Acts of the Parliament of India

For the Year 2019

TABLE OF CONTENTS

Act No. Short Title Date of Assent Date of Effect

1 of 2019 Right of Children to Free and Compulsory Education 10/01/2019 01/03/2019

(Amendment) Act, 2019
1 of 2019 S.O. 1044 (E) dated 28.02.2019
2 of 2019 National Council for Teacher Education (Amendment) 10/01/2019 17.08.1995
Act, 2019
3 of 2019 Appropriation (No. 6) Act, 2018 16/01/2019 Immediate
4 of 2019 Appropriation Act, 2019 15/02/2019 -do-
5 of 2019 Appropriation (Vote on Account) Act, 2019 15/02/2019 -do-
6 of 2019 Personal Laws (Amendment) Act, 2019 21/02/2019 01/03/2019
6 of 2019 S.O. 1061 (E) dated 28.02.2019
7 of 2019 Finance Act, 2019 21/02/2019 01/04/2019
8 of 2019 Special Economic Zones (Amendment) Act, 2019 06/07/2019 02/03/2019
9 of 2019 Jammu and Kashmir Reservation (Amendment) Act, 09/07/2019 01/03/2019
2019
10 of 2019 Central Educational Institutions (Reservation in 09/07/2019 07/03/2019
Teachers’ Cadre Act, 9
11 of 2019 Homoeopathy Central Council (Amendment) Act, 2019 15/07/2019 02/03/2019
12 of 2019 Indian Medical Council (Amendment) Act, 2019 16/07/2019 # 2(c)(i) from
12/01/2019
Other provisions
from 26/09/2018
13 of 2019 Dentists (Amendment) Act, 2019 17/07/2019 30/07/2019
13 of 2019 S.O. 2744 (E) dated 30.07.2019
14 of 2019 Aadhaar and Other Laws (Amendment) Act, 2019 23/07/2019 25/07/2019
14 of 2019 S.O. 2649 (E) dated 25.07.2019
15 of 2019 Central Universities (Amendment) Act, 2019 23/07/2019 05/08/2019
15 of 2019 S.O. 2786 (E) dated 05.08.2019
16 of 2019 National Investigation Agency (Amendment) Act, 2019 24/07/2019 02/08/2019
16 of 2019 S.O. 2780 (E) dated 02.08.2019
17 of 2019 New Delhi International Arbitration Centre Act, 2019 26/07/2019 02/03/2019
18 of 2019 Appropriation (No. 2) Act, 2019 26/07/2019 Immediate
19 of 2019 Protection of Human Rights (Amendment) Act, 2019 27/07/2019 02/08/2019
19 of 2019 S.O. 2756 (E) dated 01.08.2019
20 of 2019 Muslim Women (Protection of Rights on Marriage) 31/07/2019 19/09/2018
Act, 2019
Act No. Short Title Date of Assent Date of Effect
21 of 2019 Banning of Unregulated Deposit Schemes Act, 2019 31/07/2019 21/02/2019
22 of 2019 Companies (Amendment) Act, 2019 31/07/2019 15/08/2019 for # 6-8,
14(i)/(iii)/(iv), 20, 21,
31, 33-35, 37, 38
02/11/2018 for other
sections
22 of 2019 S.O. 2947 (E) dated 14.08.2019
23 of 2019 Finance (No. 2) Act, 2019 01/08/2019 01/04/2019 for # 2-
69
01/09/2019 for # 103
23 of 2019 G.S.R. 616 (E) dated 31.08.2019
24 of 2019 Right to Information (Amendment) Act, 2019 01/08/2019 24/10/2019
24 of 2019 S.O. 3843 (E) dated 24.10.2019
25 of 2019 Protection of Children from Sexual Offences 05/08/2019 16/08/2019
(Amendment) Act, 2019
25 of 2019 S.O. 2957 (E) dated 16.08.2019
26 of 2019 Insolvency and Bankruptcy Code (Amendment) Act, 05/08/2019 16/08/2019
2019
26 of 2019 S.O. 2953 (E) dated 16.08.2019
27 of 2019 Airports Economic Regulatory Authority of India 06/08/2019 26/09/2019
(Amendment) Act, 2019
27 of 2019 S.O. 3445 (E) dated 19.09.2019
28 of 2019 Unlawful Activities (Prevention) Amendment Act, 2019 08/08/2019 14/08/2019
23 of 2019 Corrigenda dated 08.08.2019
28 of 2019 S.O. 2938 (E) dated 14.08.2019
29 of 2019 Code on Wages, 2019 08/08/2019
30 of 2019 National Medical Commission Act, 2019 08/08/2019
30 of 2019 Corrigenda dated 13.08.2019
31 of 2019 Repealing and Amending Act, 2019 08/08/2019 Immediate
32 of 2019 Motor Vehicles (Amendment) Act, 2019 09/08/2019 01/09/2019
32 of 2019 S.O. 3110 (E) dated 28.08.2019
32 of 2019 S.O. 3147 (E) dated 30.08.2019
33 of 2019 Arbitration and Conciliation (Amendment) Act, 2019 09/08/2019 30/08/2019
33 of 2019 S.O. 3154 (E) dated 30.08.2019
34 of 2019 Jammu and Kashmir Reorganisation Act, 2019 09/08/2019 31/10/2019
34 of 2019 Corrigenda dated 12.09.2019
34 of 2019 S.O. 2889 (E) dated 09.08.2019
34 of 2019 Removal of Difficulties Order dated 30.10.2019
34 of 2019 Removal of Difficulties Second Order dated 02.11.2019
35 of 2019 Consumer Protection Act, 2019 09/08/2019
36 of 2019 Public Premises (Eviction of Unauthorised Occupants) 09/08/2019 15/09/2019
Amendment Act, 2019
36 of 2019 S.O. 3262 (E) dated 12.09.2019
37 of 2019 Supreme Court (Number of Judges) Amendment Act, 09/08/2019 Immediate
2019
Constitution (One Hundred and Third Amendment) 12/01/2019 14/01/2019
Act, 2019
Act No. Short Title Date of Assent Date of Effect
S.O. 292 (E) dated 14.01.2019
Corrigenda to Constitution (Ninety-seventh
Amendment) Act, 2011 dated 22.05.2019

ORDINANCES
Ord. No. Title Date
1 Muslim Women (Protection of Rights on Marriage) Ordinance, 2019 12/01/2019
2 Indian Medical Council (Amendment) Ordinance, 2019 12/01/2019
3 Companies (Amendment) Ordinance, 2019 12/01/2019
4 Muslim Women (Protection of Rights on Marriage) Second 21/02/2019
Ordinance, 2019
5 Indian Medical Council (Amendment) Second Ordinance, 2019 21/02/2019
6 Companies (Amendment) Second Ordinance, 2019 21/02/2019
7 Banning of Unregulated Deposit Schemes Ordinance, 2019 21/02/2019
7 Corrigenda 28/02/2019
8 Jammu and Kashmir Reservation (Amendment) Ordinance, 2019 01/03/2019
9 Aadhaar and Other Laws (Amendment) Ordinance, 2019 02/03/2019
10 New Delhi International Arbitration Centre Ordinance, 2019 02/03/2019
11 Homoeopathy Central Council (Amendment) Ordinance, 2019 02/03/2019
12 Special Economic Zones (Amendment) Ordinance, 2019 02/03/2019
13 Central Educational Institutions Reservation in Teachers’ Cadre) 07/03/2019
Ordinance, 2019
14 Prohibition of Electronic Cigarettes (Production, Manufacture, 18/09/2019
Import, Export, Transport, Sale, Distribution, Storage and
Advertisement) Ordinance, 2019
15 Taxation Laws (Amendment) Ordinance, 2019 20/09/2019
15 Corrigenda 26/09/2019

REGULATIONS
Reg. No. Title Date
1 Daman and Diu Civil Courts (Amendment) 05/04/2019
Regulation, 2019
2 Dadra and Nagar Haveli (Civil Courts and 05/04/2019
Miscellaneous Provisions) Amendment Regulation,
2019
1 and 2 Corrigenda 09/04/2019
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No. 1] NEW DELHI, FRIDAY, JANUARY 11, 2019/PAUSHA 21, 1940 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 11th January, 2019/Pausha 21, 1940 (Saka)
The following Act of Parliament received the assent of the President on the
10th January, 2019, and is hereby published for general information:—

THE RIGHT OF CHILDREN TO FREE AND COMPULSORY

EDUCATION (AMENDMENT) ACT, 2019
NO. 1 OF 2019
[10th January, 2019.]
An Act further to amend the Right of Children to Free and Compulsory
Education Act, 2009.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—
1. (1) This Act may be called the Right of Children to Free and Compulsory Education Short title and
(Amendment) Act, 2019. commencement.

(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
35 of 2009. 2. In the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter Substitution
referred to as the principal Act), for section 16, the following section shall be substituted, of new
section for
namely:— section 16.

“16. (1) There shall be a regular examination in the fifth class and in the eighth Examination
and holding
class at the end of every academic year.
back in
(2) If a child fails in the examination referred to in sub-section (1), he shall be certain cases.
given additional instruction and granted opportunity for re-examination within a period
of two months from the date of declaration of the result.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]

(3) The appropriate Government may allow schools to hold back a child in the
fifth class or in the eighth class or in both classes, in such manner and subject to such
conditions as may be prescribed, if he fails in the re-examination referred to in
sub-section (2):
Provided that the appropriate Government may decide not to hold back a child in
any class till the completion of elementary education.
(4) No child shall be expelled from a school till the completion of elementary
education.”.
Amendment of 3. In section 38 of the principal Act, in sub-section (2), after clause (f), the following
section 38. clause shall be inserted, namely:—
“(fa) the manner and the conditions subject to which a child may be held back
under sub-section (3) of section 16;”.

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MANOJ Digitally signed by
MANOJ KUMAR
MGIPMRND—3222GI(S3)—11-01-2019. KUMAR
Date: 2019.01.11
19:49:23 +05'30'
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PUBLISHED BY AUTHORITY
la- 910] ubZ fnYyh] c`gLifrokj] iQjojh 28] 2019@iQkYxqu 9] 1940
No. 910] NEW DELHI, THURSDAY, FEBRUARY 28, 2019/PHALGUNA 9, 1940

मानव संसाधन िवकास मंालय

(
कू ल िशा और सारता िवभाग)
अिधसूचना
नई दली, 28 फरवरी, 2019
का.आ
का.आ. 1044
1044(
44(अ).—
अ).—िन:शुक और अिनवाय बाल िशा का अिधकार (संशोधन) अिधिनयम, 2019(2019 का 1)

क धारा 1 क उप-धारा (2) ारा दत शितय का योग करते "ए, के#$ सरकार एतदारा उत अिधिनयम के उपबंध

को भाव म* लाने क तारीख 1 माच, 2019 तय करती है।

!
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
(Department of School Education and Literacy)
NOTIFICATION
New Delhi, the 28th February, 2019
S. O. 1044 (E).—In exercise of the powers conferred by sub-section (2) of section 1 of the
Right of Children to Free and Compulsory Education (Amendment) Act, 2019 (1 of 2019), the
Central Government hereby appoints the 1st March, 2019, as the date on which the provisions
of the said Act shall come into force.
[F.No. 1-3/2017-EE-4/IS-3]
MANEESH GARG "# $%&'

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
1304 GI/2019 (1) ALOK Digitally signed
by ALOK KUMAR

KUMAR Date: 2019.03.02

11:50:10 +05'30'
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lañ 2] ubZ fnYyh] 'kqØ okj] tuojh 11] 2019@ ikS"k 21] 1940 ¼'kd½
No. 2] NEW DELHI, FRIDAY, JANUARY 11, 2019/PAUSHA 21, 1940 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 11th January, 2019/Pausha 21, 1940 (Saka)

The following Act of Parliament received the assent of the President on the
10th January, 2019, and is hereby published for general information:—

THE NATIONAL COUNCIL FOR TEACHER EDUCATION

(AMENDMENT) ACT, 2019
NO. 2 OF 2019
[10th January, 2019.]
An Act further to amend the National Council for Teacher Education Act, 1993.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as
follows:—
1. (1) This Act may be called the National Council for Teacher Education (Amendment) Short title and
Act, 2019. commencement.

(2) It shall be deemed to have come into force on the 17th day of August, 1995.
73 of 1993. 2. In the National Council for Teacher Education Act, 1993 (hereinafter referred to as Amendment
the principal Act), in section 14, in sub-section (1), after the proviso, the following proviso of section 14.
shall be inserted, namely:—
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]

“Provided further that such institutions, as may be specified by the Central

Government by notification in the Official Gazette, which—
(i) are funded by the Central Government or the State Government or the
Union territory Administration;
(ii) have offered a course or training in teacher education on or after the
appointed day till the academic year 2017-2018; and
(iii) fulfil the conditions specified under clause (a) of sub-section (3),
shall be deemed to have been recognised by the Regional Committee.”.
Amendment 3. In section 15 of the principal Act, in sub-section (1), the following proviso shall be
of section 15. inserted, namely:—
“Provided that the course or training in teacher education offered on or after
the appointed day till the academic year 2017-2018 by such institutions, as may be
specified by the Central Government by notification in the Official Gazette, which—
(i) are funded by the Central Government or the State Government or the
Union territory Administration; and
(ii) fulfil the conditions specified under clause (a) of sub-section (3),
shall be deemed to have been granted permission by the Regional Committee.”.

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. Digitally signed
MANOJ byKUMAR
MANOJ

MGIPMRND—3223GI(S3)—11-01-2019. KUMAR Date: 2019.01.11

19:54:54 +05'30'
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izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 7] ubZ fnYyh] cq/kokj] tuojh 16] 2019@ ikS"k 26] 1940 ¼'kd½
No. 7] NEW DELHI, WEDNESDAY, JANUARY 16, 2019/PAUSHA 26, 1940 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 16th January, 2019/Pausha 26, 1940 (Saka)

The following Act of Parliament received the assent of the President on the
16th January, 2019 and is hereby published for general information:—

THE APPROPRIATION (No. 6) ACT, 2018

NO. 3 OF 2019
[16th January, 2019.]
An Act to authorise payment and appropriation of certain further sums from and
out of the Consolidated Fund of India for the services of the financial year
2018-19.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—
1. This Act may be called the Appropriation (No. 6) Act, 2018. Short title.

2. From and out of the Consolidated Fund of India there may be paid and applied sums Issue of
not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the Rs.85948,86,00,000
out of the
sum of eighty-five thousand nine hundred forty-eight crore and eighty-six lakh rupees towards Consolidated
defraying the several charges which will come in course of payment during the financial year Fund of India
2018-19 in respect of the services specified in column 2 of the Schedule. for the
financial year
2018-19.

3. The sums authorised to be paid and applied from and out of the Consolidated Fund Appropriation.
of India by this Act shall be appropriate for the services and purposes expressed in the
Schedule in relation to the said year.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

THE SCHEDULE
(See sections 2 and 3)

1 2 3
No. Sums not exceeding
of Services and purposes Voted Charged
Vote by Parliament on the Total
Consolidated
Fund
Rs. Rs. Rs.
1 Department of Agriculture, Cooperation and Farmers’
Welfare ............................................................................ Revenue 3,00,000 .. 3,00,000
Capital 1,00,000 .. 1,00,000
2 Department of Agricultural Research and Education ..... Revenue 152,73,00,000 .. 152,73,00,000
3 Department of Animal Husbandry, Dairying and Fisheries Capital 1,00,000 .. 1,00,000
4 Atomic Energy ................................................................... Revenue 2,00,000 .. 2,00,000
Capital 2,00,000 9,50,00,000 9,52,00,000
5 Ministry of Ayurveda, Yoga and Naturopathy, Unani,
Siddha and Homoeopathy (AYUSH) ............................ Revenue 2,00,000 .. 2,00,000
8 Department of Pharmaceuticals .......................................... Capital 7,00,00,000 .. 7,00,00,000
9 Ministry of Civil Aviation ................................................. Revenue 798,34,00,000 .. 798,34,00,000
Capital 2298,80,00,000 .. 2298,80,00,000
11 Department of Commerce ................................................ Revenue 143,60,00,000 .. 143,60,00,000
13 Department of Posts .......................................................... Revenue .. 2,29,00,000 2,29,00,000
Capital 20,00,00,000 .. 20,00,00,000
14 Department of Telecommunications .................................. Capital 751,00,00,000 .. 751,00,00,000
15 Department of Consumer Affairs ..................................... Revenue 1,00,000 .. 1,00,000
16 Department of Food and Public Distribution .................. Revenue 920,10,00,000 .. 920,10,00,000
Capital 3,00,000 .. 3,00,000
17 Ministry of Corporate Affairs ........................................... Revenue 30,82,00,000 .. 30,82,00,000
Capital 19,00,00,000 .. 19,00,00,000
18 Ministry of Culture ............................................................. Revenue 2,00,000 .. 2,00,000
Capital 26,33,00,000 .. 26,33,00,000
20 Defence Services (Revenue) .............................................. Revenue 1400,00,00,000 .. 1400,00,00,000
23 Ministry of Development of North Eastern Region ..... Revenue 100,36,00,000 .. 100,36,00,000
24 Ministry of Drinking Water and Sanitation .................... Revenue 2,00,000 .. 2,00,000
25 Ministry of Earth Sciences ................................................ Revenue 3,00,000 .. 3,00,000
Capital 1,00,000 .. 1,00,000
26 Ministry of Electronics and Information Technology .. Revenue 174,83,00,000 .. 174,83,00,000
Capital 6,17,00,000 .. 6,17,00,000
27 Ministry of Environment, Forests and Climate Change .. Revenue 38,75,00,000 .. 38,75,00,000
Capital 1,00,000 49,00,000 50,00,000
28 Ministry of External Affairs ............................................. Revenue 1012,00,00,000 .. 1012,00,00,000
29 Department of Economic Affairs ..................................... Revenue 2,99,00,000 .. 2,99,00,000
Capital 13478,37,00,000 .. 13478,37,00,000
30 Department of Expenditure .............................................. Revenue 1,00,000 .. 1,00,000
31 Department of Financial Services .................................... Revenue 3,00,000 10,00,000 13,00,000
Capital 41000,02,00,000 .. 41000,02,00,000
32 Department of Investment and Public Asset Management
(DIPAM) ......................................................................... Revenue 75,00,00,000 .. 75,00,00,000
33 Department of Revenue .................................................... Revenue 1,00,000 .. 1,00,000
Capital 1,00,000 .. 1,00,000
34 Direct Taxes ........................................................................ Revenue 100,00,00,000 .. 100,00,00,000
Capital 2,00,000 .. 2,00,000
35 Indirect Taxes ..................................................................... Revenue 1,00,000 .. 1,00,000
Capital 1,00,000 .. 1,00,000
36 Indian Audit and Accounts Department ........................... Revenue 175,13,00,000 6,76,00,000 181,89,00,000
41 Ministry of Food Processing Industries ........................... Revenue 1,00,000 .. 1,00,000
42 Department of Health and Family Welfare .................... Revenue 1031,07,00,000 .. 1031,07,00,000
Capital 40,01,00,000 .. 40,01,00,000
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

