— (1) Orders and decisions of theCommission shall be authenticated by theSecretary or any officer of the Commissionas authorized by the Chairperson, whoshall be not below the rank of an Under--Secretary.

(2) Copies of enquiry reports or orderspassed finally disposing of matters by theCommission shall be furnished free of costto the Complainant/Petitioner or hisrepresentatives.

(3) Unless any document is classified by theCommission as confidential, copy thereof shallbe made available to the parties in the matteron demand, on payment of cost as prescribedby the Commission from time to time unlessthe Commission decides otherwise. Everyeffort should be made to provide thecopies with utmost expedition and in anycase, not later than two weeks of the date ofrequest.



587

27. Annual Report.— The Commission shallfurnish its Annual Report for the periodcommencing from 1st April of the year to 31stMarch of the succeeding year to the StateGovernment as provided in sub-section (1) ofSection 20 of the Act. The original report shallbe signed by the Chairperson and Membersof the Commission and appropriatelypreserved and a duly authenticate copy shallbe sent to the Government by end of June ofevery year.

28. Special Reports.— The Commission mayfurnish such Special Reports on specificmatter as may be considered necessary interms of sub-section (1) of Section 20 of theAct.

29. Printing of the Reports.— The Secretariatof the Commission shall be responsible for theprinting of the Annual Report and SpecialReports with utmost expedition and in anycase not later than three months of finalizationof the same.

30. Investigation Team.— The Commissionshall have its own team of investigation to beheaded by a person not below the rank of an

Inspector General of Police and such team ofofficers as the Commission from time to timedecides. The Commission may, in its discretionappoint adequate number of outsiders to beassociated with the Investigation Team eitheras Investigators or Observers.

31. Power to remove difficulties.— If anydifficulty arises in giving effect to theprovisions of the Act or these Regulations, theChairperson, by order, as occasion requires,do anything (not inconsistent with theprovisions of the Act and these Regulations)which appears to him to be necessary forthe purpose of removing the difficulty.

32. Amendments and Additions.— It shallbe competent for the Commission to add,delete and amend these Regulations fromtime to time and to issue appropriatedirections or orders on any matter not coveredby these Regulations.

Justice P. K. Mishra, — Chairman.

A. D. Salkar, — Member.

J. A. Keny, — Member.

Panaji, 16th September, 2011.

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