panaji, 3rd may, 2012 (vaisakha 13, 1934) series i no. 5

67

Panaji, 3rd May, 2012 (Vaisakha 13, 1934) SERIES I No. 5

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

PUBLISHED BY AUTHORITY

INDEX

Notification/Circular

Circular- 17/5/2002-HD(G)

Not.- 10/3/2012-LA/98

Not.- 10/3/2012-LA/99

Not.- 10/3/2011-LA/107Not.- 10/3/2011-LA/112

Not.- 10/3/2011-LA/115

Not.- 10/3/2011-LA/106

Not.- 10/3/2011-LA/110

Not.- 10/3/2011-LA/111Not.- 10/3/2011-LA/116Not.- 10/3/2011-LA/117

Not.- 15/7/2003-PER

Subject

Relaxation to Ex-Servicemen for residential purpose.

The Factoring Regulation Act, 2011.

The Academy of Scientific and Innovative ResearchAct, 2011.The Orissa (Alteration of Name) Act, 2011.The Jawaharlal Institute of Post-Graduate MedicalEducation and Research, Puducherry (Amendment)Act, 2011.The State Bank of India (Subsidiary Banks) AmendmentAct, 2011.The Transplantation of Human Organs (Amendment)Act, 2011.The Juvenile Justice (Care and Protection of Children)Amendment Act, 2011.The Coinage Act, 2011.The Repatriation of Prisoners (Amendment) Act, 2011.The National Capital Territory of Delhi Laws (SpecialProvisions) Act, 2011.Schedule for the Goa Departmental Examination forOfficers.

Department

1. HomeHome–General DivisionUnder Secretary

2. a. Law & JudiciaryLegal Affairs DivisionUnder Secretaryb. —do—

c. —do—d. —do—

e. —do—

f. —do—

g. —do—

h. —do—i. —do—j. —do—

3. PersonnelUnder Secretary

Pages

67

68

80

9697

98

99

106

107114115

119

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

GOVERNMENT OF GOADepartment of Home

Home–General Division___

Circular

17/5/2002-HD (G)

Attention is invited to the GovernmentCircular No. 17/5/2002-HD(G) dated 12-4-2002wherein the reservation of 2% posts in Group‘C’ and ‘D’ categories for Ex-servicemen invarious Departments/Offices was made. Thepoints at which the posts are reserved forEx-Servicemen have also been intimated tothe Departments/Offices.

As the Ex-Servicemen during their serviceare posted to different parts of the country, the

Government has decided that relaxation in thematter of requirement of 15 years continuousresidence in the State can be granted on caseto case basis at the time of applying forGovernment job.

Taking into consideration the continuousresidence period of five years for the issue ofDomicile Certificate to Ex-Servicemen,Government has now decided to relax continuousresidence period of 15 years to 5 years only foremployment purpose. However, preference inemployment may be given to Ex-Servicemen ofGoan origin and those who are having 15 yearscontinuous residence period in the State.

By order and in the name of the Governorof Goa.

Sneha S. Morajkar, Under Secretary (Home).

Porvorim, 20th April, 2012.

OFFICIAL GAZETTE — GOVT. OF GOASERIES I No. 5 3RD MAY, 2012

68

Notification

10/3/2012-LA/98

The Factoring Regulation Act, 2011(Central Act No. 12 of 2012), which has beenpassed by the Parliament and assented to bythe President of India on 22-01-2012 andpublished in the Gazette of India,Extraordinary, Part II, Section I dated23-01-2012, is hereby published for thegeneral information of the public.

Julio Barbosa Noronha, Under Secretary(Law).

Porvorim, 16th April, 2012._________

THE FACTORING REGULATIONACT, 2011

Arrangement of Sections_______

CHAPTER I

Preliminary

Sections

1. Short title, extent and commencement.2. Definitions.

CHAPTER II

Registration of Factors

3. Registration of factors.4. Provisions of non-banking financial

companies apply to factor.5. Requirement for registration as a factor not to

apply to bank or Statutory corporation orGovernment Company.

6. Powers of Reserve Bank to give directions andto collect information from factors.

CHAPTER III

Assignment of Receivables

7. Assignment of receivables.

8. Notice to debtor and discharge of obligationof such debtor.

9. Discharge of liability of debtor on payment toassignee.

Sections10. Payment made by debtor to assignor to be

held in trust for benefit of assignee in certaincases.

CHAPTER IV

Rights and Obligations of Parties to Contract forAssignment of Receivables

11. Rights and obligations of parties to contractfor assignment of receivables.

12. Liability of debtor.13. Assignor to be trustee of assignee.14. Liability of debtor in case of an assignor being

micro or small enterprises.15. Principle of debtor protection.16. Defences and right of set off of debtor.17. Modification of original contract.18. Breach of contract.

CHAPTER V

Registration of assignments

19. Registration of certain assignments ofreceivables transactions.

20. Public inspection.

CHAPTER VI

Offences and Penalties

21. Penalties.22. Penalties for non-compliance of direction of

Reserve Bank.23. Offences.24. Cognizance of offences.

25. Offences by factors.

CHAPTER VII

Miscellaneous

26. Provisions of this Act to override other laws.27. Application of other laws not barred.28. Limitation.29. Confidentiality of information.30. Power to exempt.31. Provisions of this Act not to apply or affect in

certain cases.32. Power of Central Government to make rules.33. Laying of rules.34. Power to remove difficulties.35. Amendments to certain enactments.

THE SCHEDULE.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 5 3RD MAY, 2012

69

THE FACTORING REGULATIONACT, 2011

AN

ACT

to provide for and regulate assignment ofreceivables by making provision forregistration therefor and rights andobligations of parties to contract forassignment of receivables and for mattersconnected therewith or incidentalthereto.

Be it enacted by Parliament in the Sixty--second Year of the Republic of India asfollows:—

CHAPTER I

Preliminary

1. Short title, extent and commencement.—(1) This Act may be called the FactoringRegulation Act, 2011.

(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:

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. Definition.— In this Act, unless thecontext otherwise requires,—

(a) “assignment” means transfer byagreement, of undivided interest of anyassignor in any receivable due from anydebtor in favour of a factor and includesan assignment where either the assignoror the debtor, are situated or establishedoutside India.

Explanation.— For the purposes of thisclause, undivided interest of any assignorin any receivable shall not include creationof rights in receivables as security for loansand advances or other obligations by a bankor a financial institution;

(b) “assignee” means a factor in whosefavour the receivable is transferred;

(c) “assignor” means any person who isthe owner of any receivable;

(d) “bank” means,—

(i) a banking company;

(ii) a corresponding new bank;

(iii) the State Bank of India;

(iv) a subsidiary bank;

(v) such other bank which the CentralGovernment may by notification specifyfor the purposes of this Act on therecommendations of the Reserve Bank;or

(vi) a Multi-State Co--operative Society registeredunder the Multi-State Co--operative Societies Act, 2002and licensed to undertakebusiness of banking by theReserve Bank under theprovisions of the BankingRegulation Act, 1949;

(e) “banking company” shallhave the meaning assigned to itin clause (c) of section 5 of theBanking Regulation Act, 1949;

(f) “business enterprise” meansany enterprise or mediumenterprise, micro enterprise orsmall enterprise as defined inclauses (e), (g), (h) and (m) ofsection 2 of the Micro, Small andMedium Enterprises DevelopmentAct, 2006, respectively engagedin any business activity;

(g) “corresponding new bank”shall have the meaning assignedto it in clause (da) of section 5 ofthe Banking Regulation Act, 1949;

(h) “debtor” means any person liable tothe assignor, whether under a contract or

39 of 2002.

10 of 1949.

10 of 1949.

27 of 2006.

10 of 1949.


70

otherwise, to pay any receivable ordischarge any obligation in respect of thereceivable whether existing, accruing,future, conditional or contingent;

(i) “factor” means a non--banking financial company asdefined in clause (f) of section 45-Iof the Reserve Bank of India Act,1934 which has been granted acertificate of registration undersub-section (1) of section 3 or anybody corporate established underan Act of Parliament or any StateLegislature or any Bank or anycompany registered under theCompanies Act, 1956 engaged inthe factoring business;

(j) “factoring business” means thebusiness of acquisition of receivables ofassignor by accepting assignment of suchreceivables or financing, whether by wayof making loans or advances or otherwiseagainst the security interest over anyreceivables but does not include—

(i) credit facilities provided by a bankin its ordinary course of business againstsecurity of receivables;

(ii) any activity as commission agentor otherwise for sale of agriculturalproduce or goods of any kind whatsoeveror any activity relating to the production,storage, supply, distribution, acquisitionor control of such produce or goods orprovision of any services.

Explanation.— For the purposes of thisclause—

(i) the expression “agricul-tural produce” shall have themeaning assigned to it underclause (a) of section 2 of theAgricultural Produce (Gradingand Marking)Act, 1937; and

(ii) the expressions “goods”and “commission agent” shallhave the meanings assigned tothem respectively under clause

(d) and Explanation (ii) ofclause (i) of section 2 of theForward Contracts (Regulation)Act, 1952;

(k) “financial contract” means any spot,forward, future, option or swap transactioninvolving interest rates, commodities,currencies, shares, bonds, debentures orany other financial instrument, anyrepurchase of securities and lendingtransaction or any other similar transactionor combination of such transactionsentered into in the financial markets;

(l) “netting agreement” means anyagreement among the system participantsfor the purpose of determination by thesystem provider of the amount of money orsecurities due or payable or deliverable asa result of setting off or adjusting thepayment obligations or delivery obligationsamong the system participants, includingthe claims and obligations arising out ofthe termination by the system provider, onthe insolvency or dissolution or windingup of any system participant or suchcircumstances as the system provider, mayspecify in its rules or regulations or bye--laws (by whatever name called), of thetransactions admitted for settlement at afuture date so that only a net claim bedemanded or a net obligation be owned;

(m) “notification” means a notification

published in the Official Gazette;

(n) “prescribed” means prescribed by

rules made under this Act;

(o) “property” means,—

(i) the immovable property;

(ii) the movable property;

(iii) any debt or any right to receivepayment of money, whether secured or

unsecured;

(iv) the receivables;

(v) the intangible assets, being know--how, patent, copyright, design, trademark, licence, franchise or any otherbusiness or commercial right of similarnature;

2 of 1934.

10 of 1956.

1 of 1937.

74 of 1952.



71

(p) “receivables” mean all or part of orundivided interest in any right of anyperson under a contract including aninternational contract where either theassignor or the debtor or the assignee issituated or established in a State outsideIndia; to payment of a monetary sumwhether such right is existing, future,accruing, conditional or contingent arisingfrom and includes, any arrangementrequiring payment of toll or any other sum,by whatever name called, for the use ofany infrastructure facility or services;

(q) “Reserve Bank”, means theReserve Bank of India constitutedunder section 3 of the ReserveBank of India Act, 1934;

(r) “State Bank of India” meansthe State Bank of India constitutedunder section 3 of the State Bankof India Act, 1955;

(s) “subsidiary Bank” shallhave the meaning assigned to itin clause (k) of section 2 of theState Bank of India (SubsidiaryBanks) Act, 1959;

(t) words and expressions usedand not defined in this Act butdefined in the Reserve Bank ofIndia Act, 1934, the BankingRegulation Act, 1949, theCompanies Act, 1956, theSecuritisation and Reconstructionof Financial Assets andEnforcement of Security InterestAct, 2002, the Credit InformationCompanies (Regulation) Act,2005, or the Micro, Small andMedium Enterprises DevelopmentAct, 2006, shall have themeanings respectively assigned tothem in those Acts.

CHAPTER II

Registration of Factors

3. Registration of factors.— (1) No factorshall commence or carry on the factoring

business unless it obtains a certificate ofregistration from the Reserve Bank tocommence or carry on the factoring businessunder this Act.

(2) Every factor shall make an applicationfor registration to the Reserve Bank in suchform and manner as it may specify:

Provided that a company registered as anon-banking financial company and existingon the commencement of this Act andengaged in factoring business as its principalbusiness before such commencement shallmake an application for registration as a factorto the Reserve Bank before the expiry ofthe period of six months from suchcommencement and, notwithstandinganything contained in sub-section (1), maycontinue to carry on the factoring businessuntil a certificate of registration is issued toit or rejection of application for registration iscommunicated to it.

Explanation.— For the removal of doubts itis hereby clarified that a non-banking financialcompany engaged in factoring business shallbe treated as engaged in factoring businessas its “principal business” if it fulfils thefollowing conditions, namely:—

(a) if its financial assets in the factoringbusiness are more than fifty per cent. of itstotal assets or such per cent. as may bestipulated by the Reserve Bank; and

(b) if its income from factoring businessis more than fifty per cent. of the grossincome or such per cent. as may bestipulated by the Reserve Bank.

(3) Every applicant for grant of acertificate of a registration as afactor shall comply, for the purposeof registration, with all therequirements to be fulfilled by anapplicant for grant of certificate ofregistration as non-bankingfinancial company under theReserve Bank of India Act, 1934 andall the provisions of that Act, so far

2 of 1934.

23 of 1955.

38 of 1959.

2 of 1934.

10 of 1949.

1 of 1956.

54 of 2002.

30 of 2005.

27 of 2006.

2 of 1934.


72

as they relate to the registration ofnon-banking financial companies,shall (except those provided forunder this Act) mutatis mutandisapply.

(4) In the case of existing non-bankingfinancial company the Reserve Bank mayissue a fresh certificate of registration as afactor, if the principal business of the non--banking financial company is the factoringbusiness.

(5) Save as otherwise provided inthis Act, every factor includingfactors not subject to requirementof registration under section 5, shallbe governed by the Reserve Bankof India Act, 1934, the rules andregulations made thereunder andthe directions or guidelines issuedby the Reserve Bank, from time totime.

4. Provisions of non-bankingfinancial companies apply tofactor.— All provisions of ChapterIIIB of the Reserve Bank of India Act,1934 relating to non-bankingfinancial companies which havebeen granted a certificate ofregistration under sub-section (5) ofsection 45-IA of the Reserve Bankof India Act, 1934 shall (except thosespecifically provided for under thisAct) mutatis mutandis apply to afactor which has been granted acertificate of registration undersection 3.

5. Requirement for registration asa factor not to apply to bank orStatutory corporation orGovernment company.— Nothingcontained in section 3 shall applyto a bank or any corporationestablished under an Act ofParliament or State Legislature, or aGovernment Company as definedunder section 617 of the CompaniesAct, 1956.

6. Powers of Reserve Bank to give directionsand to collect information from factors.— (1)The Reserve Bank may, at any time by generalor special order, direct that every factor shallfurnish to it, in such form, at such intervalsand within such time, such statements,information or particulars relating to factoringbusiness undertaken by the factor, as maybe specified by the Reserve Bank from timeto time.

(2) The Reserve Bank may, if it considersnecessary in the interest of businessenterprises availing factoring services or inthe interest of factors or interest of other stakeholders give directions to the factors eithergenerally or to any factor in particular orgroup of factors in respect of any mattersrelating to or connected with the factoringbusiness undertaken by such factors.

(3) If any factor fails to comply with anydirection given by the Reserve Bank undersub-section (2), the Reserve Bank mayprohibit such factor from undertaking thefactoring business:

Provided that before prohibiting any factorfrom undertaking the factoring business, thefactor shall be given a reasonable opportunityof being heard.

CHAPTER III

Assignment of Receivables

7. Assignment of receivables.— (1) Anyassignor may, by an agreement in writing,assign any receivable due and payable tohim by any debtor, to any factor, being theassignee, for a consideration as may beagreed between the assignor and theassignee and the assignor shall at the time ofsuch assignment, disclose to the assignee anydefences and right of set off that may beavailable to the debtor:

Provided that if the debtor liableto pay the receivable or the businessof factor is situated or establishedoutside India, any assignment of

2 of 1934.

2 of 1934.

1 of 1956.



73

receivable shall be subject to theprovisions of the Foreign ExchangeManagement Act, 1999.

(2) On execution of agreement in writingfor assignment of receivables, all the rights,remedies and any security interest createdover any property exclusively to secure thedue payment of receivable shall vest in theassignee and the assignee shall have anabsolute right to recover such receivable andexercise all the rights and remedies of theassignor whether by way of damages orotherwise, or whether notice of assignmentas provided in section 8 is given or not.

(3) Any assignment of receivables whichconstitute security for repayment of any loanadvanced by any Bank or other creditor andif the assignor has given notice of suchencumbrance to the assignee, then onaccepting assignment of such receivable, theassignee shall pay the consideration for suchassignment to the Bank or the creditor, asthe case may be.

8. Notice to debtor and discharge ofobligation of such debtor.— Any assignee ofa receivable shall not be entitled to demandpayment of the receivable from the debtor inrespect of such receivables unless notice ofsuch assignment is given to the debtor bythe assignor or the assignee along withexpress authority in its favour granted by theassignor.

9. Discharge of liability of debtor onpayment to assignee.— Where a notice ofassignment of receivable is given by theassignor or the assignee, as the case may be,under section 8 the debtor on receipt of suchnotice, shall make payment to the assigneeand payment made to such assignee indischarge of any obligation in relation to thereceivables specified in the notice shall fullydischarge the debtor making the payment,from corresponding liability in respect of suchpayment.