1 2 3
No. Sums not exceeding
of Services and purposes Voted Charged
Vote by Parliament on the Total
Consolidated
Fund
Rs. Rs. Rs.
44 Department of Heavy Industry ........................................ Revenue 1,00,000 .. 1,00,000
Capital 150,89,00,000 .. 150,89,00,000
46 Ministry of Home Affairs .................................................. Revenue 130,94,00,000 6,33,00,000 137,27,00,000
Capital 1,00,000 .. 1,00,000
47 Cabinet ................................................................................. Revenue 1,00,000 .. 1,00,000
48 Police ................................................................................... Revenue 1535,35,00,000 .. 1535,35,00,000
Capital 1,00,000 .. 1,00,000
52 Daman and Diu ...................................................................... Capital 12,03,00,000 .. 12,03,00,000
53 Lakshadweep ....................................................................... Revenue 1,00,000 .. 1,00,000
Capital 1,00,000 .. 1,00,000
54 Transfers to Delhi ................................................................. Capital 77,41,00,000 .. 77,41,00,000
56 Ministry of Housing and Urban Affairs ............................ Revenue 1,60,00,000 4,00,00,000 5,60,00,000
Capital 1,00,000 .. 1,00,000
57 Department of School Education and Literacy ............. Revenue 113,78,00,000 .. 113,78,00,000
58 Department of Higher Education .................................... Revenue 4,00,000 .. 4,00,000
59 Ministry of Information and Broadcasting ..................... Revenue 1,00,000 .. 1,00,000
60 Ministry of Labour and Employment .............................. Revenue 1038,29,00,000 .. 1038,29,00,000
61 Law and Justice ................................................................... Revenue 3,00,000 .. 3,00,000
Capital 535,00,00,000 .. 535,00,00,000
64 Ministry of Micro, Small and Medium Enterprises ........ Revenue 2,00,000 .. 2,00,000
Capital 8,49,00,000 .. 8,49,00,000
65 Ministry of Mines .............................................................. Revenue 95,00,00,000 .. 95,00,00,000
66 Ministry of Minority Affairs ............................................ Revenue 2,00,000 .. 2,00,000
Capital 8,18,00,000 .. 8,18,00,000
67 Ministry of New and Renewable Energy .......................... Revenue 1,00,000 .. 1,00,000
68 Ministry of Panchayati Raj ............................................... Revenue 2,00,000 .. 2,00,000
70 Ministry of Personnel, Public Grievances and
Pensions .......................................................................... Revenue 12,00,000 .. 12,00,000
Capital 25,00,00,000 .. 25,00,00,000
CHARGED.—Central Vigilance Commission ........................ Revenue .. 1,39,00,000 1,39,00,000
72 Ministry of Petroleum and Natural Gas ........................... Revenue 2,00,000 .. 2,00,000
Capital 250,18,00,000 .. 250,18,00,000
73 Ministry of Planning .......................................................... Revenue 125,96,00,000 .. 125,96,00,000
74 Ministry of Power .............................................................. Revenue 713,73,00,000 .. 713,73,00,000
Capital 1,00,000 .. 1,00,000
76 Lok Sabha ............................................................................ Revenue .. 12,00,000 12,00,000
78 Secretariat of the Vice-President ...................................... Revenue 90,00,000 .. 90,00,000
80 Ministry of Railways .......................................................... Revenue 1,00,000 .. 1,00,000
Capital 1,00,000 .. 1,00,000
81 Ministry of Road Transport and Highways ..................... Revenue 1,00,000 .. 1,00,000
Capital 8565,39,00,000 .. 8565,39,00,000
82 Department of Rural Development ................................. Revenue 6084,13,00,000 .. 6084,13,00,000
Capital 1,00,000 .. 1,00,000
84 Department of Science and Technology ......................... Revenue 1,00,000 .. 1,00,000
Capital 1,00,000 .. 1,00,000
87 Ministry of Shipping .......................................................... Revenue 125,01,00,000 .. 125,01,00,000
88 Ministry of Skill Development and
Entrepreneurship ............................................................ Revenue 1,00,000 .. 1,00,000
89 Department of Social Justice and Empowerment ........... Revenue 2263,27,00,000 .. 2263,27,00,000
90 Department of Empowerment of Persons with
Disabilities ....................................................................... Revenue 1,00,000 .. 1,00,000
91 Department of Space ......................................................... Revenue 1,00,000 .. 1,00,000
Capital 1,00,000 .. 1,00,000
92 Ministry of Statistics and Programme Implementation .... Revenue 69,62,00,000 .. 69,62,00,000
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

1 2 3
No. Sums not exceeding
of Services and purposes Voted Charged
Vote by Parliament on the Total
Consolidated
Fund
Rs. Rs. Rs.
93 Ministry of Steel ................................................................. Revenue 105,75,00,000 .. 105,75,00,000
94 Ministry of Textiles ........................................................... Revenue 3,00,000 .. 3,00,000
95 Ministry of Tourism ........................................................... Revenue 2,00,000 .. 2,00,000
96 Ministry of Tribal Affairs .................................................. Revenue 1,70,00,000 .. 1,70,00,000
97 Ministry of Water Resources, River Development
and Ganga Rejuvenation ................................................
Revenue 1,00,000 .. 1,00,000
98 Ministry of Women and Child Development ................. Revenue 58,65,00,000 .. 58,65,00,000
Capital 18,12,00,000 .. 18,12,00,000
99 Ministry of Youth Affairs and Sports ............................... Revenue 21,00,000 .. 21,00,000

T OTAL : 85917,88,00,000 30,98,00,000 85948,86,00,000

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. Digitally signed
MANOJ byKUMAR
MANOJ

MGIPMRND—3249GI(S3)—16-01-2019. KUMAR Date: 2019.01.16

22:42:26 +05'30'
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 8] ubZ fnYyh] 'kqØ okj] Qjojh 15] 2019@ ek?k 26] 1940 ¼'kd½
No. 8] NEW DELHI, FRIDAY, FEBRUARY 15, 2019/MAGHA 26, 1940 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 15th February, 2019/Magha 26, 1940 (Saka)
The following Act of Parliament received the assent of the President on the
15th February, 2019 and is hereby published for general information:—

THE APPROPRIATION ACT, 2019

NO. 4 OF 2019
[15th February, 2019.]
An Act to authorise payment and appropriation of certain further sums from and
out of the Consolidated Fund of India for the services of the financial year
2018-19.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
1. This Act may be called the Appropriation Act, 2019. Short title.

2. From and out of the Consolidated Fund of India there may be paid and applied sums Issue of Rs.
not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the 198831,36,00,000
out of the
sum of one lakh ninety-eight thousand eight hundred thirty-one crore and thirty-six lakh Consolidated
rupees towards defraying the several charges which will come in course of payment during Fund of India for
the financial year 2018-19 in respect of the services specified in column 2 of the Schedule. the financial
year 2018-19.

3. The sums authorised to be paid and applied from and out of the Consolidated Fund Appropriation.
of India by this Act shall be appropriated for the services and purposes expressed in the
Schedule in relation to the said year.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

THE SCHEDULE
(See sections 2 and 3)

1 2 3
No. Sums not exceeding
of Services and purposes Voted Charged
Vote by Parliament on the Total
Consolidated
Fund
Rs. Rs. Rs.
1 Department of Agriculture, Cooperation and Farmers'
Welfare .......................................................................... Revenue 19387,02,00,000 .. 19387,02,00,000
2 Department of Agricultural Research and Education ... Revenue 2,00,000 .. 2,00,000
3 Department of Animal Husbandry, Dairying and
Fisheries ......................................................................... Revenue 201,16,00,000 .. 201,16,00,000
Capital 1,00,000 .. 1,00,000
4 Atomic Energy ............................................................. Revenue 4,00,000 .. 4,00,000
Capital 2375,50,00,000 .. 2375,50,00,000
5 Ministry of Ayurveda, Yoga and Naturopathy, Unani,
Siddha and Homoeopathy (AYUSH) .......................... Revenue 53,43,00,000 .. 53,43,00,000
7 Department of Fertilisers ............................................ Revenue 1,00,000 .. 1,00,000
8 Department of Pharmaceuticals ................................. Revenue 307,23,00,000 .. 307,23,00,000
Capital 3,95,00,000 .. 3,95,00,000
9 Ministry of Civil Aviation ........................................... Revenue 98,00,000 .. 98,00,000
10 Ministry of Coal ........................................................... Revenue 10,94,00,000 .. 10,94,00,000
11 Department of Commerce .......................................... Revenue 310,01,00,000 .. 310,01,00,000
12 Department of Industrial Policy and Promotion ..... Revenue 2,00,000 .. 2,00,000
Capital 16,33,00,000 .. 16,33,00,000
13 Department of Posts .................................................... Capital 46,87,00,000 .. 46,87,00,000
14 Department of Telecommunications ......................... Revenue 1,00,000 .. 1,00,000
Capital 1,00,000 .. 1,00,000
15 Department of Consumer Affairs ............................... Capital 1,00,000 .. 1,00,000
16 Department of Food and Public Distribution ............ Revenue 1864,71,00,000 .. 1864,71,00,000
Capital 1000,00,00,000 .. 1000,00,00,000
18 Ministry of Culture ....................................................... Revenue 2,00,000 .. 2,00,000
19 Ministry of Defence (Miscellaneous) ......................... Revenue 2,00,000 .. 2,00,000
Capital 3,00,000 2,16,00,000 2,19,00,000
20 Defence Services (Revenue) ........................................ Revenue 1403,97,00,000 .. 1403,97,00,000
21 Capital Outlay on Defence Services ........................... Capital .. 97,42,00,000 97,42,00,000
24 Ministry of Drinking Water and Sanitation .............. Revenue 5391,34,00,000 .. 5391,34,00,000
25 Ministry of Earth Sciences .......................................... Revenue 2,00,000 .. 2,00,000
Capital 1,00,000 .. 1,00,000
26 Ministry of Electronics and Information Technology .. Revenue 20,91,00,000 .. 20,91,00,000
27 Ministry of Environment, Forests and Climate
Change ........................................................................... Revenue 1,00,000 .. 1,00,000
29 Department of Economic Affairs ............................... Revenue 4,00,000 .. 4,00,000
Capital 3,00,000 .. 3,00,000
31 Department of Financial Services .............................. Capital 4500,00,00,000 .. 4500,00,00,000
34 Direct Taxes .................................................................. Revenue 299,96,00,000 .. 299,96,00,000
35 Indirect Taxes ............................................................... Capital 2,00,000 .. 2,00,000
36 Indian Audit and Accounts Department ..................... Capital 25,55,00,000 .. 25,55,00,000
CHARGED.—Interest Payments ...................................... Revenue .. 9196,65,00,000 9196,65,00,000
CHARGED .—Repayment of Debt .................................... Capital .. 106594,12,00,000 106594,12,00,000
40 Transfers to States ....................................................... Capital .. 3800,84,00,000 3800,84,00,000
42 Department of Health and Family Welfare .............. Revenue 2916,52,00,000 .. 2916,52,00,000
Capital 1974,90,00,000 .. 1974,90,00,000
43 Department of Health Research ................................. Revenue 2,00,000 .. 2,00,000
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

1 2 3
No. Sums not exceeding
of Services and purposes Voted Charged
Vote by Parliament on the Total
Consolidated
Fund
Rs. Rs. Rs.
44 Department of Heavy Industry .................................. Revenue 1,00,000 .. 1,00,000
Capital 10,00,00,000 .. 10,00,00,000
45 Department of Public Enterprises .............................. Revenue 1,00,00,000 .. 1,00,00,000
46 Ministry of Home Affairs ............................................ Revenue 6,01,00,000 .. 6,01,00,000
Capital 1,00,000 .. 1,00,000
47 Police ............................................................................. Revenue 4611,62,00,000 1,00,000 4611,63,00,000
Capital 1,00,000 12,00,000 13,00,000
48 Andaman and Nicobar Islands ..................................... Revenue 106,53,00,000 .. 106,53,00,000
Capital 8,00,000 .. 8,00,000
50 Chandigarh .................................................................... Revenue 24,67,00,000 .. 24,67,00,000
Capital 9,00,000 .. 9,00,000
51 Dadra and Nagar Haveli ............................................... Revenue 19,86,00,000 .. 19,86,00,000
Capital 1,00,000 .. 1,00,000
53 Lakshadweep ................................................................. Revenue 2,00,000 .. 2,00,000
54 Transfers to Delhi ........................................................ Capital 2,59,00,000 .. 2,59,00,000
55 Transfers to Puducherry .............................................. Revenue 1,00,000 .. 1,00,000
Capital 49,61,00,000 .. 49,61,00,000
56 Ministry of Housing and Urban Affairs ...................... Revenue 7635,00,00,000 .. 7635,00,00,000
Capital 600,02,00,000 .. 600,02,00,000
57 Department of School Education and Literacy ....... Revenue 4762,75,00,000 .. 4762,75,00,000
58 Department of Higher Education ............................... Revenue 784,33,00,000 .. 784,33,00,000
59 Ministry of Information and Broadcasting ............... Revenue 11,77,00,000 .. 11,77,00,000
60 Ministry of Labour and Employment ........................ Revenue 1024,79,00,000 .. 1024,79,00,000
61 Law and Justice ............................................................. Capital 1637,14,00,000 .. 1637,14,00,000
62 Election Commission ................................................... Capital 1,00,000 .. 1,00,000
CHARGED.—Supreme Court of India ............................ Revenue .. 7,47,00,000 7,47,00,000
64 Ministry of Micro, Small and Medium Enterprises .. Revenue 2,00,000 .. 2,00,000
65 Ministry of Mines ........................................................ Revenue 1,00,000 .. 1,00,000
66 Ministry of Minority Affairs ...................................... Revenue 3,00,000 .. 3,00,000
67 Ministry of New and Renewable Energy .................... Revenue 2,00,000 .. 2,00,000
72 Ministry of Petroleum and Natural Gas ..................... Revenue 1364,19,00,000 .. 1364,19,00,000
73 Ministry of Planning .................................................... Revenue 1,00,000 .. 1,00,000
74 Ministry of Power ........................................................ Revenue 2850,00,00,000 .. 2850,00,00,000
Capital 900,00,00,000 .. 900,00,00,000
CHARGED.—Staff, Household and Allowances of the
President ........................................................................ Revenue .. 42,00,000 42,00,000
77 Rajya Sabha ................................................................... Revenue 23,37,00,000 .. 23,37,00,000
80 Ministry of Railways .................................................... Revenue .. 46,00,00,000 46,00,00,000
Capital 1,00,000 191,65,00,000 191,66,00,000
81 Ministry of Road Transport and Highways ............... Revenue 2,00,000 .. 2,00,000
Capital 9683,50,00,000 .. 9683,50,00,000
82 Department of Rural Development ........................... Revenue 2,00,000 .. 2,00,000
84 Department of Science and Technology ................... Revenue 1,00,000 .. 1,00,000
85 Department of Biotechnology ................................... Revenue 2,00,000 .. 2,00,000
86 Department of Scientific and Industrial Research .... Revenue 1,00,000 .. 1,00,000
87 Ministry of Shipping .................................................... Revenue 1,00,000 .. 1,00,000
Capital 125,00,00,000 .. 125,00,00,000
88 Ministry of Skill Development and Entrepreneur-
ship ................................................................................. Revenue 3,00,000 .. 3,00,000
89 Department of Social Justice and Empowerment ..... Revenue 80,02,00,000 .. 80,02,00,000
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC 1]

1 2 3
No. Sums not exceeding
of Services and purposes Voted Charged
Vote by Parliament on the Total
Consolidated
Fund
Rs. Rs. Rs.
90 Department of Empowerment of Persons with
Disabilities ..................................................................... Revenue 17,74,00,000 .. 17,74,00,000
91 Department of Space ................................................... Revenue 168,07,00,000 .. 168,07,00,000
Capital 248,47,00,000 .. 248,47,00,000
92 Ministry of Statistics and Programme
Implementation ............................................................ Revenue 2,00,000 .. 2,00,000
93 Ministry of Steel ........................................................... Revenue 1,24,00,000 .. 1,24,00,000
94 Ministry of Textiles ..................................................... Revenue 3,00,000 .. 3,00,000
Capital 13,00,00,000 .. 13,00,00,000
96 Ministry of Tribal Affairs ............................................ Revenue 2,00,000 20,00,00,000 20,02,00,000
97 Ministry of Water Resources, River Development
and Ganga Rejuvenation .............................................. Revenue 1,00,000 .. 1,00,000
98 Ministry of Women and Child Development ........... Revenue 1,00,000 .. 1,00,000
99 Ministry of Youth Affairs and Sports ......................... Revenue 2,00,000 .. 2,00,000
TOTAL: 78874,50,00,000 119956,86,00,000 198831,36,00,000

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. BANSHI Digitally signed
by BANSHI DHAR
DHAR DUBEY
Date: 2019.02.15
DUBEY 22:45:27 +05'30'

MGIPMRND—3934LS(S3)—15-02-2019.
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 9] ubZ fnYyh] 'kqØ okj] Qjojh 15] 2019@ ek?k 26] 1940 ¼'kd½
No. 9] NEW DELHI, FRIDAY, FEBRUARY 15, 2019/MAGHA 26, 1940 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 15th February, 2019/Magha 26, 1940 (Saka)
The following Act of Parliament received the assent of the President on the
15th February, 2019 and is hereby published for general information:—

THE APPROPRIATION (VOTE ON ACCOUNT) ACT, 2019

NO. 5 OF 2019
[15th February, 2019.]

An Act to provide for the withdrawal of certain sums from and out of the
Consolidated Fund of India for the services of a part of the financial year
2019-20.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—
1. This Act may be called the Appropriation (Vote on Account) Act, 2019. Short title.

2. From and out of the Consolidated Fund of India, there may be withdrawn sums Withdrawal of
not exceeding those specified in column 3 of the Schedule, amounting in the aggregate Rs. 3417295,38,00,000
from and out
to the sum of thirty-four lakh seventeen thousand two hundred ninty-five crore and of the
thirty-eight lakh rupees towards defraying the several charges which will come in course Consolidated
of payment during the financial year 2019-20. Fund of India for
the financial
year 2019-20.

3. The sums authorised to be withdrawn from and out of the Consolidated Fund Appropriation.
by this Act shall be appropriated for the services and purposes expressed in the Schedule
in relation to the said year.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Construction 4. Reference to the Ministries or Departments in the Schedule are to such

of references Ministries or Departments as existing immediately before the 17th September, 2018 and
to Ministries
or
shall, on or after that date, be construed as references to the appropriate Ministries or
Departments Departments as constituted from time to time.
in the
Schedule.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

THE SCHEDULE
(See sections 2, 3 and 4)

1 2 3
No. Sums not exceeding
of Services and purposes Voted Charged
Vote by Parliament on the Total
Consolidated
Fund
Rs. Rs. Rs.
1 Department of Agriculture, Cooperation and
Farmers’ Welfare ..................................................... Revenue 43183,50,00,000 ... 43183,50,00,000
Capital 11,57,00,000 ... 11,57,00,000
2 Department of Agricultural Research and Education..Revenue 2692,92,00,000 ... 2692,92,00,000
Capital ... ... ...
3 Department of Animal Husbandry, Dairying and
Fisheries .................................................................... Revenue 1155,46,00,000 ... 1155,46,00,000
Capital 14,67,00,000 ... 14,67,00,000
4 Atomic Energy ............................................................ Revenue 5079,56,00,000 33,00,000 5079,89,00,000
Capital 3320,68,00,000 7,78,00,000 3328,46,00,000
5 Ministry of Ayurveda, Yoga and Naturopathy, Unani,
Siddha and Homoeopathy ....................................... Revenue 748,52,00,000 ... 748,52,00,000
Capital 7,00,000 ... 7,00,000
6 Department of Chemicals and Petrochemicals ....... Revenue 132,33,00,000 ... 132,33,00,000
Capital ... ... ...
7 Department of Fertilisers ........................................... Revenue 35443,40,00,000 ... 35443,40,00,000
Capital 2,00,000 ... 2,00,000
8 Department of Pharmaceuticals ................................ Revenue 78,48,00,000 ... 78,48,00,000
Capital 2,00,000 ... 2,00,000
9 Ministry of Civil Aviation .......................................... Revenue 1585,88,00,000 ... 1585,88,00,000
Capital 8,34,00,000 ... 8,34,00,000
10 Ministry of Coal .......................................................... Revenue 274,02,00,000 ... 274,02,00,000
Capital ... ... ...
11 Department of Commerce ......................................... Revenue 2409,88,00,000 ... 2409,88,00,000
Capital 391,67,00,000 ... 391,67,00,000
12 Department of Industrial Policy and Promotion .... Revenue 2962,80,00,000 ... 2962,80,00,000
Capital 557,64,00,000 ... 557,64,00,000
13 Department of Posts ................................................... Revenue 9786,22,00,000 27,00,000 9786,49,00,000
Capital 315,91,00,000 ... 315,91,00,000
14 Department of Telecommunications ........................ Revenue 10231,21,00,000 ... 10231,21,00,000
Capital 3239,91,00,000 ... 3239,91,00,000
15 Department of Consumer Affairs .............................. Revenue 749,44,00,000 ... 749,44,00,000
Capital 27,83,00,000 ... 27,83,00,000
16 Department of Food and Public Distribution ........... Revenue 106682,64,00,000 ... 106682,64,00,000
Capital 17108,71,00,000 ... 17108,71,00,000
17 Ministry of Corporate Affairs .................................... Revenue 175,88,00,000 ... 175,88,00,000
Capital 17,00,00,000 ... 17,00,00,000
18 Ministry of Culture ...................................................... Revenue 998,52,00,000 ... 998,52,00,000
Capital 56,01,00,000 ... 56,01,00,000
19 Ministry of Defence (Miscellaneous) ........................ Revenue 13830,86,00,000 25,00,000 13831,11,00,000
Capital 2900,59,00,000 11,67,00,000 2912,26,00,000
20 Defence Services (Revenue) ....................................... Revenue 82100,02,00,000 33,37,00,000 82133,39,00,000
Capital ... ... ...
21 Capital Outlay on Defence Services .......................... Revenue ... ... ...
Capital 59366,65,00,000 27,78,00,000 59394,43,00,000
22 Defence Pensions ........................................................ Revenue 37359,04,00,000 82,00,000 37359,86,00,000
Capital ... ... ...
23 Ministry of Development of North Eastern Region ... Revenue 792,19,00,000 ... 792,19,00,000
Capital 244,70,00,000 ... 244,70,00,000
24 Ministry of Drinking Water and Sanitation ............. Revenue 8655,57,00,000 ... 8655,57,00,000
Capital ... ... ...
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

1 2 3
No. Sums not exceeding
of Services and purposes Voted Charged
Vote by Parliament on the Total
Consolidated
Fund
Rs. Rs. Rs.
25 Ministry of Earth Sciences ......................................... Revenue 596,02,00,000 ... 596,02,00,000
Capital 39,33,00,000 ... 39,33,00,000
26 Ministry of Electronics and Information Technology ... Revenue 2024,00,00,000 ... 2024,00,00,000
Capital 116,00,00,000 ... 116,00,00,000
27 Ministry of Environment, Forests and Climate Change ... Revenue 1073,07,00,000 ... 1073,07,00,000
Capital 21,51,00,000 ... 21,51,00,000
28 Ministry of External Affairs ...................................... Revenue 6280,48,00,000 1,00,000 6280,49,00,000
Capital 719,89,00,000 ... 719,89,00,000
29 Department of Economic Affairs .............................. Revenue 1085,49,00,000 ... 1085,49,00,000
Capital 5736,71,00,000 ... 5736,71,00,000
30 Department of Expenditure ....................................... Revenue 133,52,00,000 ... 133,52,00,000
Capital ... ... ...
31 Department of Financial Services ............................. Revenue 490,61,00,000 ... 490,61,00,000
Capital 1956,12,00,000 ... 1956,12,00,000
32 Department of Investment and Public Asset
Management ............................................................ Revenue 15,69,00,000 ... 15,69,00,000
Capital ... ... ...
33 Department of Revenue ............................................. Revenue 67950,54,00,000 1,00,000 67950,55,00,000
Capital 2,91,00,000 ... 2,91,00,000
34 Direct Taxes ................................................................. Revenue 2345,48,00,000 ... 2345,48,00,000
Capital 100,67,00,000 ... 100,67,00,000
35 Indirect Taxes .............................................................. Revenue 2497,72,00,000 17,00,000 2497,89,00,000
Capital 135,62,00,000 ... 135,62,00,000
36 Indian Audit and Accounts Department .................... Revenue 1835,54,00,000 65,51,00,000 1901,05,00,000
Capital 5,33,00,000 ... 5,33,00,000
CHARGED.—Interest Payments ..................................... Revenue ... 225686,97,00,000 225686,97,00,000
Capital ... ... ...
CHARGED.—Repayment of Debt Revenue ... ... ...
Capital ... 1994395,70,00,000 1994395,70,00,000
39 Pensions ........................................................................ Revenue 19126,97,00,000 148,03,00,000 19275,00,00,000
Capital ... ... ...
40 Transfers to States ...................................................... Revenue 11937,78,00,000 55019,89,00,000 66957,67,00,000
Capital ... 6607,76,00,000 6607,76,00,000
41 Ministry of Food Processing Industries ................... Revenue 398,87,00,000 ... 398,87,00,000
Capital ... ... ...
42 Department of Health and Family Welfare ............. Revenue 30837,89,00,000 ... 30837,89,00,000
Capital 1241,29,00,000 ... 1241,29,00,000
43 Department of Health Research ................................ Revenue 1124,88,00,000 ... 1124,88,00,000
Capital ... ... ...
44 Department of Heavy Industry ................................. Revenue 419,94,00,000 ... 419,94,00,000
Capital 148,52,00,000 ... 148,52,00,000
45 Department of Public Enterprises ............................. Revenue 7,55,00,000 ... 7,55,00,000
Capital ... ... ...
46 Ministry of Home Affairs ........................................... Revenue 1553,69,00,000 1,00,000 1553,70,00,000
Capital 93,59,00,000 ... 93,59,00,000
47 Cabinet .......................................................................... Revenue 276,28,00,000 ... 276,28,00,000
Capital ... ... ...
48 Police ............................................................................ Revenue 39423,49,00,000 2,41,00,000 39425,90,00,000
Capital 5257,02,00,000 2,11,00,000 5259,13,00,000
49 Andaman and Nicobar Islands .................................... Revenue 1495,33,00,000 ... 1495,33,00,000
Capital 200,53,00,000 ... 200,53,00,000
50 Chandigarh ................................................................... Revenue 1436,49,00,000 14,00,00,000 1450,49,00,000
Capital 125,54,00,000 8,33,00,000 133,87,00,000
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

1 2 3
No. Sums not exceeding
of Services and purposes Voted Charged
Vote by Parliament on the Total
Consolidated
Fund
Rs. Rs. Rs.
51 Dadra and Nagar Haveli .............................................. Revenue 289,27,00,000 ... 289,27,00,000
Capital 105,69,00,000 ... 105,69,00,000
52 Daman and Diu ............................................................ Revenue 525,33,00,000 1,00,000 525,34,00,000
Capital 114,16,00,000 ... 114,16,00,000
53 Lakshadweep ................................................................ Revenue 372,37,00,000 ... 372,37,00,000
Capital 62,13,00,000 ... 62,13,00,000
54 Transfers to Delhi ....................................................... Revenue 270,67,00,000 ... 270,67,00,000
Capital 100,00,00,000 ... 100,00,00,000
55 Transfers to Puducherry ............................................. Revenue 515,00,00,000 ... 515,00,00,000
Capital ... ... ...
56 Ministry of Housing and Urban Affairs ..................... Revenue 12304,80,00,000 30,60,00,000 12335,40,00,000
Capital 6570,21,00,000 23,97,00,000 6594,18,00,000
57 Department of School Education and Literacy ....... Revenue 32478,59,00,000 ... 32478,59,00,000
Capital ... ... ...
58 Department of Higher Education .............................. Revenue 15642,28,00,000 ... 15642,28,00,000
Capital 806,67,00,000 ... 806,67,00,000
59 Ministry of Information and Broadcasting .............. Revenue 1455,22,00,000 ... 1455,22,00,000
Capital 4,51,00,000 ... 4,51,00,000
60 Ministry of Labour and Employment ....................... Revenue 3467,91,00,000 ... 3467,91,00,000
Capital 10,09,00,000 ... 10,09,00,000
61 Law and Justice ............................................................ Revenue 1417,81,00,000 ... 1417,81,00,000
Capital 45,00,00,000 ... 45,00,00,000
62 Election Commission .................................................. Revenue 95,32,00,000 ... 95,32,00,000
Capital 19,45,00,000 ... 19,45,00,000
CHARGED.—Supreme Court of India ........................... Revenue ... 93,15,00,000 93,15,00,000
Capital ... ... ...
64 Ministry of Micro, Small and Medium Enterprises ... Revenue 2169,72,00,000 ... 2169,72,00,000
Capital 9,01,00,000 ... 9,01,00,000
65 Ministry of Mines ....................................................... Revenue 513,46,00,000 ... 513,46,00,000
Capital 35,86,00,000 ... 35,86,00,000
66 Ministry of Minority Affairs ..................................... Revenue 1546,66,00,000 ... 1546,66,00,000
Capital 20,00,00,000 ... 20,00,00,000
67 Ministry of New and Renewable Energy ................... Revenue 1776,61,00,000 ... 1776,61,00,000
Capital 15,00,00,000 ... 15,00,00,000
68 Ministry of Panchayati Raj ........................................ Revenue 290,46,00,000 ... 290,46,00,000
Capital ... ... ...
69 Ministry of Parliamentary Affairs ............................ Revenue 6,46,00,000 ... 6,46,00,000
Capital ... ... ...
70 Ministry of Personnel, Public Grievances and Pensions . Revenue 505,32,00,000 1,26,00,000 506,58,00,000
Capital 46,96,00,000 17,00,000 47,13,00,000
CHARGED.—Central Vigilance Commission ................ Revenue ... 11,85,00,000 11,85,00,000
Capital ... ... ...
72 Ministry of Petroleum and Natural Gas .................... Revenue 31100,75,00,000 ... 31100,75,00,000
Capital 541,75,00,000 ... 541,75,00,000
73 Ministry of Planning ................................................... Revenue 203,94,00,000 ... 203,94,00,000
Capital 23,00,000 ... 23,00,000
74 Ministry of Power ....................................................... Revenue 7564,39,00,000 ... 7564,39,00,000
Capital 1429,06,00,000 ... 1429,06,00,000
CHARGED.—Staff, Household and Allowances of
the President ............................................................ Revenue ... 21,26,00,000 21,26,00,000
Capital ... ... ...
76 Lok Sabha ..................................................................... Revenue 320,61,00,000 43,00,000 321,04,00,000
Capital ... ... ...
77 Rajya Sabha .................................................................. Revenue 133,17,00,000 51,00,000 133,68,00,000
Capital ... ... ...
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC 1]

1 2 3
No. Sums not exceeding
of Services and purposes Voted Charged
Vote by Parliament on the Total
Consolidated
Fund
Rs. Rs. Rs.
78 Secretariat of the Vice-President ............................... Revenue 2,33,00,000 ... 2,33,00,000
Capital ... ... ...
CHARGED.—Union Public Service Commission ......... Revenue ... 99,48,00,000 99,48,00,000
Capital ... ... ...
80 Ministry of Railways ................................................... Revenue 92040,83,00,000 154,43,00,000 92195,26,00,000
Capital 76200,77,00,000 12,10,00,000 76212,87,00,000
81 Ministry of Road Transport and Highways .............. Revenue 8450,21,00,000 ... 8450,21,00,000
Capital 55585,67,00,000 4,45,00,000 55590,12,00,000
82 Department of Rural Development .......................... Revenue 77256,78,00,000 ... 77256,78,00,000
Capital 33,33,00,000 ... 33,33,00,000
83 Department of Land Resources ................................. Revenue 742,41,00,000 ... 742,41,00,000
Capital ... ... ...
84 Department of Science and Technology .................. Revenue 1750,36,00,000 1,00,000 1750,37,00,000
Capital 30,00,00,000 ... 30,00,00,000
85 Department of Biotechnology .................................. Revenue 860,11,00,000 ... 860,11,00,000
Capital ... ... ...
86 Department of Scientific and Industrial Research ... Revenue 1628,75,00,000 ... 1628,75,00,000
Capital 3,22,00,000 ... 3,22,00,000
87 Ministry of Shipping ................................................... Revenue 738,66,00,000 ... 738,66,00,000
Capital 175,52,00,000 ... 175,52,00,000
88 Ministry of Skill Development and Entrepreneurship Revenue 975,37,00,000 ... 975,37,00,000
Capital 21,03,00,000 ... 21,03,00,000
89 Department of Social Justice and Empowerment .... Revenue 2508,33,00,000 ... 2508,33,00,000
Capital 91,67,00,000 ... 91,67,00,000
90 Department of Empowerment of Persons with
Disabilities ................................................................ Revenue 367,90,00,000 ... 367,90,00,000
Capital 13,74,00,000 ... 13,74,00,000
91 Department of Space .................................................. Revenue 2189,97,00,000 20,00,000 2190,17,00,000
Capital 2235,28,00,000 13,00,000 2235,41,00,000
92 Ministry of Statistics and Programme Implementation Revenue 1870,54,00,000 ... 1870,54,00,000
Capital 4,91,00,000 ... 4,91,00,000
93 Ministry of Steel .......................................................... Revenue 80,43,00,000 ... 80,43,00,000
Capital ... ... ...
94 Ministry of Textiles .................................................... Revenue 2851,74,00,000 ... 2851,74,00,000
Capital 10,30,00,000 ... 10,30,00,000
95 Ministry of Tourism .................................................... Revenue 729,74,00,000 ... 729,74,00,000
Capital ... ... ...
96 Ministry of Tribal Affairs ........................................... Revenue 371,88,00,000 1777,13,00,000 2149,01,00,000
Capital 26,67,00,000 ... 26,67,00,000
97 Ministry of Water Resources, River Development
and Ganga Rejuvenation ......................................... Revenue 2559,41,00,000 17,00,000 2559,58,00,000
Capital 140,63,00,000 ... 140,63,00,000
98 Ministry of Women and Child Development .......... Revenue 9883,30,00,000 ... 9883,30,00,000
Capital ... ... ...
99 Ministry of Youth Affairs and Sports ........................ Revenue 727,30,00,000 ... 727,30,00,000
Capital 11,67,00,000 ... 11,67,00,000
T OTAL : 1133030,89,00,000 2284264,49,00,000 3417295,38,00,000