10. Payment made by debtor to assignor to

be held in trust for benefit of assignee incertain cases.— Where no notice ofassignment of receivables is given by theassignor or under his authority by theassignee, any payment made by the debtorin respect of such receivables to the assignorshall be held in trust for the benefit of theassignee which shall be forthwith be paidover to such assignee, as the case may be, orits agent duly authorised in this behalf.

CHAPTER IV

Rights and obligations of parties to contract forassignment of receivables

11. Rights and obligations of parties tocontract for assignment of receivables.—Without prejudice to the provisions containedin any other law for the time being in force,the debtor shall have the right to notice ofassignment under section 8 before anydemand is made on it by the assignee anduntil notice is served on the debtor, thedebtor shall be entitled to make payments tothe assignor in respect of assignedreceivables in accordance with the originalcontract and such payment shall fullydischarge the debtor from correspondingliability under the original contract.

Explanation.— For the removal of doubts,it is hereby clarified that nothing containedin this section shall affect the rights of debtorto make payment to the assignee undersection 9.

12. Liability of debtor.— Where a notice ofassignment as referred to in section 8 isserved, the debtor shall,—

(a) intimate the assignee the details ofthe deposits or advance or payment onaccount made to the assignor before thereceipt of notice of assignment and alsoprovide any other information to theassignee relating to the receivable as andwhen called upon by the assignee to do so;

(b) not be entitled to a valid dischargeof his liability in respect of assignedreceivables, unless he makes thepayment due on an assigned receivablesto the assignee.

42 of 1999.


74

13. Assignor to be trustee of assignee.—Notwithstanding anything to the contrarycontained in any other law for the time beingin force, where a debtor makes any paymentto an assignor which represents payment dueon an assigned receivable, such paymentshall be deemed to be for the benefit of theassignee, and the assignor shall be deemedto have received the amount of such paymentas a trustee of the assignee and the assignorshall make payment of such amount to theassignee.

14. Liability of debtor in case ofan assignor being micro or smallenterprises.— (1) If the assignor ofreceivables is a micro or smallenterprise, the liability of the debtorto make payment due on assignedreceivables shall be subject to theprovisions contained in sections 15to 17 of the Micro, Small andMedium Enterprises DevelopmentAct, 2006 with regards to thedelayed payments of thereceivables.

(2) In the event of delay inpayment on the part of the debtorto pay the receivable of any microor small enterprise, the assigneeshall be entitled to receive interestfor the delayed period and shall takesteps under the provisions of theMicro, Small and MediumEnterprises Development Act, 2006for the purpose of the recovery ofthe interest and shall pay suchinterest to the micro or smallenterprise.

15. Principle of debtor protection.— (1) Saveas otherwise provided in this Act, anyassignment of the receivable shall not,without the express consent of the debtor inwriting, affect the rights and obligations ofthe debtor (including the terms andconditions of the contract).

(2) Consequent upon the assignment ofreceivables, the payment instruction under

the contract entered into between assignorand debtor may modify the name of person,address or account to which the debtor isrequired to make payment, but suchinstructions shall not modify:—

(a) the amount of debt specified in theoriginal contract; or

(b) the place specified in the originalcontract at which payment is to be madeor in case no such place is mentioned inthe contract, the place of payment to aplace other than where the debtor issituated; or

(c) the date on which payment is to bemade or other terms of the original contractrelating to payment.

16. Defences and right of set off of debtor.—In a claim by the assignee against the debtorfor payment of the assigned receivable, thedebtor may raise against the assignee,—

(a) all defences and right of set offarising from the original contract,entered into between the assignor anddebtor or any other contract that waspart of the same transaction, of whichthe debtor could avail himself as if theassignment had not been made and suchclaim were made by the assignor insteadof assignee:

Provided that the assignee shall, unlessotherwise agreed between the parties,be entitled to recover from the assignor,any loss suffered by it as a result of anysuch defences and right of set off beingexercised by the debtor;

(b) any other right of set off if it wasavailable to the debtor at the time notice,under section 8, of the assignment wasreceived by the debtor.

17. Modification of original contract.— (1)Any agreement made before service of notice,under section 8, of the assignment of areceivable between the assignor and the

27 of 2006.

27 of 2006.



75

debtor that affects the assignee’s rights inrespect of that receivable shall be effectiveas against the assignee, and the assigneeshall acquire rights in the assignedreceivables, as modified by such agreement.

(2) Any agreement made, after notice of theassignment between the assignor and thedebtor that affects the assignee’s rights, shallbe ineffective as against the assigneeunless,—

(a) the assignee consents to it; or

(b) the receivable is not fully earned byperformance and either the modification isprovided for in the original contract or, inthe context of the original contract, areasonable assignee would consent to themodification.

(3) Nothing contained in sub-sections (1)and (2) shall affect any right of the assignoror the assignee arising from breach of anagreement between them.

18. Breach of contract.— If the assignorcommits any breach of the original contractwith the debtor, such breach shall not entitlethe debtor to recover from the assignee anysum paid by the debtor to the assignor or theassignee pursuant to the factoringtransactions:

Provided that nothing contained in thissection shall affect the rights of the debtor toclaim from the assignor any loss or damagescaused to him by reason of breach of theoriginal contract.

CHAPTER V

Registration of assignments

19. Registration of certainassignments of receivablestransactions.— (1) Every factor shallfile, for the purposes of registration,the particulars of every transactionof assignment of receivables in hisfavour with the Central Registry to

be set-up under section 20 of theSecuritisation and Reconstruction ofFinancial Assets and Enforcementof Security Interest Act, 2002, withina period of thirty days from the dateof such assignment or from the dateof establishment of such registry, asthe case may be, in the manner andsubject to payment of such fee asmay be prescribed in this behalf.

Explanation.— For the purpose of filing ofparticulars of every transaction of assignmentof receivables with the Central Registry, thereceivables may be described specifically orgenerally with reference to the debtor, or theperiod to which they relate or by any othergeneral description by which suchreceivables can be identified.

(2) For the purposes of this Act, a recordcalled the Central Register shall be kept atthe head office of the Central Registry forentering the particulars of the transactionsrelating to assignment of receivables in favourof a factor.

(3) On realisation of the assignedreceivables or settlement of the claim againstthe debtors, the factor shall file satisfaction ofthe assignment of receivables in its favour, insuch manner and subject to payment of suchfees as may be prescribed in this behalf.

(4) The provisions for registrationof transactions contained in theSecuritisation and Reconstruction ofFinancial Assets and Enforcementof Security Interest Act, 2002 andthe rules made thereunder shall,mutatis mutandis, apply to therecord of assignment of receivablesin favour of a factor in the CentralRegister with the Central Registry.

20. Public inspection.— (1) The particularsof transactions of assignment of receivablesentered in the Central Register of suchtransactions under section 19 shall be openduring business hours for inspection by any

54 of 2002.

54 of 2002.


76

person on payment of such fee as may beprescribed.

(2) The Central Register referred to in sub--section (2) of section 19 maintained inelectronic form, shall also be open during thebusiness hours or such extended hours asmay be specified by the Central Registry forinspection by any person through electronicmedia on payment of such fee as may beprescribed.

(3) The provisions for maintenanceof Central Register and publicinspection thereof contained in theSecuritisation and Reconstruction ofFinancial Assets and Enforcement ofSecurity Interest Act, 2002 and therules made thereunder shall, mutatismutandis, apply.

CHAPTER VI


21. Penalties.— If a default is made in filingunder section 19 the particulars of anytransaction of assignment of receivables andrealisation of receivables by a factor, suchcompany and every officer of the companywho is in default shall be punishable withfine which may extend to five thousandrupees for every day during which the defaultcontinues.

22. Penalties for non-compliance of directionof Reserve Bank.— (1) If any factor fails tocomply with any direction issued by theReserve Bank under section 6, the ReserveBank may impose a penalty which mayextend to five lakh rupees and in the case ofa continuing offence, with an additional finewhich may extend to ten thousand rupeesfor every day during which the defaultcontinues.

(2) For the purpose of adjudging the penaltyunder sub-section (1), the Reserve Bank shallserve notice on the factor requiring it to showcause why the amount specified in the noticeshould not be imposed and a reasonable

opportunity of being heard shall also be givento such factor.

(3) Any penalty imposed by the ReserveBank under this section shall be payablewithin a period of fourteen days from the dateon which notice issued by the Reserve Bankdemanding payment of the sum is served onthe factor and in the event of failure of thefactor to pay the sum within such period,may be levied on a direction made by theprincipal civil court having jurisdiction in thearea where the registered office of the factoris situated; or, in the case of a factorincorporated outside India, where itsprincipal place of business in India is situated:

Provided that no such direction shall bemade except on an application made to thecourt by the Reserve Bank or any officerauthorised by Reserve Bank in this behalf.

(4) The court which makes a directionunder sub-section (3) shall issue a certificatespecifying the sum payable by the factor andevery such certificate shall be enforceable inthe same manner as if it were a decree madeby the court in a civil suit.

23. Offences.— If any person contravenesor attempts to contravene or abets thecontravention of the provisions of this Act orof any rules made thereunder, for which nospecific penalty has been provided for, heshall be punishable with imprisonment for aterm which may extend to one year, or withfine, or with both.

24. Cognizance of offences.— (1) No Courtshall take cognizance of any offencepunishable under this Act except upon acomplaint in writing made by an officer ofthe Reserve Bank, generally or speciallyauthorised in writing in this behalf by theReserve Bank.

(2) No Court other than that of aMetropolitan Magistrate or a JudicialMagistrate of the first class or a court superiorthereto shall try any such offence punishableunder this Act.

54 of 2002.



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25. Offences by factors.— (1) Where anoffence under this Act has been committedby a factor, every person who at the time theoffence was committed was in charge of, andwas responsible to, the factor, for the conductof the business of the factor, as well as thefactor, shall be deemed to be guilty of theoffence and shall be liable to be proceededagainst and punished accordingly:

Provided that nothing contained in thissub-section shall render any such personliable to any punishment provided in this Act,if he proves that the offence was committedwithout his knowledge or that he hasexercised all due diligence to prevent thecommission of such offence.

(2) Notwithstanding anything contained insub-section (1), where an offence under thisAct has been committed by a factor and it isproved that the offence has been committedwith the consent or connivance of, or isattributable to, any neglect on the part ofany director, manager, secretary or otherofficer of the factor, such director, manager,secretary or other officer shall also bedeemed to be guilty of the offence and shallbe liable to be proceeded against andpunished accordingly.

Explanation.— For the purpose of thissection, a “director”, in relation to a factormeans any officer entrusted with themanagement of the whole or substantially theaffairs of the factor.

CHAPTER VII

Miscellaneous

26. Provisions of this Act to override otherlaws.— The provisions of this Act shall haveeffect, notwithstanding anything inconsistenttherewith contained in any other law for thetime being in force or any instrument havingeffect by virtue of any such law.

27. Application of other laws notbarred.— The provisions of this Act

or the rules made thereunder shallbe in addition to and not inderogation of the NegotiableInstruments Act, 1881, the Transferof Property Act, 1882, the ReserveBank of India Act, 1934, the BankingRegulation Act, 1949, theCompanies Act, 1956, theSecuritisation and Reconstruction ofFinancial Assets and Enforcementof Security Interest Act, 2002, theMicro, Small and MediumEnterprises Development Act, 2006or any other law for the time beingin force.

28. Limitation.— No assignee ofany receivable shall be entitled totake any measures for recovery ofany assigned receivable, throughany court or Tribunal unless hisclaim in respect of the receivable ismade within the period of limitationspecified under the Limitation Act,1963.

29. Confidentiality of information.— Saveas otherwise provided in this Act, or unlessrequired to do so by an order passed by anyCourt or Tribunal or any other statutoryauthority under any provision of law for thetime being in force or for the purpose ofrecovery of the receivable, a factor shallmaintain confidentiality and shall not discloseto any person information obtained by it from,any assignor, its present and futurecustomers, its commercial and businessactivities and the terms of sale between theassignor and any debtor and other detailabout the assignor.

30. Power to exempt.— (1) The CentralGovernment may, by notification in the publicinterest, direct that any of the provisions ofthis Act,—

(a) shall not apply to such class or classesof banks or a company or a factor; or

(b) shall apply to the such class orclasses of banks or a company or a factor

26 of 1881.

4 of 1882.

2 of 1934.

10 of 1949.

1 of 1956.

54 of 2002.

27 of 2006.

36 of 1963.


78

with such exceptions, modifications andadaptations as may be specified in thenotification.

(2) A copy of every notification issuedunder sub-section (1), shall be laid beforeeach House of Parliament, while it is insession, for a total period of thirty days whichmay be comprised in one session or in twoor more successive sessions, and if, beforethe expiry of the session immediatelyfollowing the session or the successivesessions aforesaid, both Houses agree inmaking any modification in the notificationor both the Houses agree that the notificationshall not be issued or, the notification shallhave effect only in such modified form or beof no effect, as the case may be; so, however,that any such modification or annulment shallbe without prejudice to the validity ofanything previously done under thenotification.

31. Provisions of this Act not to apply oraffect in certain cases.— (1) The provisions ofthis Act shall not apply to any assignment ofreceivables arising under or from thefollowing transactions, namely:—

(a) any merger, acquisition oramalgamation of business activities or saleor change in the ownership or legal statusof the business;

(b) transactions on any stockexchange or commoditiesexchange regulated by theSecurities and Exchange Board ofIndia constituted under theprovisions of the Securities andExchange Board of India Act, 1992or by the Forward MarketsCommission under the ForwardContracts (Regulation) Act, 1952,respectively;

(c) financial contracts governed bynetting agreements, except a receivableowed on the termination of all outstandingtransactions;

(d) foreign exchange transactions exceptreceivables in any foreign currency;

(e) inter-bank payment systems, inter-bank payment agreements or clearanceand settlement systems relating tosecurities or other financial assets orinstruments;

(f) bank deposits;

(g) a letter of credit or independentguarantee;

(h) rights and obligations ofany person under the lawgoverning negotiable instru-ments, negotiable warehousereceipts under the Warehousing(Development and Regulation)Act, 2007 or to instrumentswhich are for the time being, bylaw or custom negotiable or anymercantile document of title togoods;

(i) sale of goods or services for anypersonal, family or household use;

(j) any assignment of loan receivablesby a bank or non-banking financialcompany to another bank or non-bankingfinancial company;

(k) securitisation transactions (includingassignment of receivables to specialpurpose vehicles or trusts that issuesecurities against such receivables, boughtfrom a single debtor or single group ofdebtors).

(2) Nothing contained in this Actshall affect the rights andobligations of a consumer,manufacturer, trader or serviceprovider under the provisions of theConsumer Protection Act, 1986.

32. Power of Central Governmentto make rules.— (1) The CentralGovernment may, in consultationwith the Reserve Bank, bynotification and in the ElectronicGazette as defined in clause (5) ofsub-section (1) of section 2 of theInformation Technology Act, 2000

15 of 1992.

74 of 1952.

37 of 2007.

68 of 1986.

21 of 2000.



79

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 all or any of thefollowing matters, namely:—

(a) the form and manner in which thetransactions of assignment of receivablesin favour of a factor shall be filed and thefee for filing such transaction under sub--section (1) of section 19;

(b) the form and manner in whichsatisfaction of assignment of receivable orsettlement of the claim shall be registeredand the fee for filing such transactionsunder sub-section 3 of section 19;

(c) fee for inspecting the Central Registerunder section 20; and

(d) any other matter which is requiredto be or may be prescribed, in respect ofwhich provision is to be made or may bemade by rules.

33. Laying of rules.— Every rule made underthis Act shall be laid, as soon as may be afterit is made, before each House of Parliament,while it is in session, for a total period of thirtydays which may be comprised in one sessionor in two or more successive sessions, and if,

before the expiry of the session immediatelyfollowing the session or the successive sessionsaforesaid, both Houses agree in making anymodification in the rule or both Houses agreethat the rule should not be made, the ruleshall thereafter have effect only in suchmodified form or be of no effect, as the casemay be; so, however, that any suchmodification or annulment shall be withoutprejudice to the validity of anything previouslydone under that rule.

34. Power to remove difficulties.— (1) If anydifficulty arises in giving effect to theprovisions of this Act, the Central Governmentmay, by order published in Official Gazette,make such provisions not inconsistent withthe provisions of this Act, as may appear tobe necessary for removing the difficulty:

Provided that no order shall be made underthis section after the expiry of a period oftwo years from the commencement of thisAct.

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

35. Amendments to certain enactments.—The enactments specified in the Scheduleshall be amended in the manner specifiedtherein.

THE SCHEDULE

(See section 35)

Year Act No. Short title Amendment

1 2 3 4

1899 2 The IndianStamp Act

1899

After section 8C, the following section shall beinserted, namely:—

‘8D. Agreement or document for assignment ofreceivables not liable to stamp duty:—

Notwithstanding anything contained in thisAct or any other law for the time being inforce, any agreement or other document forassignment of “receivables” as defined in clause(p) of section 2 of the Factoring Regulation Act,2011 in favour of any “factor” as defined in clause(i) of section 2 of the said Act shall not be liableto duty under this Act or any other law for thetime being in force.’.


80

In Order XXXVII, in rule 1, in sub-rule (2), in clause(b), after sub-clause (iii), the following sub-clauseshall be inserted, namely:—

“(iv) suit for recovery of receivables institutedby any assignee of a receivable.”.

In clause (d) of sub-section (1) of section 8, for thewords “one Government official”, the words “twoGovernment officials” shall be substituted.”.

In section 2, in clause (f), after sub-clause (ii), thefollowing sub-clause shall be inserted, namely:—

“(iia) a factor as defined under clause (i) ofsection 2 of the Factoring RegulationAct, 2011.”.

1 2 3

1908 5 The Code ofCivil Procedure,

1908

1934 2 The ReserveBank of India

Act, 1934

2005 30 The CreditInformationCompanies(Regulation)

Act, 2005

4

__________

Notification

10/3/2012-LA/99

The Academy of Scientific and InnovativeResearch Act, 2011 (Central Act No. 13 of2012), which has been passed by Parliamentand assented to by the President of India on06-02-2012 and published in the Gazette ofIndia, Extraordinary, Part II, Section I dated07-02-2012, is hereby published for thegeneral information of the public.


Porvorim, 16th April, 2012._______

THE ACADEMY OF SCIENTIFIC ANDINNOVATIVE RESEARCH ACT, 2011

_________

Arrangement of Sections_________

Sections

1. Short title, extent and commencement.

2. Definitions.

3. Establishment of Academy of Scientific andInnovative Research.

4. Objects of Academy.

Sections

5. Relationship of Academy with Council ofScientific and Industrial Research.

6. Declaration of Academy as an institution ofnational importance.

7. Transfer of assets, liabilities, etc., of existingAcademy to Academy established under thisAct and other provisions, etc.

8. Functions and powers of Academy.

9. Academy open to all castes, creed, race orclass.

10. Authorities of Academy.

11. Composition of Board of Governors.

12. Appointment of Chairperson.

13. Nomination of distinguished scientists oracademicians of global eminence, eminentindustrialists or technologists and heads ofthree premier institutions in the field ofimparting education in science andtechnology.

14. Nomination of distinguished scientists oroutstanding scientists of Council of Scientificand Industrial Research or Directors ofCouncil of Scientific and Industrial Researchlaboratories.

15. Allowances payable to members of Board.

16. Term of office of members of Board.

17. Powers of Board.

18. Senate.

19. Powers of Senate.

20. Chancellor of Academy.

21. Director of Academy.



81

Sections

22. Appointment and duty of Director ofAcademy, etc.

23. Associate Directors.

24. Powers of other authorities.

25. Funds of Academy.

26. Accounts.

27. Audit of accounts and its publication.

28. Statutes.

29. Matters to be provided by Statutes.

30. Ordinances.

31. Review of functioning of Academy.

32. Appointments.

33. Conditions of service.

34. Arbitration.

35. Resignation, removal and suspension ofChairperson and other Members or Director.

36. Meetings.

37. Vacancies, etc., not to invalidate acts orproceedings of Board, Academy or any otherbody.

38. Power to remove difficulties.

________

THE ACADEMY OF SCIENTIFIC ANDINNOVATIVE RESEARCH ACT, 2011

AN

ACT

to establish an Academy for furtherance ofthe advancement of learning andprosecution of research in the field ofscience and technology in association withCouncil of Scientific and Industrial Researchand to declare the institution known as theAcademy of Scientific and InnovativeResearch, to be an institution of nationalimportance to provide for its incorporationand matters connected therewith orincidental thereto.


1. Short title, extent and commencement.—(1) This Act may be called the Academyof Scientific and Innovative Research Act,2011.

(2) It extends to the whole of India exceptthe State of Jammu and Kashmir.

(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, and in allStatutes and Ordinances made thereunder,unless the context otherwise requires,—

(a) “Academy” means the Academy ofScientific and Innovative Researchestablished under sub-section (1) ofsection 3;

(b) “Board” means the Board ofGovernors of the Academy of Scientific andInnovative Research referred to insection 10;

(c) “Council of Scientific andIndustrial Research” means asociety registered by the name ofthe Council of Scientific andIndustrial Research under theSocieties Registration Act, 1860;

(d) “Chairperson” means theChairperson of the Board appointed undersection 12;

(e) “Chancellor” means the Chancellorof the Academy referred to in section 20;

(f) “Director” means the Director of theAcademy appointed under section 22;

(g) “distinguished scientists” or“outstanding scientists” of the Council ofScientific and Industrial Research meansscientists of the Council of Scientific andIndustrial Research designated as such;

(h) “existing Academy” means theAcademy of Scientific and InnovativeResearch established in pursuance of theResolution of the Government of India inthe Ministry of Science and Technology,Department of Scientific and IndustrialResearch, Council of Scientific and

21 of 1860.


82

Industrial Research, vide No. 6/1/CSIR--AcSIR/2010-PPD, dated the 1st July, 2010;

(i) “Faculty-of the Academy” meansAcademy Professors, Professors ofEminence, Distinguished Professors,Outstanding Professors, Senior Professors,Emeritus Professors, Professors, AssociateProfessors, Assistant Professors, visitingfaculty, and such other persons as may beappointed for imparting instruction orconducting research in the Academy orinstitutions maintained by the Academyand includes the scientists of Council ofScientific and Industrial Research assignedfor imparting instruction or conductingresearch;

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

(k) “Statutes and Ordinances” means theStatutes and the Ordinances of theAcademy for the time being in force.

3. Establishment of Academy of Scientificand Innovative Research.— (1) With effectfrom such date as the Central Governmentmay, by notification, appoint in this behalf,there shall be established for the purposes ofthis Act an Academy to be called the“Academy of Scientific and InnovativeResearch” as a body corporate by suchname.

(2) The headquarters of the Academy shallbe at such place as the Central Governmentmay, by notification, specify.

(3) The Academy may have such numberof regional centres and campuses, as it maydeem fit.

(4) The Academy shall have perpetualsuccession and a common seal with power,subject to the provisions of this Act, toacquire, hold and dispose of property and tocontract, and shall by that name, sue and besued.

4. Objects of Academy.— (1) The objects ofthe Academy shall be to—

(a) disseminate advanced knowledge inscience and technology, by providingteaching and research facilities in suchbranches of learning as it may deem fit,particularly in emerging areas and suchareas as may emerge in future;

(b) undertake inter-disciplinary studiesand research;

(c) conduct courses in, and integrate intoits courses, inter-disciplinary and multi--disciplinary areas covering naturalsciences, life sciences, mathematical andcomputational sciences, medical sciences,engineering, applied art, humanities, socialsciences, law relating to these areas andinterfaces thereof;

(d) take appropriate measures forinnovations in teaching and learningprocesses;

(e) create an ambience for learning andscholarship in advanced science andtechnology instead of exclusively focusingon marks or grades;

(f) educate and train manpower inscientific and technological fields;

(g) establish linkages with industries inIndia and outside India for the promotionof science and technology;

(h) collaborate, in appropriate areas inthe field of science and technology, withreputed universities and institutions inIndia or outside India;

(i) promote research in science andtechnology having a bearing on social,economic, cultural, intellectual andacademic welfare of the people.

(2) The Academy shall primarily focus onresearch and imparting instruction in suchareas as are not ordinarily taught in regularacademic universities in India.

(3) The curricula, pedagogy and evaluationof the Academy shall be innovative anddirected towards creating highest qualitypersonnel with cross-disciplinary knowledge,aiming to provide leaders in the field ofscience and technology.



83

5. Relationship of Academy with Councilof Scientific and Industrial Research.— (1) TheAcademy shall be, provided, or, allowed touse, the infrastructure and scientificmanpower of the Council of Scientific andIndustrial Research for teaching and researchpurposes for mutual benefit.

(2) The Academy, within two weeks of thecommencement of this Act, shall,notwithstanding anything contained in anyother Act, rules, regulations or bye-laws forthe time being in force, enter into aMemorandum of Understanding with theCouncil of Scientific and Industrial Research,for the purposes of its affiliation with theAcademy for the purposes of academics,teaching and award of degrees or diplomas,and, the persons pursuing the studies in theCouncil for award of any degree or diploma,after entering of such Memorandum ofUnderstanding, be awarded degrees ordiplomas by the said Academy:

Provided that any person pursuing anyacademic or research course, before thecommencement of this Act, in the Council ofScientific and Industrial Research for awardof any degree or diploma and registered forthe said purpose with any other university,may, with the approval of the university withwhich such person is registered, migrateafter such commencement to the Academyestablished under this Act and be registeredwith the said Academy for grant of the samedegree or diploma by the Academyestablished under this Act and such personshall be deemed to have migrated andregistered with the Academy establishedunder this Act at the same level of study inthe university from which such personmigrated.

(3) Nothing contained in sub-section (1) orsub-section (2) shall be construed to affectthe functions or powers of the Council ofScientific and Industrial Research, beingdischarged or exercised, before thecommencement of this Act, by the Council orto affiliate with any other university or

institution for the purposes of academics,teaching and award of degrees or diplomasor for any other purposes necessary forpursuing its objects.

6. Declaration of Academy as an institutionof national importance.— It is herebydeclared that the Academy of Scientific andInnovative Research shall be an institution ofnational importance.

7. Transfer of assets, liabilities, etc. ofexisting Academy to Academy establishedunder this Act and other provisions, etc.—(1) On and from the date of establishment ofthe Academy,—

(a) any reference to the existingAcademy in any law other than this Act orin any contract or other instrument shallbe deemed as a reference to the Academy;

(b) all properties and assets, movableand immovable, of, or belonging to, theexisting Academy, shall vest in theAcademy;

(c) all rights and liabilities of the existingAcademy shall be transferred to, and bethe rights and liabilities of the Academy;

(d) without prejudice to the provisionsof clause (c), all debts, obligations andliabilities incurred, all contracts entered intoand all matters and things engaged to bedone by, with or for the existing Academyimmediately before that date, for or inconnection with the purpose of the saidexisting Academy shall be deemed to havebeen incurred, entered into or engaged tobe done by, with or for, the Academy;

(e) all sums of money due to the existingAcademy immediately before thatdate shall be deemed to be due to theAcademy;

(f) all suits and other legal proceedingsinstituted or which could have beeninstituted by or against the existingAcademy immediately before that date maybe continued or may be instituted by oragainst the Academy;


84

(g) every employee (including thoseappointed for imparting instruction orconducting research in the existingAcademy) holding any office under theexisting Academy or teaching thereinimmediately before that date shall hold hisoffice in the Academy or continue teachingtherein by the same tenure and upon thesame terms and conditions of service asrespects remuneration, leave, providentfund, retirement and other terminal benefitsas he would have held such office if theAcademy had not been established andshall continue to do so as an employee ofthe Academy or until the expiry of theperiod of six months from that date if suchemployee opts not to be the employee ofthe Academy within such period.

(2) Any person pursuing any academic orresearch course, before the commencementof this Act, in the existing Academy for awardof any degree or diploma or certificate shallbe entitled to pursue such academic orresearch course after the establishment of theAcademy under this Act and be registeredwith the said Academy for grant of the samedegree or diploma or certificate by theAcademy established under this Act and suchperson shall be deemed to have migrated andregistered with the Academy establishedunder this Act at the same level of study inthe existing Academy from which suchperson migrated.

(3) Any person, who immediately beforethe commencement of this Act, had beenawarded a degree or diploma or certificatefor having qualified any course by the existingAcademy, shall be entitled to award ofequivalent degree or diploma by the Academysubject to approval by the Board of theAcademy.

(4) Notwithstanding anythingcontained in the Industrial DisputesAct, 1947 or in any other law forthe time being in force, absorptionof any employee by the Academy inits regular service under this sectionshall not entitle such employee to,

any compensation under that Actor other law and no such claim shallbe entertained by any court,tribunal or other authority.

8. Functions and powers of Academy.— (1)The Academy shall discharge its functionsand exercise the following powers, namely:—

(i) to provide for instructions and conductresearch in such branches of learning likenatural sciences, life sciences, mathe-matical and computational sciences,medical sciences, engineering, applied art,humanities, social sciences, law relating tothese areas and interfaces thereof, and inparticular, in inter-disciplinary and multi--disciplinary areas of these branches, andin all such areas as may emerge in futureand other emerging areas of knowledge,as the Academy may from time to timedetermine and make provision foradvancement and dissemination ofknowledge;

(ii) to lay administrative standards andstructures and decide on all matters ofcreation of posts, laying down standardsfor recruitment, determining compensationpackages, and contractual arrangements;

(iii) to design its curriculum andpedagogy for award of diplomas orcertificates and confer degrees or otheracademic distinctions as it may deem fit;

(iv) to grant, subject to such conditionsas the Academy may determine, diplomasor certificates and confer degrees or otheracademic distinctions on the basis of suchmethods of evaluation and to hold itsexaminations, as the Academy may, fromtime to time, determine and to withdrawany such diplomas, certificates, degrees orother academic distinctions for good andsufficient cause;

(v) to frame Statutes and Ordinances andto alter, modify or rescind the same;

(vi) to organise and undertakeextramural studies, training and extensionservices;

14 of 1947.



85

(vii) to confer honorary degrees or otherdistinctions;

(viii) to provide distance education insuch branches of learning and to suchpersons as it may determine;

(ix) to institute professorships, associateprofessorships and assistant professorshipsincluding Academy Professors, Professorsof Eminence, Distinguished Professors,Outstanding Professors, Senior Professors,Emeritus Professors, or visiting positionsand other teaching or academic or otherpositions, required by the Academy and tomake appointments to such positions;

(x) to appoint persons from any otheruniversity, or institution, or industry, orpersons of eminence from appropriate fieldsof studies, including those outside thecountry, as Faculty of the Academy;

(xi) to create administrative, ministerialand other posts and to make appointmentsthereto;

(xii) to co-operate or collaborate orassociate with any body including, anyuniversity or institution, or industry, locatedin India or outside India;

(xiii) to establish such centres andspecialised laboratories or other units forresearch and instruction as may berequired;

(xiv) to set up schools, centres andcampuses and function therefrom orconduct classes from any place of itschoice, including the premises oflaboratories or other centres of the Councilof Scientific and Industrial Research;

(xv) to institute and award fellowships,scholarships, studentships, medals andprizes;

(xvi) to conduct research, advisory andconsultancy services with or for any entity,public or private, whether in India oroutside India, which are in conformity withthe spirit and object of the Academy;

(xvii) to engage scientists of the Councilof Scientific and Industrial Research asFaculty in imparting instruction andconducting research in the Academy;

(xviii) to establish, maintain and manageinstitutions and hostels for residence ofstudents or establish and maintain suchinstitutions through the Council of Scientificand Industrial Research or any other body;

(xix) to fix, demand and receive paymentof fees and other charges;

(xx) to determine the standards ofadmission to the Academy, which mayinclude examination, other innovativemodels of testing or evaluation;

(xxi) to supervise the residences of thestudents of the Academy and to makearrangements for promoting their health,general welfare, cultural and corporate life;

(xxii) to lay down conditions of servicefor all categories of employees, includingtheir code of conduct;

(xxiii) to regulate and enforce discipline,among the students and employees and totake such disciplinary measures in thisregard as may be necessary;

(xxiv) to make arrangements forpromoting the health and general welfareof the employees;

(xxv) to receive grants, benefactions,donations, gifts, bequests and transfer oracquire, hold and manage and dispose ofany property movable or immovable,including trust and endowment propertiesfor the purposes of the Academy:

Provided that no such grants,benefactions, donations, gifts, bequests andtransfer shall be accepted by the Academywhich in the opinion of the Board involvesconditions or obligations opposed to thespirit and object of this Act;

(xxvi) to borrow, on the security ofproperty of the Academy or otherwise,


86

money for the purposes of the Academy orutilise its property for such purposes asare in conformity with the spirit and objectof this Act;

(xxvii) to do all such other acts andthings as may be necessary, incidental orconducive to the attainment of all or any ofits objects.

(2) In exercising its powers referred to insub-section (1), it shall be the endeavour ofthe Academy to maintain an all Indiacharacter and high standards of teaching andresearch, and, the Academy shall, amongother measures which may be necessary forthe said purpose, take, in particular, thefollowing measures, namely:—

(i) subject to the provisions of section 9,the admission of students shall be madeon merit;

(ii) continuous evaluation or otherinnovative methods of evaluation andchoice based credit system may beintroduced and the Academy may enterinto agreements with other universities andacademic institutions in India or outsideIndia for credit transfer and joint degreeprogrammes;

(iii) innovative courses and programmesof studies shall be introduced with aprovision for periodic review andrestructuring;

(iv) the imparting of instruction shall be,as far as may be, through use of moderntechniques or technologies;

(v) the systems and structures of theAcademy should be flexible to adapt to therequirements of multi-disciplinary andinter-disciplinary studies;

(vi) active participation of students maybe ensured in governance of academicmatters of the Academy.