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. BANSHI Digitally signed by
BANSHI DHAR
DHAR DUBEY

MGIPMRND—3935LS(S3)—15-02-2019.
Date: 2019.02.15
DUBEY 22:47:52 +05'30'
 1

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 14] ubZ fnYyh] c`gLifrokj] Qjojh 21] 2019@ QkYxqu 2] 1940 ¼'kd½
No. 14] NEW DELHI, THURSDAY, FEBRUARY 21, 2019/PHALGUNA 2, 1940 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 21st February, 2019/Phalguna 2, 1940 (Saka)
The following Act of Parliament received the assent of the President on the
21st February, 2019, and is hereby published for general information:—

THE PERSONAL LAWS (AMENDMENT) ACT, 2019

NO. 6 OF 2019
[21st February, 2019.]
An Act further to amend the Divorce Act, 1869, the Dissolution of Muslim
Marriages Act, 1939, the Special Marriage Act, 1954, the Hindu Marriage
Act, 1955 and the Hindu Adoptions and Maintenance Act, 1956.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Personal Laws (Amendment) Act, 2019. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
CHAPTER II
AMENDMENT TO THE DIVORCE ACT, 1869
2. In the Divorce Act, 1869, in section 10, in sub-section (1), clause (iv) shall be Amendment
omitted. of section 10
of Act No. 4
of 1869.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]

CHAPTER III
AMENDMENT TO THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939
Amendment 3. In the Dissolution of Muslim Marriages Act, 1939, in section 2, in ground (vi), the
of section 2 words "leprosy or" shall be omitted.
of Act No. 8
of 1939. CHAPTER IV
AMENDMENT TO THE SPECIAL MARRIAGE ACT, 1954
Amendment 4. In the Special Marriage Act, 1954, in section 27, in sub-section (1), clause (g) shall
of section 27 be omitted.
of Act No. 43
of 1954. CHAPTER V
AMENDMENT TO THE HINDU MARRIAGE ACT, 1955
Amendment 5. In the Hindu Marriage Act, 1955, in section 13, in sub-section (1), clause (iv) shall be
of section 13 omitted.
of Act No. 25
of 1955. CHAPTER VI
AMENDMENT TO THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956
Amendment 6. In the Hindu Adoptions and Maintenance Act, 1956 in section 18, in
of section 18 sub-section (2), clause (c) shall be omitted.
of Act No. 78
of 1956.
————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
BANSHI Digitally signed
by BANSHI DHAR
DHAR DUBEY
Date: 2019.02.22
DUBEY 12:36:07 +05'30'

MGIPMRND—3953GI—21.02.2019.
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 927] ubZ fnYyh] c`gLifrokj] iQjojh 28] 2019@iQkYxqu 9] 1940
No. 927] NEW DELHI, THURSDAY, FEBRUARY 28, 2019/PHALGUNA 9, 1940

िविध और याय
याय मंालय

(िवधायी िवभाग)

अिधसूचना

नई दली, 28 फरवरी, 2019

का.
का. आ. 1061 के ीय सरकार, वीय िविध (संशोधन) अिधिनयम, 2019 (2019 का 6) क धारा 1 क उपधारा (2)
1061 (अ).—
).—

"ारा #द$ शि%य& का #योग करते )ए, 1 माच,, 2019 को ऐसी तारीख के -प म. िनयत करती है िजसको उ% अिधिनयम के उपबंध
#वृ$ ह&गे ।
[फा. सं.11(1)/2017-िव.3]

के. िबवाल, अपर सिचव

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
NOTIFICATION
New Delhi, the 28th February, 2019
S.O. 1061 (E).—In exercise of the powers conferred by sub-section (2) of section 1 of the Personal Laws
(Amendment) Act, 2019 (6 of 2019), the Central Government hereby appoints the 1st day of March, 2019 as the date on
which the provisions of the said Act shall come into force.

[F. No. 11(1)/2017-Leg.III]

K. BISWAL, Addl. Secy.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. Digitally signed by
MANOJ MANOJ KUMAR VERMA
1324 GI/2019 (1) KUMAR VERMA Date: 2019.02.28
18:58:16 +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 15] ubZ fnYyh] c`gLifrokj] Qjojh 21] 2019@ QkYxqu 2] 1940 ¼'kd½
No. 15] NEW DELHI, THURSDAY, FEBRUARY 21, 2019/PHALGUNA 2, 1940 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 21st February, 2019/Phalguna 2, 1940 (Saka)
The following Act of Parliament received the assent of the President on the
21st February, 2019, and is hereby published for general information:—

THE FINANCE ACT, 2019

NO. 7 OF 2019
[21st February, 2019.]
An Act to continue the existing rates of income-tax for the financial
year 2019-2020 and to provide for certain relief to taxpayers and to make
amendments in certain enactments.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Finance Act, 2019. Short title and
commencement.
(2) Save as otherwise provided in this Act, sections 2 to 10 shall come into force
on the 1st day of April, 2019.
CHAPTER II
RATES OF I NCOME-TAX
13 of 2018. 2. The provisions of section 2 of, and the First Schedule to, the Finance Act, 2018, Income-tax.
shall apply in relation to income-tax for the assessment year or, as the case may be, the
financial year commencing on the 1st day of April, 2019, as they apply in relation to
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

income-tax for the assessment year, or as the case may be, the financial year commencing
on the 1st day of April, 2018, with the following modifications, namely:—
(a) in section 2,—
(i) in sub-section (1), for the figures "2018", the figures "2019" shall
be substituted;
(ii) in sub-section (3), for the first proviso, the following proviso shall
be substituted, namely:—
"Provided that the amount of income-tax computed in accordance
with the provisions of section 111A or section 112 or section 112A of the
Income-tax Act shall be increased by a surcharge, for the purposes of the
Union, as provided in Paragraph A, B, C, D or E, as the case may be, of Part I
of the First Schedule:";
(iii) for sub-section (11) and sub-section (12), the following
sub-section shall be substituted, namely:—
‘(11) The amount of income-tax as specified in sub-sections (1)
to (3) and as increased by the applicable surcharge, for the purposes
of the Union, calculated in the manner provided therein, shall be further
increased by an additional surcharge, for the purposes of the Union,
to be called the "Health and Education Cess on income-tax", calculated
at the rate of four per cent. of such income-tax and surcharge so as to
fulfil the commitment of the Government to provide and finance quality
health services and universalised quality basic education and
secondary and higher education.';
(iv) sub-section (13) and sub-section (14) shall be renumbered as
sub-section (12) and sub-section (13), respectively;
(v) in sub-section (13) as so renumbered, in clause (a), for the figures
“2018”, the figures “2019” shall be substituted;
(b) in the First Schedule,—
(i) for Part I, the following Part I shall be substituted, namely:—
"PART I
INCOME-TAX
Paragraph A
(I) In the case of every individual other than the individual referred to in items (ii)
and (iii) of this Paragraph or Hindu undivided family or association of persons or body of
individuals, whether incorporated or not, or every artificial juridical person referred to in
sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which
any other Paragraph of this Part applies,—
Rates of income-tax
(1) where the total income does not Nil;
exceed Rs. 2,50,000
(2) where the total income exceeds 5 per cent. of the amount by which the total
Rs. 2,50,000 but does not exceed income exceeds Rs. 2,50,000;
Rs. 5,00,000
(3) where the total income exceeds Rs. 12,500 plus 20 per cent. of the amount
Rs. 5,00,000 but does not exceed by which the total income exceeds
Rs. 10,00,000 Rs. 5,00,000;
(4) where the total income exceeds Rs. 1,12,500 plus 30 per cent. of the amount
Rs. 10,00,000 by which the total income exceeds
Rs. 10,00,000.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(II) In the case of every individual, being a resident in India, who is of the age of sixty
years or more but less than eighty years at any time during the previous year,—
Rates of income-tax
(1) where the total income does not Nil;
exceed Rs. 3,00,000
(2) where the total income exceeds 5 per cent. of the amount by which the total
Rs. 3,00,000 but does not exceed income exceeds Rs. 3,00,000;
Rs. 5,00,000
(3) where the total income exceeds Rs. 10,000 plus 20 per cent. of the amount
Rs. 5,00,000 but does not exceed by which the total income exceeds
Rs. 10,00,000 Rs. 5,00,000;
(4) where the total income exceeds Rs. 1,10,000 plus 30 per cent. of the amount
Rs. 10,00,000 by which the total income exceeds
Rs. 10,00,000.
(III) In the case of every individual, being a resident in India, who is of the age of eighty
years or more at any time during the previous year,—
Rates of income-tax
(1) where the total income does not Nil;
exceed Rs. 5,00,000
(2) where the total income exceeds 20 per cent. of the amount by which the
Rs. 5,00,000 but does not exceed total income exceeds Rs. 5,00,000;
Rs. 10,00,000
(3) where the total income exceeds Rs. 1,00,000 plus 30 per cent. of the amount
Rs. 10,00,000 by which the total income exceeds
Rs. 10,00,000.
Surcharge on income-tax
The amount of income-tax computed in accordance with the preceding provisions of
this Paragraph, or the provisions of section 111A or section 112 or section 112A of the
Income-tax Act, shall be increased by a surcharge for the purposes of the Union, calculated,
in the case of every individual or Hindu undivided family or association of persons or body
of individuals, whether incorporated or not, or every artificial juridical person referred to in
sub-clause (vii) of clause (31) of section 2 of the Income-tax Act,—
(a) having a total income exceeding fifty lakh rupees but not exceeding one crore
rupees, at the rate of ten per cent. of such income-tax; and
(b) having a total income exceeding one crore rupees, at the rate of fifteen
per cent. of such income-tax:
Provided that in the case of persons mentioned above having total income
exceeding,—
(a) fifty lakh rupees but not exceeding one crore rupees, the total amount
payable as income-tax and surcharge on such income shall not exceed the total
amount payable as income-tax on a total income of fifty lakh rupees by more than
the amount of income that exceeds fifty lakh rupees;
(b) one crore rupees, the total amount payable as income-tax and surcharge
on such income shall not exceed the total amount payable as income-tax and
surcharge on a total income of one crore rupees by more than the amount of
income that exceeds one crore rupees.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Paragraph B
In the case of every co-operative society,—
Rates of income-tax
(1) where the total income does not 10 per cent. of the total income;
exceed Rs. 10,000
(2) where the total income exceeds Rs. 1,000 plus 20 per cent. of the amount by
Rs. 10,000 but does not exceed which the total income exceeds Rs. 10,000;
Rs. 20,000
(3) where the total income exceeds Rs. 3,000 plus 30 per cent. of the amount by
Rs. 20,000 which the total income exceeds Rs. 20,000.
Surcharge on income-tax
The amount of income-tax computed in accordance with the preceding provisions of
this Paragraph, or the provisions of section 111A or section 112 or section 112A of the
Income-tax Act, shall, in the case of every co-operative society, having a total income exceeding
one crore rupees, be increased by a surcharge for the purposes of the Union calculated at the
rate of twelve per cent. of such income-tax:
Provided that in the case of every co-operative society mentioned above having total
income exceeding one crore rupees, the total amount payable as income-tax and surcharge
on such income shall not exceed the total amount payable as income-tax on a total income of
one crore rupees by more than the amount of income that exceeds one crore rupees.
Paragraph C
In the case of every firm,—
Rate of income-tax
On the whole of the total income 30 per cent.
Surcharge on income-tax
The amount of income-tax computed in accordance with the preceding provisions of
this Paragraph, or the provisions of section 111A or section 112 or section 112A of the
Income-tax Act, shall, in the case of every firm, having a total income exceeding one crore
rupees, be increased by a surcharge for the purposes of the Union calculated at the rate of
twelve per cent. of such income-tax:
Provided that in the case of every firm mentioned above having total income exceeding
one crore rupees, the total amount payable as income-tax and surcharge on such income
shall not exceed the total amount payable as income-tax on a total income of one crore rupees
by more than the amount of income that exceeds one crore rupees.
Paragraph D
In the case of every local authority,—
Rate of income-tax
On the whole of the total income 30 per cent.
Surcharge on income-tax
The amount of income-tax computed in accordance with the preceding provisions of
this Paragraph, or the provisions of section 111A or section 112 or section 112A of the
Income-tax Act, shall, in the case of every local authority, having a total income exceeding
one crore rupees, be increased by a surcharge for the purposes of the Union calculated at the
rate of twelve per cent. of such income-tax:
Provided that in the case of every local authority mentioned above having total income
exceeding one crore rupees, the total amount payable as income-tax and surcharge on such
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

income shall not exceed the total amount payable as income-tax on a total income of one
crore rupees by more than the amount of income that exceeds one crore rupees.
Paragraph E
In the case of a company,—
Rates of income-tax
I. In the case of a domestic company,—
(i) where its total turnover or the 25 per cent. of the total income;
gross receipt in the previous
year 2016-2017 does not exceed
two hundred and fifty crore
rupees
(ii) other than that referred to in 30 per cent. of the total income.
item (i)
II. In the case of a company other than a domestic company,—
(i) on so much of the total income as consists of,—
(a) royalties received from
Government or an Indian concern in
pursuance of an agreement made by it
with the Government or the Indian
concern after the 31st day of March,
1961 but before the 1st day of April,
1976; or
(b) fees for rendering technical
services received from Government or
an Indian concern in pursuance of an
agreement made by it with the
Government or the Indian concern after
the 29th day of February, 1964 but
before the 1st day of April, 1976,
and where such agreement has, in either 50 per cent.;
case, been approved by the Central
Government
(ii) on the balance, if any, of the 40 per cent.
total income
Surcharge on income-tax
The amount of income-tax computed in accordance with the preceding provisions of
this Paragraph, or the provisions of section 111A or section 112 or section 112A of the
Income-tax Act, shall be increased by a surcharge for the purposes of the Union calculated,—
(i) in the case of every domestic company,—
(a) having a total income exceeding one crore rupees but not exceeding
ten crore rupees, at the rate of seven per cent. of such income-tax; and
(b) having a total income exceeding ten crore rupees, at the rate of twelve
per cent. of such Income-tax;
(ii) in the case of every company other than a domestic company,—
(a) having a total income exceeding one crore rupees but not exceeding
ten crore rupees, at the rate of two per cent. of such income-tax; and
(b) having a total income exceeding ten crore rupees, at the rate of five per
cent. of such income-tax:
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Provided that in the case of every company having a total income exceeding one
crore rupees but not exceeding ten crore rupees, the total amount payable as income-
tax and surcharge on such income shall not exceed the total amount payable as income-
tax on a total income of one crore rupees by more than the amount of income that
exceeds one crore rupees:
Provided further that in the case of every company having a total income
exceeding ten crore rupees, the total amount payable as income-tax and surcharge on
such income shall not exceed the total amount payable as income-tax and surcharge on
a total income of ten crore rupees by more than the amount of income that exceeds ten
crore rupees.";
(ii) in Part III, in Paragraph E, in sub-paragraph 1, in clause (i), for the words and
figures "previous year 2016-2017", the words and figures "previous year 2017-2018"
shall be substituted;
(iii) in Part IV, in Rule 8,—
(A) for sub-rules (1) and (2), the following sub-rules shall be substituted, namely:—
"(1) Where the assessee has, in the previous year relevant to the assessment
year commencing on the 1st day of April, 2019, any agricultural income and the net
result of the computation of the agricultural income of the assessee for any one or
more of the previous years relevant to the assessment years commencing on the 1st
day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day
of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of
April, 2017 or the 1st day of April, 2018, is a loss, then, for the purposes of
sub-section (2) of section 2 of this Act,—
(i) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2011, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant to
the assessment year commencing on the 1st day of April, 2012 or the 1st day of
April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day
of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018,
(ii) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2012, to the extent, if any, such loss
has not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2013 or the 1st day
of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the
1st day of April, 2017 or the 1st day of April, 2018,
(iii) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2013, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant to
the assessment year commencing on the 1st day of April, 2014 or the 1st day of
April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day
of April, 2018,
(iv) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2014, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant to
the assessment year commencing on the 1st day of April, 2015 or the 1st day of
April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018,
(v) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2015, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant to
the assessment year commencing on the 1st day of April, 2016 or the 1st day of
April, 2017 or the 1st day of April, 2018,
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