9. Academy open to all castes, creed, raceor class.— (1) The Academy shall be open to

all persons, of either sex, irrespective of caste,creed, race or class, and it shall not be lawfulfor the Academy to adopt or impose on anyperson, any test whatsoever of religious beliefor profession in order to be entitled to beappointed as a Faculty of the Academy or tohold any other office therein, or to beemployed therein or to be admitted as astudent in the Academy or to graduatethereat or to enjoy or exercise any privilegethereof.

(2) The Academy shall makespecial provision for theemployment or admission of women,persons with disabilities, or ofpersons belonging to the weakersections of the society and, inparticular, of the Scheduled Castes,the Scheduled Tribes and the othersocially and educationally backwardclasses of citizens and anyexemption from making suchreservation under the proviso toclause (b) of section 4 of theCentral Educational Institutions(Reservation in Admission) Act,2006 shall not be applicable to theAcademy:

Provided that no such special provisionshall be made on the ground of domicile.

10. Authorities of Academy.— The followingshall be the authorities of the Academy,namely:—

(a) The Board;

(b) Senate;

(c) Director;

(d) Boards of Studies;

(e) such other authorities as may bedeclared by the Statutes to be theauthorities of the Academy.

11. Composition of Board of Governors.—(1) The Board referred to in clause (a) ofsection 10 shall consist of the following,namely:—

5 of 2007.



87

(a) the Chairperson of the Board, to beappointed under section 12;

(b) the Director-General ex officioo f t h e C o u n c i l o f Vice-Scientific and Industrial Chairperson;Research,

(c) the President of theIndian National ex officioScience Academy, member;

(d) the Chairman, AtomicEnergy Commission, ex officioGovernment of India, member;

(e) the Chairman, SpaceCommission, Government ex officioof India, member;

(f) the Chairman,Univer-sity Grants Commission, ex officioGovernment of India, member;

(g) the Finance Secretaryin the Ministry of Finance, ex officioGovernment of India, member;

(h) the heads of threepremier institutions in the members tof ield of impar ting be nominatededucation in Science and underTechnology, section 13;

(i) four distinguishedscientists or acade-micians of globaleminence, of which members totwo should be from be nominatedreputed institutions underoutside India, section 13;

(j) three eminent indus- members totrialists or technologists, be nominated

undersection 13;

(k) four distinguishedscientists or outstandingscientists or Directors of members tolaboratories of Council be nominated

of Scientific and underIndustrial Research, section 14;

(l) the Director of the ex officioAcademy, member.

(2) The Chairperson shall ordinarily presideover the meetings of the Board.

(3) The Board may evolve its ownprocedure for the purpose of conducting itsmeetings and transacting business therein.

(4) The Associate Director in charge ofadministration of the Academy shall be theSecretary of the Board.

12. Appointment of Chairperson.— (1) TheChairperson shall be appointed by thePresident of the Council of Scientific andIndustrial Research, on the recommendationof the selection committee constituted undersub-section (2):

Provided that the Director-General of theCouncil of Scientific and Industrial Research,being the ex officio Vice-Chairperson, asreferred to in clause (b) of sub-section (1) ofsection 11, shall act as the Chairperson untilthe first Chairperson is selected andappointed in accordance with the provisionsof this Act:

Provided further that no person shall beselected and appointed as Chairperson unlesssuch person is an Indian citizen.

(2) The selection committee referred to insub-section (1) shall consist of four eminentscientists or technologists of internationalrepute, as may be nominated by thePresident of the Council of Scientific andIndustrial Research.

(3) At least two eminent scientists ortechnologists of international reputenominated under sub-section (2) shall be fromthe heads of international societies,academies, or similar organisations in the fieldof science and technology.


88

(4) The selection committee referred to insub-section (2) shall—

(a) be constituted within six monthsbefore the completion of tenure of theincumbent as the Chairperson of the Board;

(b) submit its recommendation at leastthree months before the completion of thetenure of the incumbent Chairperson.

(5) The selection committee may evolve itsown procedure for the purposes of meetingsand making recommendations undersub-section (1) including makingrecommendations in respect of a person whohas not applied for the post of Chairperson.

(6) Three members of the selectioncommittee referred to in sub-section (1) shallform quorum for the meeting of thecommittee.

(7) The Chairperson shall exercise suchother powers and perform such otherfunctions as may be assigned to him by thisAct or the Statutes.

13. Nomination of distinguished scientistsor academicians of global eminence, eminentindustrialists or technologists and heads ofthree premier institutions in the field ofimparting education in science andtechnology.— The heads of three premierinstitutions in the field of imparting educationin science and technology, referred to inclause (h), the distinguished scientists oracademicians of global eminence referred toin clause (i), and eminent industrialists ortechnologists referred to in clause (j), of sub--section (1) of section 11, shall be nominated,by the President of the Council of Scientificand Industrial Research.

14. Nomination of distinguished scientistsor outstanding scientists of Council ofScientific and Industrial Research or Directorsof Council of Scientific and Industrial Researchlaboratories.— The nomination ofdistinguished scientists or outstandingscientists of the Council of Scientific andIndustrial Research or Directors of Council of

Scientific and Industrial Researchlaboratories, referred to in clause (k) ofsub-section (1) of section 11 shall be madeby the Governing Body of the Council ofScientific and Industrial Research.

15. Allowances payable to members ofBoard.— The members of the Board shall beentitled to such allowances, if any, from theAcademy, as may be provided for, in theStatutes but no member other than theDirector of the Academy referred to in clause(l) of sub-section (1) of section 11, shall beentitled to any salary by reason of this section.

16. Term of office of members of Board.—(1) Save as otherwise provided in this section,term of office of the Chairperson or any othernominated member of the Board shall be fouryears, being one term of the Board and theyshall not be eligible to be re-appointed asChairperson or nominated as a member, asthe case may be.

Explanation I.— The period of term of officeof the Chairperson or any other nominatedmember of the Board [other than ex officioVice-Chairperson and ex officio members andnominated members under clause (k) of sub--section (1) of section 11] of the existingAcademy shall be counted for the purposesof this sub-section.

Explanation II.— For the removal of doubtit is hereby declared that a person who heldthe office of a member shall not be eligible tobe re-appointed as a member but may beappointed as the Chairperson in accordancewith the provisions of this Act:

Provided that an outgoing member of theBoard shall, unless or otherwise directed,continue in office until another person isappointed, or, as the case may be, nominatedas a member in his place.

(2) In the event of vacancy in the office ofthe Chairperson, by reason of his death orresignation or otherwise, the Vice--Chairperson shall act as the Chairperson



89

until a new Chairperson is appointed inaccordance with the provisions of this Act tofill the vacancy and enter upon his office:

Provided that a person appointed due to avacancy in the office of Chairperson undersub-section (2), shall be eligible to beappointed as Chairperson in accordance withthe provisions of this Act only for one term inaddition to the period for which he wasappointed to fill the vacancy of Chairperson.

(3) In the event of vacancy in the office ofa nominated member under clauses (h), (i),(j) and (k) of sub-section (1) of section 11 byreason of his death or resignation orotherwise, the vacancy shall be filled inaccordance with the provisions of this Act:

Provided that a person nominated undersub-section (1) of section 11 due to a vacancyin the office of the member, such person shallbe eligible to be nominated only for one termas member in accordance with the provisionsof this Act, in addition to the period for whichhe was nominated to fill the vacancy.

(4) The term of office of an ex officiomember shall continue as long as he holdsthe office by virtue of which he is a member.

(5) One-fourth of the members, beingdistinguished scientists or outstandingscientists or Directors of laboratories of theCouncil of Scientific and Industrial Researchnominated under clause (k) of sub-section (1)of section 11 shall retire every year and newmembers shall be nominated in their placein accordance with the provisions of this Act:

Provided that, notwithstanding anythingcontained in this sub-section, the members,being distinguished scientists or outstandingscientists of the Council of Scientific andIndustrial Research or Directors of theCouncil of Scientific and Industrial Researchlaboratories nominated under clause (k) ofsub-section (1) of section 11, immediately afterthe commencement of this Act for the firsttime, may hold office for such period, as may

be specified in their nomination andprovisions of this sub-section shall not beapplicable to such nominated members.

17. Powers of Board.— (1) Subject to theprovisions of this Act, the Board shall beresponsible for the general superintendence,direction and control of the affairs of theAcademy and shall exercise all the powersof the Academy not otherwise provided forby this Act, the Statutes and the Ordinances,and shall have the power to review the actsof the Senate.

(2) Without prejudice to the provisions ofsub-section (1), the Board shall have thepowers to—

(a) take decisions on questions of policyrelating to the administration and workingof the Academy;

(b) institute courses of study at theAcademy;

(c) make Statutes;

(d) institute and appoint persons toacademic as well as other posts in theAcademy;

(e) consider and modify or cancel orrescind Ordinances;

(f) consider and pass resolutions on theannual report, the annual accounts and thebudget estimates of the Academy for thenext financial year, together with astatement of its development plans;

(g) approve investments in infrastructureof the Academy in any land or building;

(h) exercise such other powers andperform such other duties as may beconferred or imposed upon it by this Actor the Statutes.

(3) The Board shall also have the power toappoint such committees of one or morepersons as it considers necessary for exercise


90

of its powers and the performance of its dutiesand hold enquiries under this Act.

18. Senate.— (1) The Senate shall consistof the following, namely:—

(a) the Director, ex officio, who shall bethe Chairperson of the Senate;

(b) all Associate Directors, ex officiomembers;

(c) all Deans of the Academy, ex officiomembers;

(d) two Professors from each area ofstudy represented by the Boards of Studiesof the Academy, as may be nominated bythe Board, ex officio members;

(e) two scientists of the Council of

Scientific and Industrial Research, who

being the youngest in age; and recipient

of Shanti Swaroop Bhatnagar Award; and

who are also Faculty of the Academy, as

may be nominated by the Director-General

of the Council of Scientific and Industrial

Research;

(f) two scientists of the Council of

Scientific and Industrial Research, who

being the youngest in age; and recipient

of CSIR-Young Scientist Award; and who

are Faculty of the Academy, as may be

nominated by the Director-General of the

Council of Scientific and Industrial

Research;

(g) three Directors or distinguishedscientists or outstanding scientists of theCouncil of Scientific and IndustrialResearch laboratories, nominated by itsDirector-General;

(h) three persons, not being theemployees of the Academy or the Councilof Scientific and Industrial Research, to benominated by the Chancellor inconsultation with the Director fromamongst educationists of repute, one beingfrom each of the fields of science,engineering and social sciences;

(i) such other members of the staff asmay be laid down in the Statutes.

(2) The tenure of the nominated membersunder clauses (d) to (h) of sub-section (1) shallbe two years:

Provided that the Senate shall not, at anytime, have less than fifty per cent. of itsmembers from the Council of Scientific andIndustrial Research scientists teaching in theAcademy.

19. Powers of Senate.— Subject to theprovisions of this Act, the Statutes and theOrdinances, the Senate of the Academy shallhave the control and general regulation, andbe responsible for the maintenance, ofstandards of instruction, education andexaminations in the Academy and shallexercise such other powers and perform suchother duties as may be conferred or imposedupon it by the Statutes and Ordinances.

20. Chancellor of Academy.— (1) TheChairperson of the Board shall be theChancellor of the Academy.

(2) The Chancellor shall ordinarily presideat the Convocations of the Academy.

21. Director of Academy.— The Directorshall be the principal academic and executiveofficer of the Academy and shall beresponsible for the administration of theAcademy and imparting instruction, researchand maintenance of discipline.

22. Appointment and duty of Director ofAcademy, etc.— (1) The Director shall beappointed, by the President of the Council ofScientific and Industrial Research, on therecommendation of the selection committeeconstituted under sub-section (2).

(2) The selection committee referred to insub-section (1) shall consist of—

(a) the Chairperson of the Board;

(b) the Vice-Chairperson of the Board;



91

(c) the President of the Indian NationalScience Academy;

(d) the Chairman, Atomic EnergyCommission, Government of India;

(e) the Chairman, Space Commission;Government of India.

(3) The selection committee referred to insub-section (2) shall—

(a) be constituted within six monthsbefore the completion of tenure of theincumbent as the Director;

(b) submit its recommendation at leastthree months before the completion of thetenure of the incumbent Director.

(4) The selection committee may evolve itsown procedure for the purposes ofmeetings and making recommendationsunder sub-section (1) including makingrecommendations in respect of a person whohas not applied for the post of Director.

(5) Three members of the selectioncommittee referred to in sub-section (1) shallform quorum for the meeting of thecommittee:

Provided that no person shall be selectedor nominated as Director unless such personis an Indian citizen.

(6) It shall be the duty of the Director thatthe decisions taken by the Board areimplemented.

(7) The Director shall submit an annualreport and accounts of the Academy to theBoard.

(8) The Director shall exercise such otherpowers and perform such other duties as maybe assigned to him by this Act or the Statutesor the Ordinances.

(9) The term of the Director shall be fiveyears.

23. Associate Directors .— (1) TheAssociate Directors of the Academy shall, beappointed by the Director with the approvalof the Board, from amongst Professors of theAcademy or scientists of the Council ofScientific and Industrial Research engagedin academic activity in the Academy, for suchperiod, and on such terms and conditions, asmay be laid down by the Statutes, and, shallexercise such powers and perform suchduties as may be assigned to them by thisAct or the Statutes or by the Director.

(2) The Board may assign any otherdesignation for the Associate Directors, forthe purpose of administrative convenience oracademic efficiency.

24. Powers of other authorities.— (1) Theconstitution and powers of Board of Studiesshall be such as may be provided in theStatutes.

(2) The powers, including the financialpowers and duties of authorities, officers andother functionaries of the Academy shall beas provided by the Statutes.

25. Funds of Academy.— (1) The Academyshall maintain and retain a fund to whichshall be credited—

(a) all fees (including tuition fees) andother charges received by the Academy;

(b) all monies received by the Academyby way of grants, gif ts, donations,benefactions, bequests or transfers;

(c) monies for projects undertaken by theAcademy;

(d) income from investment made by theAcademy or from any other source;

(e) the funds received from the Councilof Scientific and Industrial Research, byway of loan or otherwise;

(f) all monies received by the Academyin any other manner or from any othersource.


92

(2) All monies credited to the fund of theAcademy shall be deposited in such banksor invested in such manner as the Academymay, with the approval of the Board, decide.

(3) The fund shall be applied for meeting,—

(a) the salaries, allowances and otherremuneration of the Chairperson, membersof the Board or Faculty, officers and otheremployees or members of the committeesset up by the Academy;

(b) the expenses of the Academy in thedischarge of its functions or exercise of itspowers under section 8;

(c) the expenses on objects of, and forpurposes authorised by, this Act.

(4) All expenditure of the Academy shallbe within the framework of a budget approvedby the Board.

26. Accounts.— (1) The Academy shallmaintain proper and separate accounts givingtherein the details of all receipts in, and,expenditure from, such fund and otherrelevant particulars.

(2) The accounts referred to in sub-section(1) shall be prepared and got audited beforethe expiry of six months from the end of eachfinancial year.

(3) The Academy shall submit to the Boardand the Council of Scientific and IndustrialResearch, the accounts, referred to insub-section (1) duly audited under section27 and signed by the Director, AssociateDirector in charge of Finance and AssociateDirector in charge of Administration.

(4) The Council of Scientific and IndustrialResearch referred to in sub-section (3), theBoard and any other person appointed bythem in connection with the audit of theaccounts of the Academy shall have the rightto demand the production of books, accounts,connected vouchers and other documentsand papers and to inspect any of the officesof the Academy.

27. Audit of accounts and itspublications.— (1) The accounts ofthe Academy shall, withoutprejudice to the provisionscontained in the Comptroller andAuditor-General’s (Duties, Powersand Conditions of Service) Act, 1971,be audited by auditors who may beappointed by the Board for the termof one year and such auditors shallbe eligible for re-appointment.

(2) No person shall be eligible tobe appointed as an auditor undersub-section (1) unless he is achartered accountant as defined inclause (b) of sub-section (1) ofsection 2 of the CharteredAccountants Act, 1949, and whohas obtained a certificate of practiceunder sub-section (1) of section 6 ofthat Act.

(3) The accounts of the Academy shall,after the completion of the audit under sub--section (1) and submission thereof to theBoard and the Council of Scientific andIndustrial Research be published on thewebsite of the Academy.

28. Statutes.— (1) The Statutes of theAcademy shall be enacted by the Board.

(2) Without prejudice to the provisionscontained in sub-section (1), the, Senate maymake recommendations for enactment ofStatutes to the Board.

(3) The Board may, from time to time, makenew Statutes or may amend or repeal orrescind the Statutes with effect from suchdate as it may direct.

29. Matters to be provided by Statutes.—

Subject to the provisions of this Act, the

Statutes may provide for all or any of the

matters considered necessary by the Board

for functioning of the Academy within the

frame work of this Act, including the following

matters, namely:—

56 of 1971.

38 of 1949.



93

(a) the conferment of degrees anddiplomas;

(b) the constitution, powers andfunctions of the Board of Studies;

(c) the tuition fee and other fees to becharged;

(d) the institution of fellowships,scholarships, medals and prizes;

(e) the term of office and the method ofappointment of officers of the Academy;

(f) the qualification of Faculty of theAcademy (other than the scientists of theCouncil of Scientific and IndustrialResearch engaged in the service of theAcademy), officers and other staff ofAcademy:

Provided that the scientists of the Councilof Scientific and Industrial Researchengaged in the service of the Academyshall be governed by the qualificationsspecified by the Council and nothingcontained in this Act shall be construed todisqualify them from undertaking theservice of the Academy or engaging themas Faculty of the Academy;

(g) the classification, the method ofappointment and the determination of theterms and conditions of service of Faculty,officers and other staff of the Academy;

(h) the provision of insurance fund,provident fund and other retirementbenefits, for the benefit of the Faculty,officers and other staff of the Academy;

(i) the constitution, powers and duties ofauthorities of the Academy;

(j) the establishment and maintenanceof hostels;

(k) the conditions of residence ofstudents of the Academy and the levyingof fees for residence in the hostels and ofother charges;

(l) the allowances to be paid to theChairperson and other members of the

Board and any committee constituted bythe Academy;

(m) the meetings of the Board, theSenate, or any committee, the quorum atsuch meetings and the procedure to befollowed in the conduct of their business;

(n) any other matter which may berequired or necessary for the purposes ofthis Act.

30. Ordinances.— (1) Subject to theprovisions of this Act and the Statutes, theOrdinances of the Academy may provide forall or any of the following matters, namely:—

(a) the admission of the students;

(b) the courses of study;

(c) the conditions under which studentsshall be admitted and shall be eligible fordegrees, diplomas and certificates and tothe examinations of the Academy, and shallbe eligible for the degrees, diplomas andcertificates;

(d) the conditions of award of thefellowships, scholarships, medals andprizes;

(e) the condition and mode ofappointment and duties of examiningbodies, examiners and moderators;

(f) the conduct of examinations;

(g) the maintenance of discipline amongstudents of the Academy;

(h) any other matter which by this Actor the Statute, is to be, or, may be, providedfor by the Ordinances.

(2) Save as otherwise provided in thissection, Ordinances shall be made by theSenate.

(3) All Ordinances made by the Senate shallhave the effect from such date as it may direct,but every Ordinance so made shall be


94

submitted, as soon as may be, to the Boardand shall be considered by the Board in itssubsequent meeting.

(4) The Board shall have the power byresolution to modify or cancel or rescind anyof the Ordinances and such Ordinances shall,from the date of such resolution standmodified accordingly or cancelled orrescinded, as the case may be.

31. Review of functioning of Academy.—(1) There shall be a review of the functioningof the Academy once in every four years bypersons of eminence to be appointed by theCouncil of Scientific and Industrial Research.

(2) The Academy shall meet the expensesfor conducting the review under sub-section(1) and upon receipt of the report of suchreview, the Board may take appropriateaction.

(3) In addition to the review under sub--section (1), the Board may conduct reviewof functioning of administrative and academicwings of the Academy, in such manner andat such intervals, as may be provided in theStatutes.

32. Appointments.— All appointments ofthe staff of the Academy (except appointmentof the Director), shall be made in accordancewith the procedure laid down in theStatute, by—

(a) the Board for the academic staff;

(b) the Director, in any other case.

33. Conditions of service.— (1) Everyemployee of the Academy shall be appointedon contractual basis under a written contract,which shall be lodged with the Academy anda copy of which shall be furnished to theemployee concerned:

Provided that all scientists and otheremployees of the Council of Scientific andIndustrial Research engaged in the serviceof the Academy shall be governed by theservice conditions, rules and regulations ofthe Council of Scientific and IndustrialResearch.

(2) The Academy shall have a flexiblecompensation system which recognisesperformance, as laid down in the Statutes, tobring the best talent in the Academy:

Provided that the scientists of the Councilof Scientific and Industrial Research—

(a) engaged in the service of theAcademy; and

(b) who draw their salary from theCouncil,

shall be eligible for such allowances orhonorarium, as may be determined by theStatute.

34. Arbitration.— (1) Any dispute arisingout of a contract between the Academy andany of its employees shall, at the request ofthe employee concerned or at the instance ofthe Academy, be referred to a Tribunal ofArbitration consisting of one memberappointed by the Director, one membernominated by the employee, and such twoarbitrators shall appoint the third arbitratorwho shall act as the presiding arbitrator.

(2) The arbitration under sub--section (1) shall be governed by theArbitration and Conciliation Act,1996.

35. Resignation, removal and suspensionof Chairperson and other Members orDirector.— (1) The Chairperson or anyMember of the Board other than ex officioMembers of the Board or Director may, bynotice in writing under his hand addressedto the President of the Council of Scientificand Industrial Research, resign his office:

Provided that the Chairperson or suchMember or Director shall, unless he ispermitted by the President of the Council ofScientific and Industrial Research torelinquish his office sooner, continue to holdoffice until the expiry of three months fromthe date of receipt of such notice or until aperson duly appointed as his successor enters

26 of 1996.



95

upon his office or until the expiry of his termof office, whichever is the earliest.

(2) The President of the Council of Scientificand Industrial Research may remove fromoffice the Chairperson or any Member of theBoard or the Director, who—

(a) has been adjudged an insolvent; or

(b) being the Director has engaged atany time, during his term of office, in anypaid employment; or

(c) has been convicted of an offencewhich, in the opinion of the CentralGovernment, involves moral turpitude; or

(d) has become physically or mentallyincapable of acting as such Chairperson orMember or Director; or

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

(f) has acquired such financial or otherinterest as is likely to affect prejudiciallythe exercise of his functions as suchChairperson or Member or Director; or

(g) has so abused his position as torender his continuance in office prejudicialto the public interest; or

(h) has been guilty of provedmisbehaviour; or

(i) has such other disqualifications asmay be prescribed.

(3) Notwithstanding anything contained insub-section (1), the Chairperson or a Memberof the Board or the Director shall not beremoved from his office on the groundsspecified in clause (f) or clause (g) or clause(h) of sub-section (1), except by an ordermade by the President of the Council ofScientific and Industrial Research after aninquiry made in this behalf in which suchChairperson or Member or Director has beeninformed of the charges against him and givena reasonable opportunity of being heard inrespect of those charges.

(4) In the event of inquiry instituted undersub-section (2), the President of the Councilof Scientific and Industrial Research maysuspend such Chairperson or Member orDirector against whom inquiry has beeninstituted for a period not exceeding sixmonths if it is considered necessary in publicinterest.

(5) The President of the Council of Scientificand Industrial Research may, by rules,regulate the procedure for the inquiryreferred to in sub-section (2).

(6) In case any nominated member underclause (k) of sub-section (1) of section 11 inthe Board incurs any of the disqualificationsunder clauses (a) to (i) of sub-section (1), suchnominated member shall not be eligible tobe nominated as such and his nomination asnominated member shall be revoked by thosewho nominated such member.

36. Meetings.— The meetings of the Board,Senate, or other committees constituted bythe Academy may be held usingcontemporary tools of information andcommunication technologies (including video--conferencing) without the membersnecessarily having to be physically present.

37. Vacancies, etc., not to invalidate acts orproceedings of Board, Academy or any otherbody.— No act of the Board or the Academyor any other body set up under this Act orthe Statutes, shall be invalid merely byreason of—

(a) any vacancy in, or defect in theconstitution thereof; or

(b) any defect in the selection,nomination or appointment of a personacting as a member thereof; or

(c) any irregularity in its procedure notaffecting the merits of the case.

38. Power to remove difficulties.— (1) If anydifficulty arises in giving effect to theprovisions of this Act, the Central Government


96

may, by order published in the OfficialGazette, make such provisions, notinconsistent with the provisions of this Act,as appear to it to be necessary or expedientfor, removing the difficulty:

Provided that no such order shall be made

under this section after the expiry of three

years from the commencement of this

Act.

(2) Every order made under sub-section

(1) shall be laid, as soon as may be after it is

made, before each House of Parliament, while

it is in session, for a total period of thirty

days which may be comprised in one session

or in two or more successive sessions, and if,

before the expiry of the session immediately

following the session or the successive

sessions aforesaid, both Houses agree in

making any modification in the order or both

Houses agree that the order should not be

made, the order shall thereafter have effect

only in such modified form or be of no effect,

as the case may be; so, however, that any

such modification or annulment shall be

without prejudice to the validity of anything

previously done under that order.

_________

Notification

10/3/2011-LA/107

The Orissa (Alteration of Name) Act, 2011

(Central Act No. 15 of 2011), which has been

passed by Parliament and assented to by the

President of India on 23-09-2011 and

published in the Gazette of India,

Extraordinary, Part II, Section I dated

23-09-2011, is hereby published for the

general information of the public.



THE ORISSA (ALTERATION OF NAME)ACT, 2011

AN

ACT

to alter the name of the State of Orissa.


1. Short title and commencement.— (1) ThisAct may be called the Orissa (Alteration ofName) Act, 2011.

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

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

(a) “appointed day” means the dateappointed under sub-section (2) of section1 for the coming into force of this Act;

(b) “appropriate Government” means, asrespects a law relating to a matterenumerated in List I in the SeventhSchedule to the Constitution, the CentralGovernment, and as respects any otherlaw, the State Government;

(c) “law” includes any enactment,Ordinance, regulation, order, bye-law, rule,scheme, notification or other instrumenthaving the force of law in the whole or anypart of the State of Orissa.

3. Alteration of name of State of Orissa.—As from the appointed day, the State of Orissashall be known as the State of Odisha.

4. Amendment of article 164.— In article164 of the Constitution, in clause (1), in theproviso, for the word “Orissa”, the word“Odisha” shall be substituted.

5. Amendment of article 273.— In article273, in clause (1), for the word “Orissa”, theword “Odisha” shall be substituted.



97

6. Amendment of First Schedule to the

Constitution.— In the First Schedule to the

Constitution, under the heading “I. THE

STATES”, in entry 10, under the column

“Name”, for the word “Orissa”, the word

“Odisha” shall be substituted.

7. Amendment of Fourth Schedule to the

Constitution.— In the Fourth Schedule to the

Constitution, under the heading “TABLE”, in

entry 14, in the second column, for the word

“Orissa”, the word “Odisha” shall be

substituted.

8. Power to adapt laws.— (1) For the

purpose of giving effect to the alteration of

the name of the State of Orissa by section 3,

the appropriate Government may, before the

expiration of one year from the appointed day,

by order, make such adaptations and

modifications of any law made before the

appointed day, whether by way of repeal or

amendment, as may be necessary or

expedient, and thereupon every such law

shall have effect subject to the adaptations

and modifications so made.

(2) Nothing in sub-section (1) shall be

deemed to prevent a competent Legislature

or other competent authority from repealing

or amending any law adapted or modified by

the appropriate Government under the said

sub-section.

9. Power to construe laws.—

Notwithstanding that no provision or

insufficient provision has been made under

section 8 for the adaptation of a law made

before the appointed day, any court, tribunal

or authority, required or empowered to

enforce such law, may construe the law in

such manner, without affecting the

substance, as may be necessary or proper in

regard to the matter before the court, tribunal

or authority.

10. Legal proceedings.— Where

immediately before the appointed day any

legal proceedings are pending to which the

State of Orissa is a party, the State of Odisha

shall be deemed to have been substituted for

the State of Orissa in those proceedings.________

Notification

10/3/2011-LA/112

The Jawaharlal Institute of Post-GraduateMedical Education and Research,Puducherry (Amendment) Act, 2011 (CentralAct No. 10 of 2011), which has been passedby Parliament and assented to by thePresident of India on 27-08-2011 andpublished in the Gazette of India,Extraordinary, Part II, Section I dated29-08-2011, is hereby published for thegeneral information of the public.


Porvorim, 18th April, 2012.__________

THE JAWAHARLAL INSTITUTE OF POST--GRADUATE MEDICAL EDUCATIONAND RESEARCH, PUDUCHERRY

(AMENDMENT) ACT, 2011

AN

ACT

to amend the Jawaharlal Institute of Post--Graduate Medical Education andResearch, Puducherry Act, 2008.


1. Short title.— (1) This Act may be calledthe Jawaharlal Institute of Post-GraduateMedical Education and Research,Puducherry (Amendment) Act, 2011.


98

2. Amendment of section 28 of Act 19 of

2008.— In section 28 of the Jawaharlal

Institute of Post-Graduate Medical Education

and Research, Puducherry Act, 2008, in

sub-section (1),—

(a) for the words “one year”, at both

the places where they occur, the words

“three and one-half years” shall be

substituted;

(b) in the proviso, for the words

“Provided that”, the following shall be

substituted, namely:—

“Provided that the employees, who

have, or as the case may be, who have

not, exercised their option and not

transferred out of the Institute as on the

date of coming into force of the

Jawaharlal Institute of Post-Graduate

Medical Education and Research,

Puducherry (Amendment) Act, 2011,

may exercise their option afresh before

the specified period:

Provided further that”.______

Notification

10/3/2011-LA/115

The State Bank of India (Subsidiary

Banks) Amendment Act, 2011 (Central Act

No. 7 of 2011), which has been passed by

Parliament and assented to by the President

of India on 01-04-2011 and published in the

Gazette of India, Extraordinary, Part II,

Section I dated 04-04-2011, is hereby

published for the general information of the

public.



38 of 1959.

THE STATE BANK OF INDIA(SUBSIDIARY BANKS)

AMENDMENT ACT, 2011

AN

ACT

further to amend the State Bank of India

(Subsidiary Banks) Act, 1959.

Be it enacted by Parliament in the Sixty-

-second Year of the Republic of India as

follows:—

1. Short title and commencement.— (1)

This Act may be called the State Bank of

India (Subsidiary Banks) Amendment

Act, 2011.

(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

section 2 of the State Bank of India

(Subsidiary Banks) Act, 1959

(hereinafter referred to as the

principal Act),—

(i) in clause (b), sub-clause (ii) shall

be omitted;

(ii) in clause (c), sub-clause (ii) shall

be omitted;

(iii) in clause (d), sub-clause (ii) shall

be omitted.

3. Amendment of section 3.— In section 3

of the principal Act, clause (b) shall be

omitted.



99

Notification

10/3/2011-LA/106

The Transplantation of Human Organs(Amendment) Act, 2011 (Central ActNo. 16 of 2011), which has been passed byParliament and assented to by the President ofIndia on 27-9-2011 and published in theGazette of India, Extraordinary, Part II, SectionI dated 28-9-2011, is hereby published for thegeneral information of the public.



THE TRANSPLANTATION OF HUMANORGANS (AMENDMENT) ACT, 2011

AN

ACT

to amend the Transplantation of HumanOrgans Act, 1994.

Whereas it is expedient to amend the saidlaw enacted by Parliament relating toregulation of removal, storage andtransplantation of human organs fortherapeutic purposes and for prevention ofcommercial dealings in human organs;

And whereas Parliament has no power tomake or amend laws for the States with respectto any of the matters aforesaid except asprovided in articles 249 and 250 of theConstitution;

And whereas in pursuance of clause (1) ofarticle 252 of the Constitution, resolutions havebeen passed by all the Houses of theLegislatures of the States of Goa, HimachalPradesh and West Bengal to the effect that theaforesaid Act should be amended byParliament;


1. Short title, application andcommencement.— (1) This Act may be calledthe Transplantation of Human Organs(Amendment) Act, 2011.

(2) It applies, in the first instance, to thewhole of the States of Goa, Himachal Pradeshand West Bengal and to all the Union territoriesand it shall also apply to such other State whichadopts this Act by resolution passed in thatbehalf under clause (1) of article 252 of theConstitution.

(3) It shall come into force in the States ofGoa, Himachal Pradesh and West Bengal andin all the Union territories on such date as theCentral Government may, by notification,appoint and in any other State which adoptsthis Act under clause (1) of article 252 of theConstitution on the date of such adoption; andany reference in this Act to the commencementof this Act shall, in relation to any State orUnion territory, means the date on which thisAct comes into force in such State or Unionterritory.

2. Amendment of long title.— Inthe Transplantation of HumanOrgans Act, 1994 (hereinafterreferred to as the principal Act), inthe long title, for the words “humanorgans for therapeutic purposes andfor the prevention of commercialdealings in human organs”, thewords “human organs and tissuesfor therapeutic purposes and for theprevention of commercial dealingsin human organs and tissues” shallbe substituted.

3. Amendment of section 1.— In section 1 ofthe principal Act, in sub-section (1), for thewords “Human Organs”, the words “HumanOrgans and Tissues” shall be substituted.

4. Substitution of references to certainexpressions by certain other expressions.—Throughout the principal Act [except clause(h) of section 2, sub-section (5) of section 9,sub-section (1) of section 18 and section 19],unless otherwise expressly provided, for the

42 of 1994.