(vi) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2016, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant to
the assessment year commencing on the 1st day of April, 2017 or the 1st day of
April, 2018,
(vii) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2017, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant to
the assessment year commencing on the 1st day of April, 2018,
(viii) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2018,
shall be set off against the agricultural income of the assessee for the previous year
relevant to the assessment year commencing on the 1st day of April, 2019.
(2) Where the assessee has, in the previous year relevant to the assessment
year commencing on the 1st day of April, 2020, or, if by virtue of any provision of the
Income-tax Act, income-tax is to be charged in respect of the income of a period other
than the previous year, in such other period, any agricultural income and the net result
of the computation of the agricultural income of the assessee for any one or more of
the previous years relevant to the assessment years commencing on the 1st day of
April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of
April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of
April, 2018 or the 1st day of April, 2019, is a loss, then, for the purposes of
sub-section (10) of section 2 of this Act,—
(i) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2012, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant to
the assessment year commencing on the 1st day of April, 2013 or the 1st day of
April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day
of April, 2017 or the 1st day of April, 2018 or the 1st day of April, 2019,
(ii) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2013, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant to
the assessment year commencing on the 1st day of April, 2014 or the 1st day of
April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day
of April, 2018 or the 1st day of April, 2019,
(iii) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2014, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant to
the assessment year commencing on the 1st day of April, 2015 or the 1st day of
April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018 or the 1st day
of April, 2019,
(iv) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2015, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant to
the assessment year commencing on the 1st day of April, 2016 or the 1st day of
April, 2017 or the 1st day of April, 2018 or the 1st day of April, 2019,
(v) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2016, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant to
the assessment year commencing on the 1st day of April, 2017 or the 1st day of
April, 2018 or the 1st day of April, 2019,
 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(vi) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2017, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant to
the assessment year commencing on the 1st day of April, 2018 or the 1st day of
April, 2019,
(vii) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2018, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant to
the assessment year commencing on the 1st day of April, 2019,
(viii) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2019,
shall be set off against the agricultural income of the assessee for the previous year relevant
to the assessment year commencing on the 1st day of April, 2020.”;
(B) for sub-rule (4), the following sub-rule shall be substituted, namely:—
"(4) Notwithstanding anything contained in this rule, no loss which has
not been determined by the assessing officer under the provisions of these rules
or the rules contained in the First Schedule to the Finance Act, 2011 (8 of 2011)
or the First Schedule to the Finance Act, 2012 (23 of 2012) or the First Schedule
to the Finance Act, 2013 (17 of 2013) or the First Schedule to the Finance (No. 2)
Act, 2014 (25 of 2014) or the First Schedule to the Finance Act, 2015 (20 of 2015)
or the First Schedule to the Finance Act, 2016 (28 of 2016) or the First Schedule
to the Finance Act, 2017 (7 of 2017) or the First Schedule to the Finance Act, 2018
(13 of 2018) shall be set off under sub-rule (1) or, as the case may be,
sub-rule (2).".
CHAPTER III
DIRECT TAXES
Income-tax
Amendment 3. In section 16 of the Income-tax Act, 1961 (hereafter in this Chapter referred to as the 43 of 1961.
of section 16. Income-tax Act), in clause (ia) [as inserted by section 7 of the Finance Act, 2018], for the 13 of 2018.
words "forty thousand", the words "fifty thousand" shall be substituted with effect from the
1st day of April, 2020.
Amendment 4. In section 23 of the Income-tax Act, with effect from the 1st day of April, 2020,—
of section 23.
(a) in sub-section (4),—
(i) in the opening portion, for the words "one house", the words "two
houses" shall be substituted;
(ii) in clause (a), for the word "one", the word "two" shall be substituted;
(iii) in clause (b), for the words "other than the house", the words "other
than the house or houses" shall be substituted;
(b) in sub-section (5), for the words "one year", the words "two years" shall be
substituted.
Amendment 5. In section 24 of the Income-tax Act, with effect from the 1st day of April, 2020,—
of section 24.
(a) in the first proviso, after the words "the amounts of deduction", the words
"or, as the case may be, the aggregate of the amount of deduction" shall be inserted;
(b) in the second proviso, after the words "the amount of deduction", the words
"or, as the case may be, the aggregate of the amounts of deduction" shall be inserted;
(c) after the Explanation to the third proviso, the following proviso shall be
inserted, namely:—
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

"Provided also that the aggregate of the amounts of deduction under the
first and second provisos shall not exceed two lakh rupees.".
6. In section 54 of the Income-tax Act, in sub-section (1), after clause (ii), the following Amendment
provisos shall be inserted with effect from the 1st day of April, 2020, namely:— of section 54.

'Provided that where the amount of the capital gain does not exceed two crore
rupees, the assessee may, at his option, purchase or construct two residential houses
in India, and where such option has been exercised,—
(a) the provisions of this sub-section shall have effect as if for the words
"one residential house in India", the words "two residential houses in India"
had been substituted;
(b) any reference in this sub-section and sub-section (2) to "new asset"
shall be construed as a reference to the two residential houses in India:
Provided further that where during any assessment year, the assessee has
exercised the option referred to in the first proviso, he shall not be subsequently
entitled to exercise the option for the same or any other assessment year.'.
7. In section 80-IBA of the Income-tax Act, in sub-section (2), in clause (a), for the Amendment
figures "2019", the figures "2020" shall be substituted with effect from the 1st day of of section
80-IBA.
April, 2020.
8. In section 87A of the Income-tax Act, with effect from the 1st day of April, 2020,— Amendment
of section
(a) for the words "three hundred fifty thousand", the words "five hundred 87A.
thousand" shall be substituted;
(b) for the words, "two thousand and five hundred", the words "twelve thousand
and five hundred" shall be substituted.
9. In section 194A of the Income-tax Act, in sub-section (3), in clause (i), for the words Amendment
"ten thousand" wherever they occur, the words "forty thousand" shall be substituted. of section
194A.
10. In section 194-I of the Income-tax Act, in the first proviso, for the words "one Amendment
hundred and eighty thousand rupees", the words "two hundred and forty thousand rupees" of section
194-I..
shall be substituted.
CHAPTER IV
MISCELLANEOUS
PART I
AMENDMENTS TO THE INDIAN STAMP ACT, 1899
11. The provisions of this Part shall come into force on such date as the Central Commencement
Government may, by notification in the Official Gazette, appoint. of this Part.

2 of 1899. 12. In section 2 of the Indain Stamp Act, 1899 (hereafter in this Part referred to as the Amendment
principal Act),— of section 2.

(a) for clause (1), the following clauses shall be substituted, namely:—
'(1) "allotment list" means a list containing details of allotment of the
securities intimated by the issuer to the depository under sub-section (2) of
22 of 1996. section 8 of the Depositories, Act, 1996;
(1A) "banker" includes a bank and any person acting as a banker;';
(b) in clause (5), the following long line shall be added at the end, namely:—
"but does not include a debenture;";
(c) after clause (7), the following clauses shall be inserted, namely:—
'(7A) "clearance list" means a list of transactions of sale and purchase
relating to contracts traded on the stock exchanges submitted to a clearing
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

corporation in accordance with the law for the time being in force in this
behalf;
(7B) "clearing corporation" means an entity established to undertake the
activity of clearing and settlement of transactions in securities or other instruments
and includes a clearing house of a recognised stock exchange;';
(d) after clause (10), the following clauses shall be inserted, namely:—
'(10A) "debenture" includes—
(i) debenture stock, bonds or any other instrument of a company
evidencing a debt, whether constituting a charge on the assets of the
company or not;
(ii) bonds in the nature of debenture issued by any incorporated
company or body corporate;
(iii) certificate of deposit, commercial usance bill, commercial paper
and such other debt instrument of original or initial maturity upto one year
as the Reserve Bank of India may specify from time to time;
(iv) securitised debt instruments; and
(v) any other debt instuments specified by the Securities and
Exchange Board of India from time to time;
(10B) "depository" includes—
(a) a depository as defined in clause (e) of sub-section (1) of section 2 of
the Depositories Act, 1996; and 22 of 1996.

(b) any other entity declared by the Central Government, by notification in

the Official Gazette, to be a depository for the purposes of this Act;';
(e) in clause (12), the words and figures "and includes attribution of electronic
record within the meaning of section 11 of the Information Technology Act, 2000" shall 21 of 2000.
be inserted at the end.
(f) for clause (14), the following clause shall be substituted, namely:—
'(14) "instrument" includes—
(a) every document, by which any right or liability is, or purports to
be, created, transferred, limited, extended, extinguished or recorded;
(b) a document, electronic or otherwise, created for a transaction in
a stock exchange or depository by which any right or liability is, or purports
to be, created, transferred, limited, extended, extinguished or recorded; and
(c) any other document mentioned in Schedule I,
but does not include such instruments as may be specified by the Government,
by notification in the Official Gazette;';
(g) after clause (15), the following clause shall be inserted, namely:—
'(15A) "issuer" means any person making an issue of securities;';
(h) for clause (16A), the following clauses shall be substituted, namely:—
'(16A) "marketable security" means a security capable of being traded in
any stock exchange in India;
(16B) "market value", in relation to an instrument through which—
(a) any security is traded in a stock exchange, means the price at
which it is so traded;
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

(b) any security which is transferred through a depository but not

traded in the stock exchange, means the price or the consideration
mentioned in such instrument;
(c) any security is dealt otherwise than in the stock exchange or
depository, means the price or consideration mentioned in such instrument;';
(i) after clause (23), the following clause shall be inserted, namely:—
'(23A) "securities" includes—
(i) securities as defined in clause (h) of section 2 of the Securities
42 of 1956. Contracts (Regulation) Act, 1956;
(ii) a "derivative" as defined in clause (a) of section 45U of the
2 of 1934. Reserve Bank of India Act, 1934;
(iii) a certificate of deposit, commercial usance bill, commercial paper,
repo on corporate bonds and such other debt instrument of original or
initial maturity upto one year as the Reserve Bank of India may specify
from time to time; and
(iv) any other instrument declared by the Central Government, by
notification in the Official Gazette, to be securities for the purposes of this
Act;';
(j) after clause (26), the following clause shall be inserted, namely:—
'(27) "stock exchange" includes—
(i) a recognised stock exchange as defined in clause (f) of section 2
42 of 1956. of the Securities Contracts (Regulation) Act, 1956; and
(ii) such other platform for trading or reporting a deal in securities,
as may be specified by the Central Government, by notification in the
Official Gazette, for the purposes of this Act.'.
13. In section 4 of the principal Act, after sub-section (2), the following sub-section Amendment
shall be inserted, namely:— of section 4.

"(3) Notwithstanding anything contained in sub-sections (1) and (2), in the

case of any issue, sale or transfer of securities, the instrument on which stamp-duty is
chargeable under section 9A shall be the principal instrument for the purpose of this
section and no stamp-duty shall be charged on any other instruments relating to any
such transaction.".
14. For section 8A of the principal Act, the following section shall be substituted, Substitution
namely:— of new
section for
section 8A.

'8A. Notwithstanding anything contained in this Act or any other law for the Securities
time being in force,— dealt in
depository
(a) an issuer, by the issue of securities to one or more depositories, shall, not liable to
in respect of such issue, be chargeable with duty on the total amount of securities stamp-duty.
issued by it and such securities need not be stamped;
(b) the transfer of registered ownership of securities from a person to a
depository or from a depository to a beneficial owner shall not be liable to duty.
Explanation.—For the purposes of this section, the expression "beneficial
ownership" shall have the same meaning as assigned to it in clause (a) of
22 of 1996. sub-section (1) of section 2 of the Depositories Act, 1996.'.
 12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Insertion of 15. In Chapter II of the principal Act, after Part A relating to 'Of the liability of instruments
new Part AA. to duty', the following Part shall be inserted, namely:—
'AA.—Of the liability of instruments of transaction in stock exchanges and
depositories to duty
Instruments 9A. (1) Notwithstanding anything contained in this Act,—
chargeable
with duty for (a) when the sale of any securities, whether delivery based or
transactions otherwise, is made through a stock exchange, the stamp-duty on each
in stock such sale in the clearance list shall be collected on behalf of the State
exchanges
and
Government by the stock exchange or a clearing corporation authorised
depositories. by it, from its buyer on the market value of such securities at the time of
settlement of transactions in securities of such buyer, in such manner as
the Central Government may, by rules, provide;
(b) when any transfer of securities for a consideration, whether
delivery based or otherwise, is made by a depository otherwise than on
the basis of any transaction referred to in clause (a), the stamp-duty on
such transfer shall be collected on behalf of the State Government by the
depository from the transferor of such securities on the consideration
amount specified therein, in such manner as the Central Government may,
by rules, provide;
(c) when pursuant to issue of securities, any creation or change in
the records of a depository is made, the stamp-duty on the allotment list
shall be collected on behalf of the State Government by the depository
from the issuer of securities on the total market value of the securities as
contained in such list, in such manner as the Central Government may, by
rules, provide.
(2) Notwithstanding anything contained in this Act, the instruments
referred to in sub-section (1) shall be chargeable with duty as provided therein
at the rate specified in Schedule I and such instruments need not be stamped.
(3) From the date of commencement of this Part, no stamp-duty shall be
charged or collected by the State Government on any note or memorandum or
any other document, electronic or otherwise, associated with the transactions
mentioned in sub-section (1).
(4) The stock exchange or a clearing corporation authorised by it or the
depository, as the case may be, shall, within three weeks of the end of each
month and in accordance with the rules made in this behalf by the Central
Government, in consultation with the State Government, transfer the stamp-duty
collected under this section to the State Government where the residence of the
buyer is located and in case the buyer is located outside India, to the State
Government having the registered office of the trading member or broker of such
buyer and in case where there is no such trading member of the buyer, to the
State Government having the registered office of the participant:
Provided that before such transfer, the stock exchange or the clearing
corporation authorised by it or the depository shall be entitled to deduct such
percentage of stamp-duty towards facilitation charges as may be specified in
such rules.
Explanation.—The term "participant" shall have the same meaning as
assigned to it in clause (g) of section 2 of the Depositories Act, 1996. 22 of 1996.

(5) Every stock exchange or the clearing corporation authorised by it and

depository shall submit to the Government details of the transactions referred to
in sub-section (1) in such manner as the Central Government may, by rules,
provide.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

9B. Notwithstanding anything contained in this Act,— Instruments

chargeable
(a) when any issue of securities is made by an issuer otherwise than with duty for
through a stock exchange or depository, the stamp-duty on each such transactions
otherwise
issue shall be payable by the issuer, at the place where its registered office
than through
is located, on the total market value of the securities so issued at the rate stock
specified in Schedule I; exchanges
and
(b) when any sale or transfer or reissue of securities for consideration depositories.
is made otherwise than through a stock exchange or depository, the stamp-
duty on each such sale or transfer or reissue shall be payable by the seller
or transferor or issuer, as the case may be, on the consideration amount
specified in such instrument at the rate specified in Schedule I.'.
16. In section 21 of the principal Act,— Amendment
of section 21.
(a) for the words "the value of such stock or security according to the average
price or the value thereof on the day of the date of the instrument.", the words "the
market value of such stock or security:" shall be substituted;
(b) the following proviso shall be inserted, namely:—
"Provided that the market value for calculating the stamp-duty shall be, in
the case of—
(i) options in any securities, the premium paid by the buyer;
(ii) repo on corporate bonds, interest paid by the borrower; and
(iii) swap, only the first leg of the cash flow.".
17. In section 29 of the principal Act,— Amendment
of section 29.
(i) in clause (a),—
(a) the words, figures and brackets "No. 27 (Debenture)" shall be omitted;
(b) the words, figures, brackets and letter "No. 62 (a) (Transfer of shares in
an incorporated Company or other body corporate)" shall be omitted;
(c) the words, figures, brackets and letter "No. 62 (b) (Transfer of
debentures, being marketable securities, whether the debenture is liable to duty
or not, except debentures provided for by section 8)" shall be omitted;
(ii) in clause (e), after the word "exchange", the words "including swap" shall be
inserted;
(iii) in clause (f), the word "and" shall be omitted;
(iv) after clause (g), the following clauses shall be inserted, namely:—
"(h) in the case of sale of security through stock exchange, by the buyer of
such security;
(i) in the case of sale of security otherwise than through a stock exchange,
by the seller of such security;
(j) in the case of transfer of security through a depository, by the transferor
of such security;
(k) in the case of transfer of security otherwise than through a stock
exchange or depositiory, by the transferor of such security;
(l) in the case of issue of security, whether through a stock exchange or a
depository or otherwise, by the issuer of such security; and
(m) in the case of any other instrument not specified herein, by the person
making, drawing or executing such instrument.".
 14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Insertion of 18. After section 62 of the principal Act, the following section shall be inserted,
new section
62A.
namely:—
Penalty for "62A. (1) Any person who,—
failure to
comply with (a) being required under sub-section (1) of section 9A to collect duty, fails
provisions of to collect the same; or
section 9A.
(b) being required under sub-section (4) of section 9A to transfer the duty
to the State Government within fifteen days of the expiry of the time specified
therein, fails to transfer within such time,
shall be punishable with fine which shall not be less than one lakh rupees, but
which may extend upto one per cent. of the collection or transfer so defaulted.
(2) Any person who,—
(a) being required under sub-section (5) of section 9A to submit details of
transactions to the Government, fails to submit the same; or
(b) submits a document or makes a declaration which is false or which
such person knows or believes to be false,
shall be punishable with fine of one lakh rupees for each day during which such
failure continues or one crore rupees, whichever is less.".
Insertion of 19. After section 73 of the principal Act, the following section shall be inserted,
new section namely:—
73A.

Power of "73A. (1) The Central Government may, by notification in the Official Gazette,
Central make rules for carrying out the provisions of Part AA of Chapter II.
Government
to make rules. (2) Without prejudice to the generality of the provisions of sub-section (1), the
Central Government may make rules for all or any of the following matters, namely:—
(a) the manner of collection of stamp-duty on behalf of the State
Government by the stock exchange or the clearing corporation authorised by it,
from its buyer under clause (a) of sub-section (1) of section 9A;
(b) the manner of collection of stamp-duty on behalf of the State
Government by the depository from the transferor under clause (b) of
sub-section (1) of section 9A;
(c) the manner of collection of stamp-duty on behalf of the State
Government by the depository from the issuer under clause (c) of sub-section (1)
of section 9A;
(d) the manner of transfer of stamp-duty to the State Government under
sub-section (4) of section 9A;
(e) any other matter which has to be, or may be, provided by rules.".
Amendment 20. In section 76 of the principal Act, after sub-section (2), the following sub-section
of section 76. shall be inserted, namely:—
"(2A) Every rule made by the Central Government under this Act shall be laid, as
soon as may be after it is made, before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the case
may be; so, however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.".
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

21. In Schedule I of the principal Act,— Amendment

of Schedule I.
(i) in Article 19, in column (1),—
(a) after the words "CERTIFICATE OR OTHER DOCUMENT", the brackets,
words, figures and letter "(except the certificate or other document covered
under Articles 27 and 56A)" shall be inserted;
(b) the words, brackets and figures "See also LETTER OF ALLOTMENT
OF SHARES (No. 36)" shall be omitted;
(ii) for Article 27 and the entries relating thereto, the following Article and entries
shall be subsitituted, namely:—

(1) (2)
"27. DEBENTURE—[as defined by section 2 (10A)]
(see sections 9A and 9B)
(a) in case of issue of debenture; 0.005%
(b) in case of transfer and re-issue of debenture. 0.0001%";
(iii) in Article 28, for the entry in column (1), after the words "DELIVERY ORDER
IN RESPECT OF GOODS,", the brackets and words "(excluding delivery order in
respect of settlement of transactions in securities in stock exchange)" shall be inserted;
(iv) in Article 36, for the entry in column (1), the following entry shall be
substituted, namely:—
"36. LETTER OF ALLOTMENT in respect of any loan to be raised by any
company or proposed company.";
(v) after Article 56 and the entry relating thereto, the following Article and entries
shall be inserted, namely:—

(1) (2)
"56A. SECURITY OTHER THAN DEBENTURES
(see sections 9A and 9B)—
(a) issue of security other than debenture; 0.005%
(b) transfer of security other than debenture on delivery basis; 0.015%
(c) transfer of security other than debenture on non-delivery basis; 0.003%
(d) derivatives—
(i) futures (equity and commodity) 0.002%
(ii) options (equity and commodity) 0.003%
(iii) currency and interest rate derivatives 0.0001%
(iv) other derivatives 0.002%
(e) Government securities 0%
(f) repo on corporate bonds 0.00001%";

(vi) in Article 62, items (a) and (b) and the entries relating thereto shall be omitted.
PART II
AMENDMENT TO THE PREVENTION OF MONEY-LAUNDERING ACT, 2002
22. In section 8 of the Prevention of Money-laundering Act, 2002, in sub-section (3), Amendment
with effect from such date as the Central Government may, by notification in the Official of section 8
of Act 15 of
Gazette, appoint,— 2003.
(i) in clause (a), for the words "ninety days", the words "three hundred and
sixty-five days" shall be substituted;
 16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

(ii) after clause (b), the following Explanation shall be inserted, namely:—
"Explanation.—For the purposes of computing the period of three hundred
and sixty-five days under clause (a), the period during which the investigation is
stayed by any court under any law for the time being in force shall be excluded.".