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words “human organ” and “human organs’,wherever they occur, the words “human organor tissue or both” and “human organs ortissues or both” shall respectively besubstituted with such consequentialamendments as the rules of grammar mayrequire.

5. Amendment of section 2.— In section 2 ofthe principal Act,—

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

‘(ha) “Human Organ Retrieval Centre”means a hospital,—

(i) which has adequate facilities fortreating seriously ill patients who can bepotential donors of organs in the event ofdeath; and

(ii) which is registered under sub--section (1) of section 14 for retrieval ofhuman organs;

(hb) “minor” means a person who has notcompleted the age of eighteen years;’;

(b) for clause (i), the following clause shallbe substituted, namely:—

‘(i) “near relative” means spouse, son,daughter, father, mother, brother, sister,grandfather, grandmother, grandson orgranddaughter;’;

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

(d) after clause (o), the following clausesshall be inserted, namely:—

‘(oa) “tissue” means a group of cells,except blood, performing a particularfunction in the human body;

(ob) "Tissue Bank" means a facilityregistered under section 14A for carryingout any activity relating to the recovery,

screening, testing, processing, storage anddistribution of tissues, but does not includea Blood Bank;’;

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

‘(q) “transplant co-ordinator” means aperson appointed by the hospital forco-ordinating all matters relating to removalor transplantation of human organs ortissues or both and for assisting the authorityfor removal of human organs in accordancewith the provisions of section 3.’.


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

“(1A) For the purpose of removal, storageor transplantation of such human organs ortissues or both, as may be prescribed, it shallbe the duty of the registered medicalpractitioner working in a hospital, inconsultation with transplant co-ordinator, ifsuch transplant co-ordinator is available,—

(i) to ascertain from the personadmitted to the Intensive Care Unit or fromhis near relative that such person hadauthorised at any time before his deaththe removal of any human organ or tissueor both of his body under sub-section (2),then the hospital shall proceed to obtainthe documentation for such authorisationin such manner as may be prescribed;

(ii) where no such authority as referredto in sub-section (2) was made by suchperson, to make aware in such manneras may be prescribed to that person ornear relative for option to authorise ordecline for donation of human organs ortissues or both;

(iii) to require the hospital to inform inwriting to the Human Organ RetrievalCentre for removal, storage or



101

transplantation of human organs ortissues or both, of the donor identified inclauses (i) and (ii) in such manner as maybe prescribed.

(1B) The duties mentioned under clauses(i) to (iii) of sub-section (1A) from such date,as may be prescribed, shall also apply in thecase of registered medical practitionerworking in an Intensive Care Unit in ahospital which is not registered under thisAct for the purpose of removal, storage ortransplantation of human organs or tissuesor both.”;

(b) in sub-section (4), the following provisoshall be inserted, namely:—

“Provided that a technician possessingsuch qualifications and experience, as maybe prescribed, may enucleate a cornea.”;

(c) in sub-section (6), in clause (iii),—

(i) the word “and” shall be omitted; and

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

“Provided that where a neurologist ora neurosurgeon is not available, theregistered medical practitioner maynominate an independent registeredmedical practitioner, being a surgeon ora physician and an anaesthetist orintensivist subject to the condition thatthey are not members of thetransplantation team for the concernedrecipient and to such conditions as maybe prescribed;”.


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

‘(1A) Where the donor or the recepientbeing near relative is a foreign national,prior approval of the AuthorisationCommittee shall be required before

removing or transplanting human organ ortissue or both:

Provided that the AuthorisationCommittee shall not approve such removalor transplantation if the recipient is a foreignnational and the donor is an Indian nationalunless they are near relatives.

(1B) No human organs or tissues or bothshall be removed from the body of a minorbefore his death for the purpose oftransplantation except in the manner as maybe prescribed.

(1C) No human organs or tissues or bothshall be removed from the body of a mentallychallenged person before his death for thepurpose of transplantation.

Explanation.— For the purpose of thissub-section,—

(i) the expression “mentally challengedperson” includes a person with mentalillness or mental retardation, as the casemay be;

(ii) the expression “mental illness”includes dementia, schizophrenia and suchother mental condition that makes a personintellectually disabled;

(iii) the expression “mentalretardation” shall have the samemeaning as assigned to it inclause (r) of section 2 of thePersons with Disabilities (EqualOpportunities, Protection ofRights and Full Participation)Act, 1995.’;

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

“(3A) Notwithstanding anything con-tained in sub-section (3), where—

(a) any donor has agreed to make adonation of his human organ or tissue or

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both before his death to a recipient, whois his near relative, but such donor is notcompatible biologically as a donor for therecipient; and

(b) the second donor has agreed tomake a donation of his human organ ortissue or both before his death to suchrecipient, who is his near relative, butsuch donor is not compatible biologicallyas a donor for such recipient; then

(c) the first donor who is compatiblebiologically as a donor for the secondrecipient and the second donor iscompatible biologically as a donor of ahuman organ or tissue or both for the firstrecipient and both donors and bothrecipients in the aforesaid group of donorand recipient have entered into a singleagreement to donate and receive suchhuman organ or tissue or both accordingto such biological compatibility in thegroup,

the removal and transplantation of the humanorgan or tissue or both, as per the agreementreferred to above, shall not be done withoutprior approval of the AuthorisationCommittee.”;

(c) for sub-section (4), the followingsub-section shall be substituted, namely:—

“(4) (a) The composition of theAuthorisation Committees shall be suchas may be prescribed by the CentralGovernment from time to time.

(b) The State Government and theUnion territories shall constitute, bynotification, one or more AuthorisationCommittees consisting of such membersas may be nominated by the StateGovernments and the Union territories onsuch terms and conditions as may bespecified in the notification for thepurposes of this section.”.

8. Amendment of section 10.— In section 10of the principal Act, in sub-section (1),—

(a) in clause (b), the word “and”occurring at the end shall be omitted;

(b) in clause (c), the word “and” shall beinserted at the end;

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

“(d) no Tissue Bank, unless registeredunder this Act, shall carry out any activityrelating to the recovery, screening,testing, processing, storage anddistribution of tissues.”.

9. Amendment of section 13.— In section 13of the principal Act, in sub-section (3),—

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

“(iii) to enforce such standards, as maybe prescribed,—

(A) for hospitals engaged in theremoval, storage or transplantation of anyhuman organ;

(B) for Tissue Banks engaged inrecovery, screening, testing, processing,storage and distribution of tissues;”;

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

“(iva) to inspect Tissue Banks periodically;”.

10. Insertion of new sections 13A, 13B, 13Cand 13D.— After section 13 of the principal Act,the following sections shall be inserted,namely:—

“13A. Advisory Committees to adviseAppropriate Authority.— (1) The CentralGovernment and the State Governments, asthe case may be, by notification, shallconstitute an Advisory Committee for aperiod of two years to aid and advise theAppropriate Authority to discharge itsfunctions.



103

(2) The Advisory Committee shall consistof—

(a) one administrative expert not belowthe rank of Secretary to the StateGovernment, to be nominated asChairperson of the Advisory Committee;

(b) two medical experts having suchqualifications as may be prescribed;

(c) one officer not below the rank of aJoint Director to represent the Ministryor Department of Health and FamilyWelfare, to be designated as Member--Secretary;

(d) two eminent social workers of highsocial standing and integrity, one ofwhom shall be from amongstrepresentatives of women’s organisation;

(e) one legal expert who has held theposition of an Additional District Judge orequivalent;

(f) one person to represent non--governmental organisations orassociations which are working in thefield of organ or tissue donations orhuman rights;

(g) one specialist in the field of humanorgan transplantation, provided he is nota member of the transplantation team.

(3) The terms and conditions forappointment to the Advisory Committeeshall be such as may be prescribed by theCentral Government.

13B. Powers of AppropriateAuthority.— The AppropriateAuthority shall for the purposesof this Act have all the powers ofa civil court trying a suit underthe Code of Civil Procedure, 1908and, in particular, in respect ofthe following matters, namely:—

(a) summoning of any person who is inpossession of any information relating to

violation of the provisions of this Act orthe rules made thereunder;

(b) discovery and production of anydocument or material object;

(c) issuing search warrant for anyplace suspected to be indulging inunauthorised removal, procurement ortransplantation of human organs ortissues or both; and

(d) any other matter which may beprescribed.

13C. National Human Organs and TissuesRemoval and Storage Network.— TheCentral Government may, by notification,establish a National Human Organs andTissues Removal and Storage Network atone or more places and Regional Networkin such manner and to perform suchfunctions, as may be prescribed.

13D. National registry.— The CentralGovernment shall maintain a nationalregistry of the donors and recipients ofhuman organs and tissues and such registryshall have such information as may beprescribed to an ongoing evaluation of thescientific and clinical status of human organsand tissues.”.

11. Amendment of section 14.— In section14 of the principal Act,—

(a) in sub-section (1), for the words “Nohospital”, the words “No hospital (includingHuman Organ Retrieval Centre)” shall besubstituted;

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

“(4) No hospital shall be registeredunder this Act, unless the AppropriateAuthority is satisfied that such hospitalhas appointed a transplant co-ordinatorhaving such qualifications andexperience as may be prescribed.”.

5 of 1908.


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12. Insertion of new section 14A.— Aftersection 14 of the principal Act, the followingsection shall be inserted, namely:—

“14A. Registration of Tissue Bank.— (1)No Tissue Bank shall, af ter thecommencement of the Transplantation ofHuman Organs (Amendment) Act, 2011,commence any activity relating to therecovery, screening, testing, processing,storage and distribution of tissues unless itis duly registered under this Act:

Provided that any facility engaged, eitherpartly or exclusively, in any activity relatingto the recovery, screening, testing,processing, storage and distribution oftissues immediately before thecommencement of the Transplantation ofHuman Organs (Amendment) Act, 2011,shall apply for registration as Tissue Bankwithin sixty days from the date of suchcommencement:

Provided further that such facility shallcease to engage in any such activity on theexpiry of three months from the date ofcommencement of the Transplantation ofHuman Organs (Amendment) Act, 2011,unless such Tissue Bank has applied forregistration and is so registered, or till suchapplication is disposed of, whichever isearlier.

(2) Every application for registrationunder sub-section (1) shall be made to theAppropriate Authority in such form and insuch manner and shall be accompanied bysuch fees as may be prescribed.

(3) No Tissue Bank shall be registeredunder this Act unless the Appropriateauthority is satisfied that such Tissue Bankis in a position to provide such specialisedservices and facilities, possess such skilledmanpower and equipments and maintainsuch standards as may be prescribed.”.

13. Amendment of section 15.— In section15 of the principal Act, in sub-section (1), forthe words “grant to the hospital”, the words“grant to the hospital or to the Tissue Bank, asthe case may be,” shall be inserted.

14. Amendment of section 16.— In section16 of the principal Act, for the word “hospital”,wherever it occurs, the words “hospital orTissue Bank, as the case may be,” shall besubstituted.

15. Amendment of section 17.— In section

17 of the principal Act, after the words,

brackets and figure “under sub-section (6) of

section 9, or any hospital”, the words “or

Tissue Bank, as the case may be,” shall be

inserted.


(a) in sub-section (1), for the words “five

years and with fine which may extend to ten

thousand rupees”, the words “ten years and

with fine which may extend twenty lakh

rupees” shall be substituted;

(b) in sub-section (2), for the words “two

years”, the words “three years” shall be

substituted.

(c) after sub-section (2), the followingsub-section shall be inserted, namely:—

“(3) Any person who renders his servicesto or at any hospital and who conducts, orassociates with or helps in any manner inthe removal of human tissues withoutauthority, shall be punishable withimprisonment for a term which may extendto three years and with fine which mayextend to five lakh rupees.”.


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

“(g) abets in the preparation orsubmission of false documents includinggiving false affidavits to establish that thedonor is making the donation of the humanorgans, as a near relative or by reason of



105

affection or attachment towards therecipient.”;

(b) for the words “two years but whichmay extend to seven years and shall be liableto fine which shall not be less than tenthousand rupees but may extend to twentythousand rupees”, the words “five years butwhich may extend to ten years and shall beliable to fine which shall not be less thantwenty lakh rupees but may extend to onecrore rupees” shall be substituted;

(c) the proviso shall be omitted.

18. Insertion of new section 19A.— Aftersection 19 of the principal Act, the followingsection shall be inserted, namely:—

“19A. Punishment for illegal dealings inhuman tissues.— Whoever—

(a) makes or receives any payment forthe supply of, or for an offer to supply, anyhuman tissue; or

(b) seeks to find person willing tosupply for payment and human tissue; or

(c) offers to supply any human tissuefor payment; or

(d) initiates or negotiates anyarrangement involving the making of anypayment for the supply of, or for an offerto supply, any human tissue; or

(e) takes part in the management or

control of a body of persons, whether a

society, firm or company, whose activities

consist of or include the initiation or

negotiation of any arrangement referred

to in clause (d); or

(f) publishes or distributes or causesto be published or distributed anyadvertisement—

(i) inviting persons to supply forpayment of any human tissue; or

(ii) offering to supply any humantissue for payment; or

(iii) indicating that the advertiser iswilling to initiate or negotiate anyarrangement referred to in clause (d);or

(g) abets in the preparation orsubmission of false documents includinggiving false affidavits to establish that thedonor is making the donation of thehuman tissues as a near relative or byreason of affection or attachment towardsthe recipient,

shall be punishable with imprisonment for aterm which shall not be less than one year butwhich may extend to three years and shallbe liable to fine which shall not be less thanfive lakh rupees but which may extend totwenty-five lakh rupees.”.

19. Amendment of section 20.— In section

20 of the principal Act, for the words “three

years or with fine which may extend to five

thousand rupees”, the words “five years or

with fine which may extend to twenty lakh

rupees” shall be substituted.

20. Amendment of section 24.— In section24 of the principal Act, in sub-section (2),—

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

“(aa) the human organs or tissues or both

in respect of which duty is cast on

registered medical practitioner, the manner

of obtaining documentation for

authorisation under clause (i) of sub-section

(1A) of section 3;

(ab) the manner of making the donor orhis relative aware under clause (ii) ofsub-section (1A) of section 3;

(ac) the manner of informing the Human

Organ Retrieval Centre under clause (iii) of

sub-section (1A) of section 3;


106

(ad) the date from which dutiesmentioned in sub-section (1A) areapplicable to registered medical practitionerworking in an unregistered hospital undersub-section (1B) of section 3;

(ae) the qualifications and experienceof a technician under the proviso tosub-section (4) of section 3;”;

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

“(ba) the conditions for nomination of asurgeon or a physician and an anaesthetistor intensivist to be included in the Board ofmedical experts under the proviso to clause(iii) of sub-section (6) of section 3;”;

(c) after clause (e), the following clausesshall be inserted, namely:—

“(ea) the manner of removal of humanorgans or tissues or both from the body of aminor before his death for transplantationunder sub-section (1B) of section 9;

(eb) the composition of the AuthorisationCommittees under sub-section (4) of section9;”;

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

“(ia) the qualifications of medical expertsand the terms and conditions forappointment to Advisory Committee undersub-sections (2) and (3) of section 13A;

(ib) the power of the AppropriateAuthority in any other matter under clause(d) of section 13B;

(ic) the manner of establishment of aNational Human Organs and TissuesRemoval and Storage Network and RegionalNetwork and functions to be performed bythem under section 13C;

(id) the information in the nationalregistry of the donors and recipients ofhuman organs and tissues and allinformation under section 13D;”;

(e) after clause (k), the following clausesshall be inserted, namely:—

“(ka) the qualifications and experience ofa transplant co-ordinator under sub-section(4) of section 14;

(kb) the form and the manner in whichan application for registration shall be made,and the fee which shall be accompanied,under sub-section (2) of section 14A;

(kc) the specialised services and thefacilities to be provided, skilled manpowerand the equipments to be possessed andthe standards to be maintained by aTissue Bank, under sub-section (3) ofsection 14A;”;

(f) in clause (l), for the word “hospital”, thewords “hospital or Tissue Bank” shall besubstituted.

___________

Notification

10/3/2011-LA/110

The Juvenile Justice (Care and Protectionof Children) Amendment Act, 2011 (CentralAct No. 12 of 2011), which has been passedby Parliament and assented to by the Presidentof India on 7-9-2011 and published in theGazette of India, Extraordinary, Part II,Section I dated 8-9-2011, is hereby publishedfor the general information of the public.



THE JUVENILE JUSTICE (CARE ANDPROTECTION OF CHILDREN)

(AMENDMENT) ACT, 2011

AN

ACT

further to amend the Juvenile Justice (Careand Protection of Children) Act, 2000.



107


1. Short title and commencement.— (1) ThisAct may be called the Juvenile Justice(Care and Protection of Children) AmendmentAct, 2011.


2. Amendment of section 48.— Inthe Juvenile Justice (Care andProtection of Children) Act, 2000(hereinafter referred to as theprincipal Act), in section 48, sub--section (2) shall be omitted.

3. Substitution of new section for section58.— For section 58 of the principal Act, thefollowing section shall be substituted,namely:—

‘58. Transfer of juvenile or childas are mentally ill or addicted toalcohol or other drugs.— (1) Whereit appears to the competentauthority that any juvenile or childkept in a special home or anobservation home or a children’shome or a shelter home or in aninstitution in pursuance of this Act,is a mentally ill person or addictedto alcohol or other drugs whichlead to behavioural changes in aperson, the competent authoritymay order his removal to apsychiatric hospital or psychiatricnursing home in accordance withthe provisions of the Mental HealthAct, 1987 or the rules madethereunder.

(2) In case the juvenile or child had been

removed to a psychiatric hospital or psychiatric

nursing home under sub-section (1), the

competent authority may, on the basis of the

advice given in the certificate of discharge of

the psychiatric hospital or psychiatric nursing

home, order to remove such juvenile or child

to an Integrated Rehabilitation Centre for

Addicts or similar centres maintained by the

State Government for mentally ill persons

(including the persons addicted to any

narcotic drug or psychotropic substance) and

such removal shall be only for the period

required for the in-patient treatment of such

juvenile or child.

Explanation.— For the purposes of thissub-section,—

(a) “Integrated Rehabilitation Centre for

Addicts” shall have the meaning assigned

to it under the scheme called “Central

Sector Scheme of Assistance for Prevention

of Alcoholism and Substance (Drugs) Abuse

and for Social Defence Services” made by

the Government of India in the Ministry of

Social Justice and Empowerment or any

other corresponding scheme for the time

being in force;

(b) “mentally ill person” shall

have the meaning assigned to it

in clause (l) of section 2 of the

Mental Health Act, 1987;

(c) “psychiatric hospital” or

“psychiatric nursing home” shall

have the meaning assigned to it

in clause (q) of section 2 of the

Mental Health Act, 1987.’.

__________

Notification

10/3/2011-LA/111

The Coinage Act, 2011 (Central Act No. 11of 2011), which has been passed by Parliamentand assented to by the President of India on1-9-2011 and published in the Gazette ofIndia, Extraordinary, Part II, Section I dated2-9-2011, is hereby published for the generalinformation of the public.



56 of 2000.

14 of 1987.

14 of 1987.

14 of 1987.


108

THE COINAGE ACT, 2011

Arrangement of Sections

CHAPTER I

PreliminarySections

1. Short title, extent and commencement.2. Definitions.

CHAPTER II

Establishment of Mints

3. Power to establish and abolish Mints.

CHAPTER III

Coinage

4. Denominations, dimensions, designs and com-position of coins.

5. Standard weight and remedy.6. Coin when a legal tender.7. Decimal system of coinage.8. Power to call in coin.

CHAPTER IV

Diminished, Defaced and Counterfeit Coins

9. Power to certain persons to cut diminished ordefaced coins.

10. Power to certain persons to cut counterfeit coins.11. Power of Mint to delegate its functions.

CHAPTER V


12. Prohibition of making or melting or destructionof coins.

13. Penalty for contravention of section 12.14. Prohibition and penalty for unlawful making,

issue or possession of pieces of metal to be usedas money.

15. Prohibition and penalty for bringing metal piecefor use as coin.

16. Offences by companies.

CHAPTER VI

Miscellaneous

17. Forfeiture.18. Probation of Offenders Act, 1958 not to apply to

offences under this Act.19. Offences to be cognizable, bailable and non-

-compoundable.

Sections20. Amendment of Act 2 of 1934.21. Offences may be tried summarily.22. Protection of action taken in good faith.23. Power to remove difficulties.24. Power to make rules.25. Rules to be laid before Parliament.26. Saving of making other coins at Mints.27. Repeal and savings.28. Continuance of existing coins.

__________

THE COINAGE ACT, 2011

AN

ACT

to consolidate the laws relating to coinage andthe Mints, the protection of coinage and toprovide for the prohibition of melting ordestruction of coins and prohibit the makingor the possession thereof for issue and formatters connected therewith or incidentalthereto.


CHAPTER I

Preliminary

1. Short title, extent and commencement.—(1) This Act may be called the Coinage Act,2011.

(2) It extends to the whole of India.


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

(a) “coin” means any coin which is madeof any metal or any other material stampedby the Government or any other authorityempowered by the Government in thisbehalf and which is a legal tender includingcommemorative coin and Government ofIndia one rupee note.



109

Explanation.— For the removal of doubts,it is hereby clarified that a “coin” does notinclude the credit card, debit card, postalorder and e-money issued by any bank, postoffice or financial institution;

(b) “commemorative coin” means anycoin stamped by the Government or anyother authority empowered by theGovernment in this behalf to commemorateany specific occasion or event andexpressed in Indian currency;

(c) “deface” means any type of clipping,filing, stamping, or such other alteration ofthe surface or shape of a coin as is readilydistinguishable from the effects ofreasonable wear;

(d) “Government” means the CentralGovernment;

(e) “issue” means to put a coin intocirculation for use as money;

(f) “metal” means any metal, base metal,alloy, gold, silver or any other materialwhich may be prescribed by theGovernment for the purpose of any coin;

(g) “Mint” means the SecurityPrinting and Minting Corporationof India Limited formed andincorporated under theCompanies Act, 1956 or any otherorganisation established by orunder the authority of theGovernment to make a coin bystamping metal;

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

(i) “per cent.” means the percentage ofmetals prescribed for any coin;

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

(k) “remedy” means variation from thestandard weight and fineness;

(l) “standard weight” means the weightprescribed for any coin.

CHAPTER II

Establishment of Mints

3. Power to establish and abolish Mints.—The Government may, by notification,—

(a) establish a Mint at any place whichmay be managed by it or by any otherperson, which may be authorised for thispurpose:

Provided that the Mints established beforethe commencement of this Act shall bedeemed to have been established by theGovernment under this section:

Provided further that where theGovernment is of the opinion that it isnecessary or expedient in the publicinterest so to do, it may authorise the mintingof coins by any organisation or Governmentof any foreign country, within or beyond thelimits of India and acquire such coins eitherby way of import or otherwise for issueunder its authority;

(b) abolish any Mint.

CHAPTER III

Coinage

4. Denominations, Dimensions, designs andcomposition of coins.— Coins may be mintedat the Mints or at any other place authorisedunder the proviso to section 3 of suchdenominations not higher than one thousandrupees and of such dimensions and designsand containing such metals or mixed metalsof such composition or any other material asmay be prescribed by the Government.

5. Standard weight and remedy.— Thestandard weight of the coin of anydenomination, minted under the provisions ofsection 4, and the remedy allowed in makingof such coins, shall be such as may beprescribed in this behalf by the Governmentfrom time to time.

6. Coin when a legal tender.— (1) The coinsissued under the authority of section 4 shall

1 of 1956.


110

be a legal tender in payment or on account, incase of—

(a) a coin of any denomination not lowerthan one rupee, for any sum not exceedingone thousand rupees;

(b) a half-rupee coin, for any sum notexceeding ten rupees;

(c) any other coin, for any sum notexceeding one rupee:

Provided that the coin has not been defacedand has not lost weight so as to be less thansuch weight as may be prescribed in its case.

(2) All new coins in the naya paisa

series, designated as such under the

notification of the Government of

India in the Ministry of Finance,

Department of Economic Affairs,

Number S.R.O. 1120, dated the 11th

May, 1956 issued prior to the

commencement of the Indian

Coinage (Amendment) Act, 1964,

shall continue to be a legal tender

in payment or on account, in case

of,—

(a) a half-rupee or fifty naye paise coin,for any sum not exceeding ten rupees;

(b) any other coin, for any sum notexceeding one rupee.

7. Decimal system of coinage.— (1) Therupee shall be divided into one hundred unitsand any such unit may be designated by theGovernment, by notification, under such nameas it thinks fit.

(2) All references in any enactment or in anynotification, rule or order under any enactmentor in any contract, deed or other instrumentto any value expressed in annas, paisa andpies shall be construed as references to thatvalue expressed in units referred to insub-section (1) converted thereto at the rateof sixteen anna, sixty-four paise or one

hundred and ninety-two pies to one hundredunits referred to in sub-section (1).

(3) All references in any enactment or in anynotification, rule or order under any enactmentor in any contract, deed or other instrumentto any value in naya paisa or naye paise shallbe construed as references to that valueexpressed respectively in units referred to insub-section (1).

8. Power to call in coin.— Notwithstandinganything contained in section 6, theGovernment may, by notification, call in witheffect from such date as may be specified inthe notification, any coin, of whatever date ordenomination and on and from the date sospecified, such coin shall cease to be a legaltender, save to such extent as may bespecified in the notification.

CHAPTER IV

Diminished, Defaced and Counterfeit Coins

9. Power to certain persons to cut diminishedor defaced coins.— (1) Where any coin whichhas been minted and issued by or under theauthority of the Government is tendered to anyperson authorised by it to act under thissection, and such person has reason to believethat the coin—

(a) has been diminished in weight so asto be more than such per cent. belowstandard weight as provided in section 5;or

(b) has been defaced,

he shall, by himself or through another person,cut or break the coin.

(2) A person cutting or breaking coin underthe provisions of clause (a) of sub-section (1)shall receive and pay for the coin at its facevalue.

(3) A person cutting or breaking coin underthe provisions of clause (b) of sub-section (1)shall observe the following procedure,namely:—

17 of 1964.



111

(a) if such person has reason to believe,that the coin has been fraudulently defaced,he shall return the pieces to the persontendering the coin, who shall bear the losscaused by such cutting or breaking;

(b) if such person has reason to believe,that the coin has not been fraudulentlydefaced, he shall receive and pay for the coinat its face value.

10. Power to certain persons to cutcounterfeit coins.— Where any coin minted orissued by or under the authority of theGovernment is tendered to any personauthorised by the Government under section9 and such person has reason to believe thatthe coin is counterfeit, he shall by himself orthrough another person cut or break the coinand the tenderer shall bear the loss caused bysuch cutting or breaking.

11. Power of Mint to delegate its functions.—The Mint may in writing authorise any otherorganisation of the Government to meltwithdrawn coins or take any help of suchorganisation for the said purpose.

Explanation.— For the purposes of thissection “organisation” means anyGovernment industrial unit or public sectorundertaking possessing melting facilities.

CHAPTER V


12. Prohibition of making or melting ordestruction of coins.— (1) No person shall—

(i) use any metal piece as coin whetherstamped or unstamped, intended to be usedas money except by the authority of theGovernment, or

(ii) melt or destroy any coin, or

(iii) use coin other than as a medium ofexchange, or

(iv) have in his possession, custody orcontrol,—

(a) any melted coin, whether in themolten state or in a solid state, or

(b) any coin in a destroyed or mutilatedstate, or

(c) coins substantially in excess of hisreasonable requirements for the purposeof selling such coins for value other thantheir face value or for melting or fordestroying or for disposing these coinsother than as a medium of exchange.

Explanation.— For the purposes ofdetermining the reasonable requirementsof coins of a person, due regard shall behad to—

(i) his total daily requirements ofcoins;

(ii) the nature of his business,occupation or profession;

(iii) the mode of his acquisition ofcoins; and

(iv) the manner in which, and theplace at which, such coins are beingpossessed, held or controlled by him.

(2) Whoever is found to be in possession ofany metal or material which contains alloysin the same proportions in which they havebeen used in the manufacture of any coinshall be presumed, until the contrary isproved, to have contravened the provisions ofsub-section (1).

(3) Nothing in this section shall apply—

(i) to any person who is found inpossession of any metal or scraps or scissel,etc., of non-recyclable coinage metal, whichhe may so possess as a result of validdisposal by auctions by a Mint;

(ii) to the Mint, Reserve Bank of India andits authorised agents, and suppliers of coinsor coin blanks to the extent of orders placedby or under the authority of the Governmentuntil their supply or completion of ordersplaced by the Government;


112

(iii) to any prospective supplier whointends to supply coin or coin blanks assamples against a valid tender documentspurchased by him provided that quantity isin reasonable agreement with quantity ofsamples to be supplied.

13. Penalty for contravention of section 12.—Whoever contravenes any provisions ofsection 12 shall be punishable withimprisonment which may extend to sevenyears and with fine.

14. Prohibition and penalty for unlawfulmaking, issue or possession of pieces of metalto be used as money.— (1) No person shall—

(a) make or issue or attempt to issue anymetal piece except as provided undersection 4 for the purpose of coin;

(b) possess, custody or control of anymetal piece with the intent to issue the piecefor use as money for a medium of exchange.

(2) Whoever contravenes the provisions ofsub-section (1) shall be punishable withimprisonment which may extend to one yearor with fine or with both.

Provided that if any person convicted underthis section is again convicted, he shall bepunishable with imprisonment which mayextend to three years or with fine or withboth.

15. Prohibition and penalty for bringingmetal piece for use as coin.— (1) No personshall bring by sea or by land or by air into Indiaof any piece of metal to be used as coin exceptwith the authority or permission of theGovernment.

(2) Whoever contravenes the provisions ofsub-section (1) shall be punishable withimprisonment which may extend to sevenyears and with fine.

16. Offences by companies.— (1) Where anoffence under this Act has been committed by

a company, every person who at the time theoffence was committed was in charge of, andwas responsible to, the company for theconduct of its business, shall be deemed to beguilty of the offence and shall be liable to beproceeded against and punished accordingly:

Provided that nothing contained in thissub-section shall render any person liable toany punishment, if he proves that the offencewas committed without his knowledge or thathe exercised all due diligence to prevent thecommission of such offence.

(2) Notwithstanding, anything contained insub-section (1), where any offence under thisAct has been committed by a company and itis proved that the offence has been committedwith the consent or connivance of, or isattributable to, any neglect on the part of anydirector, manager, secretary or other officer,such director, manager, secretary or otherofficer of the company shall be deemed to beguilty of that offence and shall be liable to beproceeded against and punished accordingly.

Explanation.— For the purposes of thissection,—

(a) “company” means any bodycorporate and includes a firm, society orother association of individuals; and

(b) “director”, in relation to—

(i) a firm, means a partner or proprietorof the firm;

(ii) a society or other association ofindividuals, means the person who isentrusted, under the rules of the societyor other association, with themanagement of the affairs of the societyor other association of the individuals, asthe case may be.

CHAPTER VI

Miscellaneous

17. Forfeiture.— Any coin or metal in relationto which any offence under this Act has beencommitted shall be forfeited to theGovernment.



113

18. Probation of Offenders Act,1958 not to apply to offences underthis Act.— Nothing in the Probationof Offenders Act, 1958 shallapply to offences under this Act.

19. Offences to be cognizable,bailable and non-compoundable.—Notwithstanding anythingcontained in the Code of CriminalProcedure, 1973, offences under thisAct shall be cognizable and bailable,but shall not be compoundable.

20. Amendment of Act 2 of 1934.— In theReserve Bank of India Act, 1934,—

(i) in section 2, in clause (d), forthe words and figures “the IndianCoinage Act, 1906”, the words andfigures “the Coinage Act, 2011”shall be substituted;

(ii) in section 39, for the words andfigures “the Indian Coinage Act,1906”, at both the places where theyoccur, the words and figures “theCoinage Act, 2011” shall besubstituted.

21. Offences may be triedsummari ly.—Notwithstandinganything contained in section 260 ofthe Code of Criminal Procedure,1973, offences under this Act maybe tried summarily by a JudicialMagistrate of the first class or aMetropolitan Magistrate.

22. Protection of action taken in good faith.—No suit or other legal proceedings shall lieagainst any person in respect of anythingwhich is in good faith done, or intended to bedone, under or in pursuance of the provisionsof this Act.

23. Power to remove difficulties.— (1) If anydifficulty arises in giving effect to theprovisions of this Act, the Government may,by order published in the Official Gazette, make

such provisions, not inconsistent with theprovisions of this Act as may appear it to benecessary or expedient for removing thedifficulty:

Provided that no such order shall be madeunder this section after the expiry of five yearsfrom the commencement of this Act.

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

24. Power to make rules.— (1) TheGovernment may, by notification, make rulesto carry out the purposes 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 use of metal for the purposeof making any coin under clause (f) ofsection 2;

(b) the per cent. of metals for any coinunder clause (i) of section 2;

(c) the standard weight for any coin underclause (l) of section 2;

(d) the dimensions, designs, metals,mixed metals or their composition, for coinsunder section 4;

(e) the standard weight of coins and theremedy allowed in making such coins undersection 5.

25. Rules to be laid before Parliament.—Every rule made under this Act shall be laid,as soon as may be after it is made, before eachHouse of Parliament, while it is in session for atotal 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 modification

20 of 1958.

2 of 1974.

3 of 1906.

2 of 1974.

3 of 1906.


114

in 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.

26. Saving of making other coins at Mints.—Nothing in this Act shall be deemed to prohibitor restrict the making at any Mint in India ofcoins intended for issue as money by theforeign Government of any territories beyondthe limits of India.

27. Repeal and savings.— (1) The followingenactments are hereby repealed—

(a) the Metal Tokens Act, 1889;(b) the Coinage Act, 1906;(c) the Bronze Coin (Legal

Tender) Act, 1918;(d) the Currency Ordinance,

1940;(e) the Small Coins (Offences)

Act, 1971.