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
BANSHI Digitally signed
by BANSHI
DHAR DHAR DUBEY
Date: 2019.02.22
DUBEY 12:33:48 +05'30'

MGIPMRND—3954GI—21.02.2019.
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

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EXTRAORDINARY
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PART II — Section 1
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PUBLISHED BY AUTHORITY

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No. 27] NEW DELHI, MONDAY, JULY 08, 2019/ASHADHA 17, 1941 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 8th July, 2019/Ashadha 17, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
6th July, 2019, and is hereby published for general information:—
THE SPECIAL ECONOMIC ZONES (AMENDMENT) ACT, 2019
NO. 8 OF 2019
[6th July, 2019.]
An Act to amend the Special Economic Zones Act, 2005.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
1. (1) This Act may be called the Special Economic Zones (Amendment) Act, 2019. Short title and
commencement.
(2) It shall be deemed to have come into force on the 2nd day of March, 2019.
28 of 2005. 2. In section 2 of the Special Economic Zones Act, 2005, in clause (v),— Amendment
of section 2.
(i) after the words "local authority", the words ", trust or any entity as may be
notified by the Central Government" shall be inserted;
(ii) for the words "authority or company", the words "authority, company, trust
or entity" shall be substituted.
Ord. 12 of 2019. 3. (1) The Special Economic Zones (Amendment) Ordinance, 2019 is hereby repealed. Repeal and
savings.
(2) Notwithstanding such repeal, anything done or any action taken under the said
Ordinance shall be deemed to have been done or taken under this Act.

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
BANSH Digitally signed
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. by BANSHI DHAR
I DHAR DUBEY
Date: 2019.07.08

DUBEY 19:43:09 +05'30'

MGIPMRND—1325GI(S3)—08-07-2019.
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 28] ubZ fnYyh] eaxyokj] tqykbZ 09] 2019@ vk"kk<+ 18] 1941 ¼'kd½
No. 28] NEW DELHI, TUESDAY, JULY 09, 2019/ASHADHA 18, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 9th July, 2019/Ashadha 18, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
9th July, 2019, and is hereby published for general information:—

THE JAMMU AND KASHMIR RESERVATION (AMENDMENT)

ACT, 2019
NO. 9 OF 2019
[9th July, 2019.]
An Act further to amend the Jammu and Kashmir Reservation Act, 2004.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Jammu and Kashmir Reservation (Amendment) Short title and
Act, 2019. commencement.

(2) It shall be deemed to have come into force on the 1st day of March, 2019.
XIV of 2004. 2. In section 2 of the Jammu and Kashmir Reservation Act, 2004 (hereinafter referred to Amendment
as the principal Act), in clause (o),— of section 2.

(a) for sub-clause (ii), the following sub-clause shall be substituted, namely:—
"(ii) the persons residing in the area adjoining Actual Line of Control and
International Border; and";
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]

(b) in second proviso, in clause (ix), in the proviso, for the words "Actual Line
of Control", the words "Actual Line of Control or International Border" shall be
substituted.
Amendment 3. In section 3 of the principal Act, in sub-section (2), for the words "Line of Actual
of section 3. Control", the words "Actual Line of Control or International Border" shall be substituted.
Repeal and 4. (1) The Jammu and Kashmir Reservation (Amendment) Ordinance, 2019 is hereby Ord. 8 of
savings. repealed. 2019.

(2) Notwithstanding such repeal, anything done or any action taken under the said
Ordinance shall be deemed to have been done or taken under this Act.

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. Digitally signed
BANSHI by BANSHI DHAR
DHAR DUBEY
Date: 2019.07.09
DUBEY 22:36:21 +05'30'
MGIPMRND—1374GI(S3)—09-07-2019.
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 29] ubZ fnYyh] eaxyokj] tqykbZ 09] 2019@ vk"kk<+ 18] 1941 ¼'kd½
No. 29] NEW DELHI, TUESDAY, JULY 09, 2019/ASHADHA 18, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 9th July, 2019/Ashadha 18, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
9th July, 2019, and is hereby published for general information:—

THE CENTRAL EDUCATIONAL INSTITUTIONS (RESERVATION IN

TEACHERS' CADRE) ACT, 2019
NO. 10 OF 2019
[9th July, 2019.]
An Act to provide for the reservation of posts in appointments by direct recruitment
of persons belonging to the Scheduled Castes, the Scheduled Tribes, the
socially and educationally backward classes and the economically weaker
sections, to teachers' cadre in certain Central Educational Institutions
established, maintained or aided by the Central Government, and for matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
1. (1) This Act may be called the Central Educational Institutions (Reservation in Short title and
Teachers' Cadre) Act, 2019. commencement.

(2) It shall be deemed to have come into force on the 7th day of March, 2019.
2. In this Act, unless the context otherwise requires,— Definitions.

(a) "appropriate authority" means the University Grants Commission established

3 of 1956. under the University Grants Commission Act, 1956, or any other authority or body
established by or under a Central Act for the determination, coordination or maintenance
of the standards of higher education in any Central Educational Institution;
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) "branch of study" means a branch of study leading to three principal levels
of qualifications at bachelors (under graduate), masters (post graduate) and doctoral
levels;
(c) "Central Educational Institution" means—
(i) a University established or incorporated by or under a Central Act;
(ii) an institution of national importance established by an Act of
Parliament;
(iii) an institution, declared as an institution deemed to be University
under section 3 of the University Grants Commission Act, 1956, and maintained 3 of 1956.
by or receiving aid from the Central Government;
(iv) an institution maintained by or receiving aid from the Central
Government, whether directly or indirectly, and affiliated to an institution referred
to in sub-clause (i) or sub-clause (ii), or a constituent unit of an institution
referred to in sub-clause (iii); and
(v) an educational institution established by the Central Government under
the Societies Registration Act, 1860; 21 of 1860.

(d) "direct recruitment" means the process of appointing faculty by inviting

applications against public advertisement from persons eligible to teach in a Central
Educational Institution;
(e) "economically weaker sections" means such weaker sections as are referred
to in Explanation to clause (6) of article 15 of the Constitution;
(f) "faculty" means the faculty of a Central Educational Institution;
(g) "Minority Educational Institution" means an institution established and
administered by the minorities under clause (1) of article 30 of the Constitution and so
declared by an Act of Parliament or by the Central Government or declared as a Minority
Educational Institution under the National Commission for Minority Educational
Institutions Act, 2004; 2 of 2005.

(h) "sanctioned strength" means the number of posts in teachers' cadre approved
by the appropriate authority;
(i) "Scheduled Castes" means the Scheduled Castes notified under article 341 of
the Constitution;
(j) "Scheduled Tribes" means the Scheduled Tribes notified under article 342 of
the Constitution;
(k) "socially and educationally backward classes" means such backward classes
as are so deemed under article 342A of the Constitution;
(l) "teachers' cadre" means a class of all the teachers of a Central Educational
Institution, regardless of the branch of study or faculty, who are remunerated at the
same grade of pay, excluding any allowance or bonus.
Reservation 3. (1) Notwithstanding anything in any other law for the time being in force, there shall
of posts in be reservation of posts in direct recruitment out of the sanctioned strength in teachers' cadre
recruitments
by Central
in a Central Educational Institution to the extent and in the manner as may be specified by
Educational the Central Government by notification in the Official Gazette.
Institutions.
(2) For the purpose of reservation of posts, a Central Educational Institution shall be
regarded as one unit.
Act not 4. (1) The provisions of section 3 shall not apply to—
to apply in
certain cases. (a) the institutions of excellence, research institutions, institutions of national
and strategic importance specified in the Schedule to this Act;
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(b) a Minority Educational Institution.

(2) The Central Government may, by notification in the Official Gazette, amend the
Schedule referred to in clause (a) of sub-section (1) from time to time.
5. Every notification made by the Central Government under this Act shall be laid, as Laying of
soon as may be after it is made, before each House of Parliament while it is in session, for a notifications
before
total period of thirty days which may be comprised in one session or in two or more successive Parliament.
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
notification or both Houses agree that the notification should not be made, the notification
shall thereafter have effect only in such modified form or be of no effect, as the case may be;
so, however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that notification.
6. (1) The Central Educational Institutions (Reservation in Teachers' Cadre) Repeal and
Ord. 13 of Ordinance, 2019 is hereby repealed. savings.
2019.
(2) Notwithstanding such repeal, anything done or any action taken under the said
Ordinance shall be deemed to have been done or taken under this Act.
 4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— SEC. 1]

THE SCHEDULE
[See section 4(1)(a)]
Sl. No. Name of the Institution of Excellence, etc.
(1) (2)
1. Homi Bhabha National Institute, Mumbai and its constituent units, namely:—
(i) Bhabha Atomic Research Centre, Trombay;
(ii) Indira Gandhi Centre for Atomic Research, Kalpakkam;
(iii) Raja Ramanna Centre for Advanced Technology, Indore;
(iv) Institute for Plasma Research, Gandhinagar;
(v) Variable Energy Cyclotron Centre, Kolkata;
(vi) Saha Institute of Nuclear Physics, Kolkata;
(vii) Institute of Physics, Bhubaneshwar;
(viii) Institute of Mathematical Sciences, Chennai;
(ix) Harish-Chandra Research Institute, Allahabad;
(x) Tata Memorial Centre, Mumbai.
2. Tata Institute of Fundamental Research, Mumbai.
3. North-Eastern Indira Gandhi Regional Institute of Health and Medical Science,
Shillong.
4. National Brain Research Centre, Manesar, Gurgaon.
5. Jawaharlal Nehru Centre for Advanced Scientific Research, Bangalore.
6. Physical Research Laboratory, Ahmedabad.
7. Space Physics Laboratory, Thiruvananthapuram.
8. Indian Institute of Remote Sensing, Dehradun.

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
BANSHI Digitally signed by BANSHI
DHAR DUBEY
DHAR Date: 2019.07.09 22:38:57
+05'30'
DUBEY
MGIPMRND—1375GI(S3)—09-07-2019.
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 30] ubZ fnYyh] lkseokj] tqykbZ 15] 2019@ vk"kk<+ 24] 1941 ¼'kd½
No. 30] NEW DELHI, MONDAY, JULY 15, 2019/ASHADHA 24, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 15th July, 2019/Ashadha 24, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
15th July, 2019, and is hereby published for general information:—

THE HOMOEOPATHY CENTRAL COUNCIL (AMENDMENT)

ACT, 2019
NO. 11 OF 2019
[15th July, 2019.]
An Act further to amend the Homoeopathy Central Council Act, 1973.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

1. (1) This Act may be called the Homoeopathy Central Council (Amendment) Short title and
Act, 2019. commencement.

(2) It shall come into force on the 2nd day of March, 2019.
59 of 1973. 2. In section 3A of the Homoeopathy Central Council Act, 1973, in sub-section (2), for Amendment of
the words "within a period of one year", the words "within a period of two years" shall be section 3A.
substituted.
Ord. 11 of 3. (1) The Homoeopathy Central Council (Amendment) Ordinance, 2019 is hereby Repeal and
2019. repealed. savings.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]

(2) Notwithstanding such repeal, anything done or any action taken under the
Homoeopathy Central Council Act, 1973, as amended by the said Ordinance, shall be deemed 59 of 1973.
to have been done or taken under the corresponding provisions of the said Act as amended
by this Act.

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Digitally signed
BANSHI by BANSHI DHAR
DHAR DUBEY
Date: 2019.07.15
MGIPMRND—1554GI(S3)—15-07-2019. DUBEY 22:21:19 +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 31] ubZ fnYyh] eaxyokj] tqykbZ 16] 2019@ vk"kk<+ 25] 1941 ¼'kd½
No. 31] NEW DELHI, TUESDAY, JULY 16, 2019/ASHADHA 25, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 16th July, 2019/Ashadha 25, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
16th July, 2019, and is hereby published for general information:—

THE INDIAN MEDICAL COUNCIL (AMENDMENT) ACT, 2019

NO. 12 OF 2019
[16th July, 2019.]
An Act further to amend the Indian Medical Council Act, 1956.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Indian Medical Council (Amendment) Act, 2019. Short title and
commencement.
(2) (A) The provisions of this Act shall, except sub-clause (i) of clause (c) of section 2,
be deemed to have come into force on the 26th day of September, 2018; and
(B) sub-clause (i) of clause (c) of section 2 shall be deemed to have come into force on
the 12th day of January, 2019.
102 of 1956. 2. In section 3A of the Indian Medical Council Act, 1956,— Amendment
of section 3A.
(a) in sub-section (1), for the words, brackets and figures "Indian Medical Council
32 of 2010. (Amendment) Act, 2010", the words, brackets and figures "Indian Medical Council
(Amendment) Act, 2019" shall be substituted;
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]

(b) in sub-section (2), for the words "three years", the words "two years" shall
be substituted;
(c) in sub-section (4),—
(i) for the words "seven persons", the words "twelve persons" shall be
substituted;
(ii) for the words "and medical education", the words "and medical
education or proven administrative capacity and experience" shall be
substituted;
(d) after sub-section (7), the following sub-section shall be inserted, namely:—
"(7A) The Board of Governors shall be assisted by a Secretary General
who shall be appointed by the Central Government on deputation or contract
basis and he shall be the head of the secretariat in the Council.".
Repeal and 3. (1) The Indian Medical Council (Amendment) Second Ordinance, 2019 is hereby Ord. 5 of 2019.
savings. repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Indian
Medical Council Act, 1956, as amended by the said Ordinance, shall be deemed to have been 102 of 1956.
done or taken under the corresponding provisions of the said Act, as amended by this Act.

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
BANSHI Digitally signed
by BANSHI DHAR
DHAR DUBEY
Date: 2019.07.16
DUBEY 22:07:32 +05'30'

MGIPMRND—1627GI(S3)—16-07-2019.
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 32] ubZ fnYyh] c`gLifrokj] tqykbZ 18] 2019@ vk"kk<+ 27] 1941 ¼'kd½
No. 32] NEW DELHI, THURSDAY, JULY 18, 2019/ASHADHA 27, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 18th July, 2019/Ashadha 27, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
17th July, 2019, and is hereby published for general information:—

THE DENTISTS (AMENDMENT) ACT, 2019

NO. 13 OF 2019
[17th July, 2019.]
An Act further to amend the Dentists Act, 1948.

BE it enacted by Parliament in the Seventieth Year of the Republic of India as

follows:—
1. (1) This Act may be called the Dentists (Amendment) Act, 2019. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
16 of 1948. 2. In section 3 of the Dentists Act, 1948 (hereinafter referred to as the principal Amendment
Act), in clause (f), the words and letter "and at least two shall be dentists registered in of section 3.
Part B of a State register" shall be omitted.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]

Amendment 3. In section 21 of the principal Act, clause (b) shall be omitted.

of section 21.
Amendment 4. In section 23 of the principal Act, clause (b) shall be omitted.
of section 23.

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. BANSHI Digitally signed
by BANSHI
DHAR DHAR DUBEY
Date: 2019.07.18
DUBEY 18:53:05 +05'30'

MGIPMRND—1776GI(S3)—18-07-2019.
jftLVªh laö Mhö, yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 2494] ubZ fnYyh] cq/okj] tqykbZ 31] 2019@Jko.k 9] 1941
No. 2494] NEW DELHI, WEDNESDAY, JULY 31, 2019/SHRAVANA 9, 1941

वा

वा
य एवं प
रवार क याण
याण मंालय

(दंत िशा अनुभाग)

अिधसूचना

नई दली, 30 जुलाई, 2019

का.आ.
का.आ. 2744(
2744(अ).—
).— के  सरकार, दंत िचकसक (संशोधन) अिधिनयम, 2019 (2019 का 13) क# धारा 1 क#
उप-धारा (2) $ारा %द& शि'य( का %योग करते *ए दनांक 30 जुलाई, 2019 को इस अिधिनयम के %भावी होने क#

तारीख के 3प म5 एत6ारा िनधा78रत करती है।

[सं. वी. 12025/11/2012-डीई (वायूम. II) ]
सुनील शमा7, संयु>त सिचव
MINISTRY OF HEALTH AND FAMILY WELFARE
(Dental Education Section)
NOTIFICATION
New Delhi, the 30th July, 2019
S.O. 2744(E).—In exercise of the powers conferred by Sub-section (2) of Section 1 of the
Dentists (Amendment) Act, 2019 (13 of 2019), the Central Government hereby appoints the 30th day of July,
2019, as the date on which the said Act shall come into force.
[F.No. V.12025/11/2012-DE(Vol.II)]
SUNIL SHARMA, Jt. Secy.
3920 GI/2019
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. Digitally signed
ALOK by ALOK KUMAR
Date: 2019.08.02
KUMAR 10:59:44 +05'30'
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 33] ubZ fnYyh] cq/kokj] tqykbZ 24] 2019@ Jko.k 2] 1941 ¼'kd½
No. 33] NEW DELHI, WEDNESDAY, JULY 24, 2019/SHRAVANA 2, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 24th July, 2019/Shravana 2, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
23rd July, 2019, and is hereby published for general information:—

THE AADHAAR AND OTHER LAWS (AMENDMENT) ACT, 2019

NO. 14 OF 2019
[23rd July, 2019.]
An Act to amend the Aadhaar (Targeted Delivery of Financial and Other Subsidies,
Benefits and Services) Act, 2016 and further to amend the Indian Telegraph
Act, 1885 and the Prevention of Money-laundering Act, 2002.

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

PART I
PRELIMINARY
1. (1) This Act may be called the Aadhaar and Other Laws (Amendment) Act, 2019. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint; and different dates may be appointed for different provisions
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

of this Act and any reference in any such provision to the commencement of this Act shall
be construed as a reference to the commencement of that provision.
PART II
AMENDMENTS TO THE AADHAAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES,
BENEFITS AND SERVICES) ACT, 2016
Amendment 2. In the long title of the Aadhaar (Targeted Delivery of Financial and Other Subsidies,
of Long title Benefits and Services) Act, 2016 (hereafter in this Part referred to as the principal Act), after
of Act 18 of
2016.
the words “the Consolidated Fund of India”, the words “or the Consolidated Fund of the
State” shall be inserted.
Amendment 3. In section 2 of the Principal Act,—
of section 2.
(i) for clause (a), the following clause shall be substituted, namely:—
‘(a) “Aadhaar number” means an identification number issued to an
individual under sub-section (3) of section 3, and includes any alternative virtual
identity generated under sub-section (4) of that section;’;
(ii) after clause (a), the following clause shall be inserted, namely:—
‘(aa) “Aadhaar ecosystem” includes enrolling agencies, Registrars,
requesting entities, offline verification-seeking entities and any other entity or
group of entities as may be specified by regulations;’;
(iii) after clause (b), the following clauses shall be inserted, namely:—
‘(ba) “Adjudicating Officer” means an Adjudicating Officer appointed
under sub-section (1) of section 33B;
(bb) “Appellate Tribunal” means the Appellate Tribunal referred to in
sub-section (1) of section 33C;’;
(iv) after clause (i), the following clause shall be inserted, namely:—
‘(ia) “child” means a person who has not completed eighteen years of
age;’;
(v) after clause (p), the following clauses shall be inserted, namely:—
‘(pa) “offline verification” means the process of verifying the identity of
the Aadhaar number holder without authentication, through such offline modes
as may be specified by regulations;
(pb) “offline verification-seeking entity” means any entity desirous of
undertaking offline verification of an Aadhaar number holder;’.
Amendment 4. In section 3 of the principal Act, after sub-section (3), the following sub-section
of section 3. shall be inserted, namely:—
“(4) The Aadhaar number issued to an individual under sub-section (3) shall
be a twelve-digit identification number and any alternative virtual identity as an
alternative to the actual Aadhaar number of an individual that shall be generated by
the Authority in such manner as may be specified by regulations.”.
Insertion of 5. After section 3 of the principal Act, the following section shall be inserted,
new section namely:—
3A.
Aadhaar “3A. (1) The enrolling agency shall, at the time of enrolment of a child, seek the
number of consent of the parent or guardian of the child, and inform the parent or guardian, the
children.
details specified under sub-section (2) of section 3.
(2) A child who is an Aadhaar number holder may, within a period of six months
of attaining the eighteen years of age, make an application to the Authority for
cancellation of his Aadhaar number, in such manner as may be specified by regulations
and the Authority shall cancel his Aadhaar number.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(3) Notwithstanding anything in section 7, a child shall not be denied any

subsidy, benefit or service under that section in case of failure to establish his identity
by undergoing authentication, or furnishing proof of possession of Aadhaar number,
or in the case of a child to whom no Aadhaar number has been assigned, producing an
application for enrolment.”.
6. In section 4 of the principal Act, for sub-section (3), the following sub-sections Amendment
shall be substituted, namely:— of section 4.

“(3) Every Aadhaar number holder to establish his identity, may voluntarily use
his Aadhaar number in physical or electronic form by way of authentication or offline
verification, or in such other form as may be notified, in such manner as may be
specified by regulations.
Explanation.—For the purposes of this section, voluntary use of the Aadhaar
number by way of authentication means the use of such Aadhaar number only with
the informed consent of the Aadhaar number holder.
(4) An entity may be allowed to perform authentication, if the Authority is
satisfied that the requesting entity is—
(a) compliant with such standards of privacy and security as may be
specified by regulations; and
(b) (i) permitted to offer authentication services under the provisions of
any other law made by Parliament; or
(ii) seeking authentication for such purpose, as the Central Government
in consultation with the Authority, and in the interest of State, may prescribe.
(5) The Authority may, by regulations, decide whether a requesting entity shall
be permitted the use of the actual Aadhaar number during authentication or only an
alternative virtual identity.
(6) Every requesting entity to whom an authentication request is made by an
Aadhaar number holder under sub-section (3) shall inform to the Aadhaar number
holder of alternate and viable means of identification and shall not deny any service to
him for refusing to, or being unable to, undergo authentication.
(7) Notwithstanding anything contained in the foregoing provisions, mandatory
authentication of an Aadhaar number holder for the provision of any service shall take
place if such authentication is required by a law made by Parliament.”.
7. In section 7 of the principal Act, after the words “the Consolidated Fund of India”, Amendment
of section 7.
the words “or the Consolidated Fund of State” shall be inserted.
8. In section 8 of the principal Act,— Amendment
of section 8.
(a) in sub-section (2),—
(i) in clause (a), after the words “consent of an individual”, the words
“, or in the case of a child obtain the consent of his parent or guardian” shall be
inserted;
(ii) after clause (b), the following proviso shall be inserted, namely:—
“Provided that the requesting entity shall, in case of failure to
authenticate due to illness, injury or infirmity owing to old age or otherwise
or any technical or other reasons, provide such alternate and viable means
of identification of the individual, as may be specified by regulations.”;
(b) in sub-section (3), after the words “for authentication,”, the words “or in the
case of a child, his parent or guardian” shall be inserted.
 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Insertion of 9. After section 8 of the principal Act, the following section shall be inserted,
new section 8A. namely:—
Offline “8A. (1) Every offline verification of an Aadhaar number holder shall be performed
verification in accordance with the provisions of this section.
of Aadhaar
number. (2) Every offline verification-seeking entity shall,—
(a) before performing offline verification, obtain the consent of an
individual, or in the case of a child, his parent or guardian, in such manner as
may be specified by regulations; and
(b) ensure that the demographic information or any other information
collected from the individual for offline verification is only used for the purpose
of such verification.
(3) An offline verification-seeking entity shall inform the individual undergoing
offline verification, or in the case of a child, his parent or guardian, the following
details with respect to offline verification, in such manner as may be specified by
regulations, namely:—
(a) the nature of information that may be shared upon offline verification;
(b) the uses to which the information received during offline verification
may be put by the offline verification-seeking entity; and
(c) alternatives to submission of information requested for, if any.
(4) No offline verification-seeking entity shall—
(a) subject an Aadhaar number holder to authentication;
(b) collect, use, or store an Aadhaar number or biometric information of
any individual for any purpose;
(c) take any action contrary to any obligation on it as may be specified by
regulations.”.
Substitution of 10. For section 21 of the principal Act, the following section shall be substituted,
new section namely:—
for section 21.
Officers and “21. (1) The Authority shall appoint such officers and employees as may be
other required for the discharge of its functions under this Act.
employees of
Authority. (2) The salaries and allowances payable to, and the other terms and conditions
of service of, the officers and employees of the Authority shall be such as may be
specified by regulations.”.
Insertion of 11. After section 23 of the principal Act, the following section shall be inserted,
new section namely:—
23A.
Power of “23A. (1) The Authority may for the discharge of its functions under this Act, or
Authority to any rules or regulations made thereunder, by order, issue such directions from time to
issue time to any entity in the Aadhaar ecosystem, as it may consider necessary.
directions.
(2) Every direction issued under sub-section (1) shall be complied with by the
entity in the Aadhaar ecosystem to whom such direction is issued.”.
Substitution 12. For section 25 of the principal Act, the following section shall be substituted,
of new namely:—
section for
section 25.

Fund. “25. (1) There shall be constituted a Fund to be called the Unique Identification
Authority of India Fund and there shall be credited thereto—
(a) all grants, fees and charges received by the Authority under this Act; and
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

(b) all sums received by the Authority from such other sources as may be
decided upon by the Central Government.
(2) The Fund shall be applied for meeting—
(a) the salaries and allowances payable to the Chairperson and members
and administrative expenses including the salaries, allowances and pension
payable to or in respect of officers and other employees of the Authority; and
(b) the expenses on objects and for purposes authorised by this Act.”.
13. In section 29 of the principal Act,— Amendment
of section 29.
(a) for sub-section (3), the following sub-section shall be substituted, namely:—
“(3) No identity information available with a requesting entity or offline
verification-seeking entity shall be—
(a) used for any purpose, other than the purposes informed in writing
to the individual at the time of submitting any information for authentication
or offline verification; or
(b) disclosed for any purpose, other than purposes informed in
writing to the individual at the time of submitting any information for
authentication or offline verification:
Provided that the purposes under clauses (a) and (b) shall be in
clear and precise language understandable to the individual.”;
(b) in sub-section (4), for the words “or core biometric information”, the words
‘‘, demographic information or photograph”, shall be substituted.
14. In section 33 of the principal Act,— Amendment
of section 33.
(i) in sub-section (1),—
(a) for the words “District Judge”, the words “Judge of a High Court”
shall be substituted;
(b) in the proviso, after the words “hearing to the Authority”, the words
“and the concerned Aadhaar number holder” shall be inserted;
(c) after the proviso, the following proviso shall be inserted, namely:—
“Provided further that the core biometric information shall not be
disclosed under this sub-section.”;
(ii) in sub-section (2), for the words “Joint Secretary”, the word “Secretary”
shall be substituted.
15. After Chapter VI of the principal Act, the following Chapter shall be inserted, Insertion of
namely:— new Chapter
VIA.
“CHAPTER VIA
CIVIL PENALTIES
33A. (1) Where an entity in the Aadhaar ecosystem fails to comply with the Penalty for
provision of this Act, the rules or regulations made thereunder or directions issued by failure to
comply with
the Authority under section 23A, or fails to furnish any information, document, or provisions of
return of report required by the Authority, such entity shall be liable to a civil penalty this Act, rules,
which may extend to one crore rupees for each contravention and in case of a regulations
continuing failure, with additional penalty which may extend to ten lakh rupees for and directions.
every day during which the failure continues after the first contravention.
(2) The amount of any penalty imposed under this section, if not paid, may be
recovered as if it were an arrear of land revenue.
 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Power to 33B. (1) For the purposes of adjudication under section 33A and imposing a
adjudicate. penalty thereunder, the Authority shall appoint an officer of the Authority, who is not
below the rank of a Joint Secretary to the Government of India and possessing such
qualification and experience as may be prescribed, to be an Adjudicating Officer for
holding an inquiry in such manner as may be prescribed.
(2) No inquiry under sub-section (1) shall be initiated except by a complaint
made by the Authority.
(3) While holding an inquiry, the Adjudicating Officer shall—
(a) provide the entity in the Aadhaar ecosystem against whom complaint
is made, an opportunity of being heard;
(b) have the power to summon and enforce the attendance of any person
acquainted with the facts and circumstances of the case to give evidence or to
produce any document which, in the opinion of the Adjudicating Officer, may be
useful for or relevant to the subject matter of the inquiry.
(4) If the Adjudicating Officer, on such inquiry, is satisfied that the entity in the
Aadhaar ecosystem has failed to comply with any provision of this Act or the rules or
regulations made thereunder or directions issued by the Authority under section 23A,
or has failed to furnish any information, document, or return of report required by the
Authority, the Adjudicating Officer may, by order, impose such penalty under
section 33A as he thinks fit.
Appeals to 33C. (1) The Telecom Disputes Settlement and Appellate Tribunal established
Appellate under section 14 of the Telecom Regulatory Authority of India Act, 1997, shall be 24 of 1997.
Tribunal.
Appellate Tribunal for the purposes of hearing appeals against the decision of the
Adjudicating Officer under this Act.
(2) A person or entity in the Aadhaar ecosystem aggrieved by an order of the
Adjudicating Officer under section 33B, may prefer an appeal to the Appellate Tribunal
within a period of forty-five days from the date of receipt of the order appealed against,
in such form and manner and accompanied with such fee as may be prescribed:
Provided that the Appellate Tribunal may entertain an appeal after the expiry of
the said period of forty-five days if it is satisfied that there was sufficient cause for not
filing it within that period.
(3) On receipt of an appeal under sub-section (2), the Appellate Tribunal may,
after giving the parties to the appeal an opportunity of being heard, pass such orders
thereon as it thinks fit, confirming, modifying or setting aside the order appealed
against.
(4) The Appellate Tribunal shall send a copy of every order made by it to the
parties to the appeal and to the Adjudicating Officer.
(5) Any appeal filed under sub-section (2) shall be dealt with by the Appellate
Tribunal as expeditiously as possible and every endeavour shall be made by it to
dispose of the appeal within six months from the date on which it is presented to it.
(6) The Appellate Tribunal may, for the purpose of deciding an appeal before it,
call for the records relevant to disposing of such appeal and make such orders as it
thinks fit.
Procedure and 33D. The provisions of sections 14-I to 14K (both inclusive), 16 and 17 of the
powers of the Telecom Regulatory Authority of India Act, 1997 shall, mutatis mutandis, apply to the 24 of 1997.
Appellate Appellate Tribunal in the discharge of its functions under this Act, as they apply to it
Tribunal.
in the discharge of its functions under that Act.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

5 of 1908. 33E. (1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 Appeal to
or in any other law for the time being in force, an appeal shall lie against any order, not Supreme Court
of India.
being an interlocutory order, of the Appellate Tribunal to the Supreme Court on any
substantial question of law arising out of such order.
(2) No appeal shall lie against any decision or order made by the Appellate
Tribunal which the parties have consented to.
(3) Every appeal under this section shall be preferred within a period of
forty-five days from the date of the decision or order appealed against:
Provided that the Supreme Court may entertain an appeal after the expiry of the
said period of forty-five days if it is satisfied that there was sufficient cause for not
filing it within that period.
33F. No civil court shall have jurisdiction to entertain any suit or proceeding in Civil court not
respect of any matter which an Adjudicating Officer appointed under this Act or the to have
jurisdiction.
Appellate Tribunal is empowered, by or under this Act to determine, and no injunction
shall be granted by any court or other authority in respect of any action taken or to be
taken in pursuance of any power conferred by or under this Act.”.
16. In section 38 of the principal Act, for the words “three years”, the words Amendment
“ten years” shall be substituted. of section 38.

17. In section 39 of the principal Act, for the words “three years”, the words Amendment
“ten years” shall be substituted. of section 39.

18. For section 40 of the principal Act, the following section shall be substituted, Substitution of
namely:— new section
for section 40.

“40. Whoever,— Penalty for

unauthorised
(a) being a requesting entity, uses the identity information of an individual use by
in contravention of sub-section (2) of section 8; or requesting
entity or
(b) being an offline verification-seeking entity, uses the identity information offline
of an individual in contravention of sub-section (2) of section 8A, verification-
seeking entity.
shall be punishable with imprisonment which may extend to three years or with a fine
which may extend to ten thousand rupees or, in the case of a company, with a fine
which may extend to one lakh rupees or with both.”.
19. In section 42 of the principal Act, for the words “one year”, the words Amendment
“three years” shall be substituted. of section 42.

20. In section 47 of the principal Act, in sub-section (1), the following proviso shall be Amendment of
inserted, namely:— section 47.