(2) The repeal by this Act of the enactmentsand Ordinance specified in sub-section (1)shall not—

(a) affect any other enactment in whichthe repealed enactment or Ordinance hasbeen applied, incorporated or referred to;

(b) affect the validity, invalidity, effect orconsequences of anything already done orsuffered, or any right, title, obligation orliability already acquired, accrued orincurred or any remedy or proceeding inrespect thereof, or any release or dischargeof or from any debt, penalty, obligation,liability, claim or demand, or any indemnityalready granted, or the proof of any past actor thing;

(c) affect any principle or rule of law, orestablished jurisdiction, form or course ofpleading, practice or procedure, or existingusage, custom, privilege, restriction,exemption, office or appointment,

notwithstanding that the same respectivelymay have been in any manner affirmed orrecognised or derived by, in or from anyenactment or Ordinance hereby repealed;

(d) revive or restore any jurisdiction,office, custom, liability, right, title, privilege,restriction, exemption, usage, practice,procedure or other matter or thing not nowexisting or in force.

(3) The mention of particularmatters in sub-section (1) shall notbe held to prejudice or affect thegeneral application of section 6 ofthe General Clauses Act, 1897, withregard to the effect of repeals.

28. Continuance of existing coins.—Notwithstanding the repeal of the enactmentsand the Ordinance specified in sub-section (1)of section 27,—

(a) all coins issued under the saidenactments; and

(b) Government of India onerupee note issued under theCurrency Ordinance, 1940,

which are legal tender immediately before thecommencement of the Coinage Act, 2011 shallbe deemed to be the coin and continue to belegal tender in payment or on account underthe corresponding provisions of this Act.

__________

Notification

10/3/2011-LA/116

The Repatriation of Prisoners (Amendment)Act, 2011 (Central Act No. 6 of 2011), whichhas been passed by the Parliament andassented to by the President of India on01-04-2011 and published in the Gazette ofIndia, Extraordinary, Part II, Section I dated04-04-2011, is hereby published for thegeneral information of the public.



Ord. IV of1940.

1 of 1889.

3 of 1906.

22 of 1918.

Ord. IV of

1940.

52 of 1971.

10 of 1897.



115

THE REPATRIATION OF PRISONERS(AMENDMENT) ACT, 2011

AN

ACT

to amend the Repatriation of Prisoners Act,2003.


1. Short title.— (1) This Act may be calledthe Repatriation of Prisoners (Amendment)Act, 2011.

2. Amendment of section 5 of Act 49 of2003.— In the Repatriation of Prisoners Act,2003, in section 5, in sub-section (2), in clause(c), for the words “martial law”, the words“military law” shall be substituted.

_________

Notification

10/3/2011-LA/117

The National Capital Territory of Delhi Laws(Special Provisions) Act, 2011 (Central ActNo. 5 of 2011), which has been passed byParliament and assented to by the Presidentof India on 29-03-2011 and published inGazette of India, Extraordinary, Part II,Section I dated 30-03-2011 is herebypublished for the general information of thepublic.


Panaji, 18th April, 2012._______

THE NATIONAL CAPITAL TERRITORY OFDELHI LAWS (SPECIAL PROVISIONS)

ACT, 2011

AN

ACT

to make special provisions for the NationalCapital Territory of Delhi for a further

period up to the 31st day of December,2011 and for matters connectedtherewith or incidental thereto.

Whereas there had been phenomenalincrease in the population of the NationalCapital Territory of Delhi owing to migrationand other factors resulting in tremendouspressure on land and infrastructureleading to encroachment or unauthoriseddevelopments which are not in consonancewith the concept of planned development asprovided in the Master Plan for Delhi, 2001and the relevant Acts and building bye-lawsmade thereunder;

And whereas the Master Plan for Delhi,2001 was extensively modified and notifiedby the Central Government on the 7th day ofFebruary, 2007 with the perspective for theyear 2021 keeping in view the emerging newdimensions in urban development vis-a-visthe social, financial and other ground realities;

And whereas the Master Plan for Delhiwith the perspective for the year 2021specifically provides for strategies for housingfor urban poor as well as to deal with theinformal sector;

And whereas a strategy and a scheme hasbeen prepared by the local authorities in theNational Capital Territory of Delhi forregulation of urban street vendors inaccordance with the National Policy for UrbanStreet Vendors and the Master Plan for Delhi,2021, and is being implemented;

And whereas based on the policy finalisedby the Central Government regardingregularisation of unauthorised colonies,village abadi area and its extension, theguidelines and regulations for this purposehave been issued;

And whereas in pursuance of theguidelines and regulations necessary stepsare being taken for regularisation ofunauthorised colonies which, inter alia,involve scrutiny of layout plans, assessmentof built up percentage existed as on the31st day of March, 2002, identification ofmixed use of streets, approval of layout plans,


116

fixation of boundaries, change in land useand identification of colonies not eligible forregularisation;

And whereas more time is required forproper implementation of the schemeregarding hawkers and urban street vendorsand for the regularisation of unauthorisedcolonies, village abadi area and its extension;

And whereas the revised policyfor proper arrangements forrelocation and rehabilitation of slumdwellers and jhuggi-jhompriclusters in the National CapitalTerritory of Delhi has beenformulated and accordingly, theDelhi Urban Shelter ImprovementBoard Act, 2010 has been enactedby the Government of NationalCapital Territory of Delhi andnotified with effect from the 1st July,2010 to provide for implementationof schemes for improvement ofslums and jhuggi-jhompri clusterswith a view to bring improvementin environment and livingconditions, and to prepare housingscheme for such persons;

And whereas the draft policy regardingfarm houses is under consideration in theDelhi Development Authority;

And whereas pursuant to the Master Planfor Delhi, 2021, the Zonal Development Plansin respect of various Zones have been notifiedwhich provides for regularisation of schools,dispensaries, religious institutions and culturalinstitutions;

And whereas the policy with respect tostorages, warehouses and godowns used foragricultural inputs or produce (includingdairy and poultry) in rural areas built onagricultural land are under consideration ofthe Central Government in consultation withthe Delhi Development Authority;

And whereas the National CapitalTerritory of Delhi Laws (Special

Provisions) Act, 2007 was enactedon the 5th day of December, 2007 tomake special provisions for theareas of the National CapitalTerritory of Delhi for a period up tothe 31st day of December, 2008which ceased to operate after the31st December, 2008;

And whereas the National CapitalTerritory of Delhi Laws (SpecialProvisions) Act, 2009 was enactedin continuation of the aforesaid Actfor a period up to the 31st day ofDecember, 2009 to make specialprovisions for the areas of theNational Capital Territory of Delhiand that Act ceased to operate afterthe 31st day of December, 2009;

And whereas the National CapitalTerritory of Delhi Laws (SpecialProvisions) Second Act, 2009 wasenacted in continuation of theaforesaid Act for a period up to the31st day of December, 2010 to makespecial provisions for the areas ofthe National Capital Territory ofDelhi and that Act ceased to operateafter the 31st day of December, 2010;

And whereas it is expedient to have a lawin terms of the Master Plan for Delhi, 2021, incontinuation of the said Act for a period upto the 31st day of December, 2011 to providefor temporary relief and to minimise avoidablehardships and irreparable loss to the peopleof the National Capital Territory of Delhiagainst any action by the concerned agencyin respect of persons covered by the policiesreferred to above.


1. Short title, extent, commencement andduration.— (1) This Act may be called theNational Capital Territory of Delhi Laws(Special Provisions) Act, 2011.

43 of 2007.

Delhi Act7 of 2010.

24 of 2009.

40 of 2009.



117

(2) It extends to the National CapitalTerritory of Delhi.

(3) It shall be deemed to have come intoforce on the 1st day of January, 2011.

(4) It shall cease to have effect onthe 31st day of December, 2011,except as respects things done oromitted to be done before suchcesser, and upon such cessersection 6 of the General ClausesAct, 1897, shall apply as if this Acthad then been repealed by a CentralAct.

2. Definitions.— (1) In this Act, unless thecontext otherwise requires,—

(a) “building bye-laws” meansbye-laws made under section 481of the Delhi Municipal Corpo-ration Act, 1957 or the bye-lawsmade under section 188, sub-section (3) of section 189 and sub--section (1) of section 190 of thePunjab Municipal Act, 1911, as inforce in New Delhi or theregulations made under sub--section (1) of section 57 of theDelhi Development Act, 1957,relating to buildings;

(b) “Delhi” means the entirearea of the National CapitalTerritory of Delhi except the DelhiCantonment as defined in clause(11) of section 2 of the DelhiMunicipal Corporation Act, 1957;

(c) “encroachment” means unauthorisedoccupation of Government land or publicland by way of putting temporary,semi-permanent or permanent structurefor residential use or commercial use orany other use;

(d) “local authority” means theDelhi Municipal Corporationestablished under the DelhiMunicipal Corporation Act, 1957,or the New Delhi MunicipalCouncil established under the

New Delhi Municipal Council Act,1994 or the Delhi DevelopmentAuthority established under theDelhi Development Act, 1957,legally entitled to exercise controlin respect of the areas under theirrespective jurisdiction;

(e) “Master Plan” means theMaster Plan for Delhi with theperspective for the year 2021,notified vide notification numberS.O. 141 (E) dated the 7th day ofFebruary, 2007 under the DelhiDevelopment Act, 1957;

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

(g) “punitive action” means action takenby a local authority under the relevant lawagainst unauthorised development andshall include demolition, sealing of premisesand displacement of persons or theirbusiness establishment from their existinglocation, whether in pursuance of courtorders or otherwise;

(h) “relevant law” means in case of—

(i) the Delhi DevelopmentAuthority, the Delhi DevelopmentAct, 1957;

(ii) the Municipal Corporationof Delhi, the Delhi MunicipalCorporation Act, 1957; and

(iii) the New Delhi MunicipalCouncil, the New DelhiMunicipal Council Act, 1994;

(i) “unauthorised development” meansuse of land or use of building orconstruction of building or development ofcolonies carried out in contravention of thesanctioned plans or without obtaining thesanction of plans, or in contravention ofthe land use as permitted under the MasterPlan or Zonal Plan or layout plan, as thecase may be, and includes anyencroachment.

10 of 1897.

66 of 1957.

Punjab Act 3 of 1911.

61 of 1957.

66 of 1957.

66 of 1957.

44 of 1994.

61 of 1957.

61 of 1957.

66 of 1957.

44 of 1994.

61 of 1957.


118

(2) Words and expressions usedbut not defined herein shall havethe meanings respectively assignedto them in the Delhi DevelopmentAct, 1957, the Delhi MunicipalCorporation Act, 1957 and theNew Delhi Municipal Council Act,1994.

3. Enforcement to be kept in abeyance.—(1) Notwithstanding anything contained inany relevant law or any rules, regulations orbye-laws made thereunder, the CentralGovernment shall before the expiry of thisAct, take all possible measures to finalisenorms, policy guidelines, feasible strategiesand make orderly arrangements to deal withthe problem of encroachment or unauthoriseddevelopment in the form of encroachment byslum dwellers and Jhuggi-Jhompri clusters,hawkers and urban street vendors,unauthorised colonies, village abadi area(including urban villages), and its extension,existing farm houses involving constructionbeyond permissible building limits andschools, dispensaries, religious institutions,cultural institutions, storages, warehousesand godowns used for agricultural inputs orproduce (including dairy and poultry) in ruralareas built on agricultural land, as mentionedbelow:

(a) orderly arrangements forrelocation and rehabilitation ofslum dwellers and Jhuggi--Jhompri clusters in the NationalCapital Territory of Delhi inaccordance with the provisionsof the Delhi Urban ShelterImprovement Board Act, 2010and the Master Plan for Delhi,2021 to ensure its developmentin a sustainable, planned andhumane manner;

(b) scheme and orderly arrangements forregulation of urban street vendors inconsonance with the national policy forurban street vendors and hawkersas provided in the Master Plan for Delhi,2021;

(c) orderly arrangements pursuantto guidelines and regulations forregularisation of unauthorised colonies,village abadi area (including urbanvillages) and its extension, as existed onthe 31st day of March, 2002, and whereconstruction took place even beyond thatdate and up to the 8th day of February,2007;

(d) policy regarding existing farm housesinvolving construction beyond permissiblebuilding limits; and

(e) policy or plan for orderly arrangementregarding schools, dispensaries, religiousinstitutions, cultural institutions, storages,warehouses and godowns used foragricultural inputs or produce (includingdairy and poultry) in rural areas built onagricultural land.

(2) Subject to the provisions contained insub-section (1) and notwithstanding anyjudgment, decree or order of any court, statusquo—

(i) as on the 1st day of January, 2006 inrespect of encroachment or unauthoriseddevelopment; and

(ii) in respect of unauthorised colonies,village abadi area (including urbanvillages) and its extension, which existedon the 31st day of March, 2002 and whereconstruction took place even beyond thatdate and up to the 8th day of February,2007, mentioned in sub-section (1),

shall be maintained.

(3) All notices issued by any local authorityfor initiating action against encroachment orunauthorised development referred to insub-section (1), shall be deemed to have beensuspended and no punitive action shall betaken till the 31st day of December, 2011.

(4) Notwithstanding any other provisioncontained in this Act, the CentralGovernment may, at any time before the31st day of December, 2011, withdraw the

61 of 1957.

66 of 1957.

44 of 1994.

Delhi Act7 of 2010.



119

exemption by notification in respect ofencroachment or unauthorised developmentmentioned in sub-section (2) or sub-section(3), as the case may be.

4. Provisions of this Act not to apply incertain cases.— During the period ofoperation of this Act, no relief shall beavailable under the provisions of section 3 inrespect of the following encroachment orunauthorised development, namely:—

(a) encroachment on public land exceptin those cases which are covered underclauses (a), (b) and (c) of sub-section (1) ofsection 3;

(b) removal of slums and Jhuggi-Jhompridwellers, hawkers and urban streetvendors, unauthorised colonies or partthereof, village abadi area (including urbanvillages) and its extension in accordancewith the relevant policies approved by theCentral Government for clearance of landrequired for specific public projects.

5. Power of Central Government to givedirections.— The Central Government may,from time to time, issue such directions tothe local authorities as it may deem fit, forgiving effect to the provisions of this Act andit shall be the duty of the local authorities, tocomply with such directions.

6. Validation of acts done or omitted to bedone, etc., during 1st January, 2011 up tothe date of commencement of this Act.—Notwithstanding any judgment, decree ororder of any court, all things done, or, omittedto be done, and all action taken, or, not taken,during the period beginning on or after the1st day of January, 2011 and endingimmediately before the date ofcommencement of this Act, shall, in so far asthey are in conformity with the provisions ofthis Act, be deemed to have been done, or,omitted to be done, or, taken, or, not taken,under these provisions as if such provisionswere in force at the time such things weredone or omitted to be done and action takenor not taken during the aforesaid period.

Department of Personnel ____

Notification

15/7/2003-PER

In accordance with the Recruitment Rulesfor the post of Mamlatdar/Joint Mamlatdar//Asstt. Director of Civil Supplies, notified videNotification No. 1/25/87-PER dated 17-4-1996published in the Official Gazette, Series I,No. 9 dated 31-5-1996 and in accordance withsub-rule (2) of Rule 2 of the Goa DepartmentalExamination for the Officers in the Cadre ofMamlatdars/Joint Mamlatdars/Asstt. Directorof Civil Supplies Rules, 1997, notified underNotification No. 15/50/87-PER-Part I dated12-12-1997 and published in the OfficialGazette, Series I No. 44 dated 29-1-1998, theschedule for the Departmental Examinationshall be as under:—

Date of Morning Session Evening Session VenueExamination 10.00 a.m. to 1.00 2.30 p.m. to 5.30

p.m. p.m.

11-06-2012 Paper (II) Paper(IV) Office of the Goa Public Service

Commission, Panaji

12-06-2012 Paper (V) Paper(VI)

The syllabus for the said examination shall

be in accordance to the Goa Departmental

Examination for the Officers in the Cadre of

Mamlatdar/Joint Mamlatdar/Asstt. Director of

Civil Supplies (First Amendment) Rules, 2011

notified under Notification No. 15/7/2003-PER

dated 17-02-2011 and published in the Official

Gazette, Series I No. 49 dated 03-03-2011.

The following Officers in the Cadre of

Mamlatdars/Joint Mamlatdars/Asstt. Director

of Civil Supplies shall appear for the Examina-

tion in papers mentioned against their names

on the above mentioned date, time and venue.

They may bring the text books of the Act and

Rules prescribed for the examination.


120

Sr. No. Name of the Officer Papers

1. Shri Vishal C. Kundaikar II, IV, V2. Kum. Roshell Aurita Fernandes V3. Shri Pravin Hire Parab V4. Kum. Nathine Stevea Araujo V5. Shri Amul Shrikant Gaunker IV, V

6. Shri Shankar Barkelo Gaonkar VI

By order and in the name of the Governor

of Goa.

Umeshchandra L. Joshi, Under Secretary

(Personnel-I).


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