“Provided that the court may, on a complaint made by an Aadhaar number

holder or individual take cognizance of any offence punishable under section 34 or 35
or 36 or 37 or 40 or section 41.”.
21. After section 50 of the principal Act, the following section shall be inserted, Insertion of
namely:— new section
50A.
43 of 1961. “50A. Notwithstanding anything contained in the Income-tax Act, 1961 or any Exemption
other enactment for the time being in force relating to tax on income, profits or gains, from tax on
income.
the Authority shall not be liable to pay income-tax or any other tax in respect of its
income, profits or gains.”.
22. In section 51 of the principal Act, for the words “Member, officer”, the words Amendment
“Member or officer” shall be substituted. of section 51.
 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 23. In section 53 of the principal Act, in sub-section (2),—

of section 53.
(i) after clause (a), the following clause shall be inserted, namely:—
“(aa) the purpose for which the requesting entity may be allowed by the
Authority to perform authentication under sub-clause (ii) of clause (b) of
sub-section (4) of section 4;”;
(ii) after clause (g), the following clauses shall be inserted, namely:—
“(ga) the qualification and experience of, and the manner of appointment
of, the Adjudicating Officer under sub-section (1) of section 33B;
(gb) the form, manner, and fee for an appeal to be filed under
sub-section (2) of section 33C;”.
Amendment 24. In section 54 of the principal Act, in sub-section (2),—
of section 54.
(i) for clause (a), the following clause shall be substituted, namely:—
“(a) the entities or group of entities in the Aadhaar ecosystem under
clause (aa), the biometric information under clause (g) and the demographic
information under clause (k), the process of collecting demographic information
and biometric information from the individuals by enrolling agencies under
clause (m), and the modes of offline verification of Aadhaar number holder
under clause (pa) of section 2;”;
(ii) after clause (b), the following clauses shall be inserted, namely:—
“(ba) the manner of generating an alternative virtual identity under
sub-section (4) of section 3;
(bb) the manner in which cancellation of an Aadhaar number may be
carried out under sub-section (2) of section 3A;”;
(iii) after clause (c), the following clauses shall be inserted, namely:—
“(ca) standards of privacy and security to be complied with by the
requesting entities under sub-section (4) of section 4;
(cb) the classification of requesting entities under sub-section (5) of
section 4;”;
(iv) after clause (f), the following clauses shall be inserted, namely:—
“(fa) the alternate and viable means of identification of individual under
the proviso to clause (b) of sub-section (2) of section 8;
(fb) the manner of obtaining consent under clause (a) of sub-section (2),
the manner of providing information to the individual undergoing offline
verification under sub-section (3), and the obligations of offline
verification-seeking entities under clause (c) of sub-section (4) of section 8A;”.
Omission of 25. Section 57 of the principal Act shall be omitted.
section 57.
PART III
AMENDMENT TO THE INDIAN TELEGRAPH ACT, 1885
Amendment 26. In section 4 of the Indian Telegraph Act, 1885, after sub-section (2), the following
of section 4 of sub-sections shall be inserted, namely:—
Act 13 of
1885. ‘(3) Any person who is granted a license under the first proviso to
sub-section (1) to establish, maintain or work a telegraph within any part of India, shall
identify any person to whom it provides its services by—
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

(a) authentication under the Aadhaar (Targeted Delivery of Financial and

18 of 2016. Other Subsidies, Benefits and Services) Act, 2016; or
(b) offline verification under the Aadhaar (Targeted Delivery of Financial
18 of 2016. and Other Subsidies, Benefits and Services) Act, 2016; or
15 of 1967. (c) use of passport issued under section 4 of the Passports Act, 1967; or
(d) use of any other officially valid document or modes of identification as
may be notified by the Central Government in this behalf.
(4) If any person who is granted a license under the first proviso to
sub-section (1) to establish, maintain or work a telegraph within any part of India is
using authentication under clause (a) of sub-section (3) to identify any person to
whom it provides its services, it shall make the other modes of identification under
clauses (b) to (d) of sub-section (3) also available to such person.
(5) The use of modes of identification under sub-section (3) shall be a voluntary
choice of the person who is sought to be identified and no person shall be denied any
service for not having an Aadhaar number.
(6) If, for identification of a person, authentication under clause (a) of
sub-section (3) is used, neither his core biometric information nor the Aadhaar number
of the person shall be stored.
(7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central
Government from specifying further safeguards and conditions for compliance by any
person who is granted a license under the first proviso to sub-section (1) in respect of
identification of person to whom it provides its services.
Explanation.—The expressions “Aadhaar number” and “core biometric
information” shall have the same meanings as are respectively assigned to them in
clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and
18 of 2016. Other Subsidies, Benefits and Services) Act, 2016.’.
PART IV
AMENDMENTS TO THE PREVENTION OF MONEY-LAUNDERING ACT, 2002
15 of 2002. 27. In Chapter IV of the Prevention of Money-laundering Act, 2002 (hereafter in this Insertion of
new section
Part, referred to as the principal Act), before section 12, the following section shall be 11A.
inserted, namely:—
‘11A. (1) Every reporting entity shall verify the identity of its clients and the Verification of
beneficial owner, by— identity by
reporting
(a) authentication under the Aadhaar (Targeted Delivery of Financial and entity.
18 of 2016. Other Subsidies, Benefits and Services) Act, 2016 if the reporting entity is a
banking company; or
(b) offline verification under the Aadhaar (Targeted Delivery of Financial
18 of 2016. and Other Subsidies, Benefits and Services) Act, 2016; or
15 of 1967. (c) use of passport issued under section 4 of the Passports Act, 1967; or
(d) use of any other officially valid document or modes of identification as
may be notified by the Central Government in this behalf:
Provided that the Central Government may, if satisfied that a reporting entity
other than banking company, complies with such standards of privacy and security
under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and
18 of 2016. Services) Act, 2016, and it is necessary and expedient to do so, by notification, permit
such entity to perform authentication under clause (a):
 10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]

Provided further that no notification under the first proviso shall be issued
without consultation with the Unique Identification Authority of India established
under sub-section (1) of section 11 of the Aadhaar (Targeted Delivery of Financial and
Other Subsidies, Benefits and Services) Act, 2016 and the appropriate regulator. 18 of 2016.

(2) If any reporting entity performs authentication under clause (a) of

sub-section (1), to verify the identity of its client or the beneficial owner it shall make
the other modes of identification under clauses (b), (c) and (d) of sub-section (1) also
available to such client or the beneficial owner.
(3) The use of modes of identification under sub-section (1) shall be a voluntary
choice of every client or beneficial owner who is sought to be identified and no client
or beneficial owner shall be denied services for not having an Aadhaar number.
(4) If, for identification of a client or beneficial owner, authentication or offline
verification under clause (a) or clause (b) of sub-section (1) is used, neither his core
biometric information nor his Aadhaar number shall be stored.
(5) Nothing in this section shall prevent the Central Government from notifying
additional safeguards on any reporting entity in respect of verification of the identity
of its client or beneficial owner.
Explanation.—The expressions “Aadhaar number” and “core biometric
information” shall have the same meanings as are respectively assigned to them in
clauses (a) and ( j) of section 2 of the Aadhaar (Targeted Delivery of Financial and
Other Subsidies, Benefits and Services) Act, 2016.’. 18 of 2016.

Amendment 28. In section 12 of the principal Act, in sub-section (1), clauses (c) and (d) shall be
of section 12. omitted.
Amendment 29. In section 73 of the principal Act, in sub-section (2), clauses (j) and (jj) shall be
of section 73. omitted.
Repeal and 30. (1) The Aadhaar and Other Laws (Amendment) Ordinance, 2019 is hereby repealed. Ord. 9 of
savings. 2019.
(2) Notwithstanding the repeal of the said Ordinance, anything done or any action
taken under the said Ordinance shall be deemed to have been done or taken under the
corresponding provisions of this Act.

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
BANSHI Digitally signed
by BANSHI DHAR
DHAR DUBEY

MGIPMRND—1958GI(S3)—24-07-2019. DUBEY
Date: 2019.07.24
19:46:31 +05'30'
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99

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Hkkx II—[k.M 3—mi -[k.M (ii)
PART II—Section 3—Sub-section (ii)
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PUBLISHED BY AUTHORITY
la- 2418] ubZ fnYyh] c`gLifrokj] tqykbZ 25] 2019@Jko.k 3] 1941
No. 2418] NEW DELHI, THURSDAY, JULY 25, 2019/SHRAVANA 3, 1941

इलेॉिनक
और सूचना ौोिगक
मंालय
अिधसूचना

नई
दली, 25 जुलाई, 2019

,
(अ).—के ीय सरकार आधार और अय िविधयां (संशोधन)
का. आ. 2649(अ).
2649(अ).— अिधिनयम, 2019 (2019 का
14) क धारा 1 क उपधारा (2) ारा द! शि"य# का योग करते &ए, 25 जुलाई, 2019 को उस तारीख के )प
म+ िनयत करती है, िजसको उ" अिधिनयम क धारा 1 से धारा 30 के उपबंध वृ! ह#गे |

[फा. सं. 13(6)/2018-ईजी-II]

,
गोपालकृ1णन स. संयु" सिचव

MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

NOTIFICATION
New Delhi, the 25th July, 2019
S.O. 2649(E).—In exercise of the powers conferred by sub-section (2) of section 1 of the Aadhaar and
Other Laws (Amendment) Act, 2019 (14 of 2019), the Central Government hereby appoints the 25th day of
July, 2019, as the date on which the provisions of sections 1 to 30 of said Act shall come into force.
[F. No. 13(6)/2018-EG-II]
GOPALAKRISHNAN S., Jt. Secy.

3808 GI/2019
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. Digitally signed by
MANOJ MANOJ KUMAR VERMA
KUMAR VERMA Date: 2019.07.25
20:29:07 +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

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EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
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PUBLISHED BY AUTHORITY

lañ 34] ubZ fnYyh] cq/kokj] tqykbZ 24] 2019@ Jko.k 2] 1941 ¼'kd½
No. 34] NEW DELHI, WEDNESDAY, JULY 24, 2019/SHRAVANA 2, 1941 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 24th July, 2019/Shravana 2, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
23rd July, 2019, and is hereby published for general information:—

THE CENTRAL UNIVERSITIES (AMENDMENT) ACT, 2019

NO. 15 OF 2019
[23rd July, 2019.]
An Act further to amend the Central Universities Act, 2009.

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

1. (1) This Act may be called the Central Universities (Amendment) Act, 2019. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
25 of 2009. 2. After section 3B of the Central Universities Act, 2009 (hereinafter referred to as the Insertion of
principal Act), the following sections shall be inserted, namely:— new sections
3C and 3D.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Establishment “3C. There shall be established a University, which shall be a body corporate, to
of Central be known as the Central University of Andhra Pradesh, having its territorial jurisdiction
University of
Andhra
extending to the whole of the State of Andhra Pradesh, as specified in the First Schedule
Pradesh. to this Act.
Establishment 3D. There shall be established a Tribal University, which shall be a body
of Central corporate, to be known as the Central Tribal University of Andhra Pradesh, having its
Tribal
territorial jurisdiction extending to the whole of the State of Andhra Pradesh, as specified
University of
Andhra in the First Schedule to this Act, to provide avenues of higher education and research
Pradesh. facilities primarily for the tribal population of India.”.
Amendment 3. In section 5 of the principal Act, the following proviso shall be inserted at the end,
of section 5. namely:—
“Provided that the Tribal University established under section 3D shall take
additional measures for paying special attention to the tribal centric higher education
and research, including art, culture and customs.”.
Substitution 4. For the First Schedule to the principal Act, the following Schedule shall be
of new substituted, namely:—
Schedule for
First Schedule. “THE FIRST SCHEDULE
[See section 3(4)]
Serial Name of the Name of the University Territorial jurisdiction
No. State

(1) (2) (3) (4)

1. Andhra Pradesh Central University of Andhra Pradesh Whole of the State of
Andhra Pradesh.
2. Andhra Pradesh Central Tribal University of Whole of the State of
Andhra Pradesh Andhra Pradesh.
3. Bihar Central University of South Bihar Territory in the south of
the River Ganges in the
State of Bihar.
4. Bihar Mahatma Gandhi Central University Territory in the north of the
River Ganges in the State
of Bihar.
5. Gujarat Central University of Gujarat Whole of the State of
Gujarat.
6. Haryana Central University of Haryana Whole of the State of
Haryana.
7. Himachal Central University of Whole of the State of
Pradesh Himachal Pradesh Himachal Pradesh.
8. Jammu and Central University of Kashmir Kashmir Division of the
Kashmir State of Jammu and
Kashmir.
9. Jammu and Central University of Jammu Jammu Division of the
Kashmir State of Jammu and
Kashmir.
10. Jharkhand Central University of Jharkhand Whole of the State of
Jharkhand.
11. Karnataka Central University of Karnataka Whole of the State of
Karnataka.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

Serial Name of the Name of the University Territorial jurisdiction

No. State

(1) (2) (3) (4)

12. Kerala Central University of Kerala Whole of the State of
Kerala.
13. Odisha Central University of Odisha Whole of the State of
Odisha.
14. Punjab Central University of Punjab Whole of the State of
Punjab.
15. Rajasthan Central University of Rajasthan Whole of the State of
Rajasthan.
16. Tamil Nadu Central University of Tamil Nadu Whole of the State of
Tamil Nadu.”.

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
BANSHI Digitally signed
by BANSHI DHAR
DHAR DUBEY
Date: 2019.07.24
DUBEY 19:48:44 +05'30'

MGIPMRND—1959GI(S3)—24-07-2019.
jftLVªh laö Mhö,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 2532] ubZ fnYyh] lkseokj] vxLr 5] 2019@Jko.k 14] 1941
No. 2532] NEW DELHI, MONDAY, AUGUST 5, 2019/SHRAVANA 14, 1941

मानव संसाधन िवकास मंालय

(उचतर
चतर िश ा िवभाग)
िवभाग)
अिधसूचना
नई
दली, 5 अगत, 2019

का.
का.आ. 2786(
86(अ).—क ीय सरकार, क ीय िवविवालय (संशोधन) अिधिनयम, 2019 (2019 का 15) क धारा
1 क उपधारा (2) ारा द शिय का योग करते ए 5 अगत, 2019 को उस ितिथ के प म िनयत करती है जब उ

अिधिनयम के ावधान वृ हगे।

[फा. सं. 42-1/2018-सीयू- II]

जी. सी. होसुर, संयु,त सिचव

MINISTRY OF HUMAN RESOURCE DEVELOPMENT

(Department of Higher Education)
NOTIFICATION
New Delhi, the 5th August, 2019
S.O. 2786(E).—In exercise of the powers conferred by sub-section (2) of section 1 of the Central Universities
(Amendment) Act, 2019 (15 of 2019), the Central Government hereby appoints the 5th day of August, 2019, as the date
on which the provisions of the said Act shall come into force.
[F. No. 42-1/2018-CU.II]
G. C. HOSUR, Jt. Secy.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
3986 GI/2019 (1)
ALOK by ALOK KUMAR Digitally signed

Date: 2019.08.05
KUMAR 15:31:36 +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 35] ubZ fnYyh] c`gLifrokj] tqykbZ 25] 2019@ Jko.k 3] 1941 ¼'kd½
No. 35] NEW DELHI, THURSDAY, JULY 25, 2019/SHRAVANA 3, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 25th July, 2019/Shravana 3, 1941 (Saka)

The following Act of Parliament received the assent of the President on the
24th July, 2019, and is hereby published for general information:—

THE NATIONAL INVESTIGATION AGENCY (AMENDMENT)

ACT, 2019
NO. 16 OF 2019
[24th July, 2019.]
An Act to amend the National Investigation Agency Act, 2008.

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

1. (1) This Act may be called the National Investigation Agency (Amendment) Short title and
Act, 2019. commencement.

(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
34 of 2008. 2. In the National Investigation Agency Act, 2008 (hereinafter referred to as the Amendment
of section 1.
principal Act), in section 1, in sub-section (2),—
(i) in clause (b), the word “and” occurring at the end, shall be omitted;
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(ii) in clause (c), after the words “may be”, the word “and” shall be inserted;
(iii) after clause (c), the following clause shall be inserted, namely:—
“(d) to persons who commit a Scheduled Offence beyond India against
the Indian citizens or affecting the interest of India.”.
Amendment 3. In section 2 of the principal Act, in sub-section (1), in clause (h), for the words “a
of section 2. Special Court constituted”, the words “a Court of Session designated as Special Court”
shall be substituted.
Amendment 4. In section 3 of the principal Act, in sub-section (2), after the word “India”, the
of section 3. words “and, subject to any international treaty or domestic law of the concerned country,
outside India,” shall be inserted.
Amendment 5. In section 6 of the principal Act, after sub-section (7), the following sub-sections
of section 6. shall be inserted, namely:—
“(8) Where the Central Government is of the opinion that a Scheduled Offence
has been committed at any place outside India to which this Act extends, it may direct
the Agency to register the case and take up investigation as if such offence has been
committed in India.
(9) For the purposes of sub-section (8), the Special Court at New Delhi shall
have the jurisdiction.’’.
Amendment 6. In section 11 of the principal Act,—
of section 11.
(i) in the marginal heading, for the word “constitute”, the words “designate
Court of Session as” shall be substituted;
(ii) in sub-section (1),—
“(a) for the portion beginning with the words “The Central Government”,
and ending with the words “Special Courts”, the words “The Central Government
shall, in consultation with the Chief Justice of the High Court, by notification in
the Official Gazette, for the trial of Scheduled Offences, designate one or more
Courts of Session as Special Court” shall be substituted;
(b) the following Explanation shall be inserted, namely:—
'Explanation.—For the purposes of this sub-section, the expression
"High Court" means the High Court of the State in which a Court of
Session to be designated as Special Court is functioning.';
(iii) sub-sections (3), (4), (5), (6) and (7) shall be omitted;
(iv) in sub-section (8),—
(a) for the words "by a person appointed as a Judge or an additional
Judge of a Special Court", the words, brackets and figure "by the Sessions
Judge of the Court of Session referred to in sub-section (1)" shall be substituted;
(b) for the words "such judge or additional judge and the Central
Government", the words "judge of the Special Court and the appointing authority
in consultation with the Central Government" shall be substituted;
(c) for the words "as may be specified in that order" occurring at the end,
the words ",whichever is earlier" shall be substituted;
(v) for sub-section (9), the following sub-section shall be substituted, namely:—
"(9) When more than one Special Court is designated for an area or areas,
the senior-most Judge shall distribute the business among them.".
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

7. In section 22 of the principal Act,— Amendment

of section 22.
(i) in the marginal heading, for the word "constitute", the words "designate
Court of Session as" shall be substituted;
(ii) in sub-section (1), for the words "constitute one or more", the words
"designate one or more Courts of Session as" shall be substituted;
(iii) in sub-sections (2), (3) and (4), for the word "constituted" wherever it
occurs, the word "designated" shall be substituted.
8. In the Schedule to the principal Act,-— Amendment
of Schedule.
(i) for serial number 1 and the entry relating thereto, the following serial numbers
and entries shall be substituted, namely:—
"1. The Explosive Substances Act, 1908 (6 of 1908);
1A. The Atomic Energy Act, 1962 (33 of 1962);";
(ii) in serial number 3, for the figures, brackets and word "1982 (65 of 1982)",
the figures, brackets and word "2016 (30 of 2016)" shall be substituted;
(iii) in serial number 8, for entry (b), the following entries shall be substituted,
namely:—
"(b) Sections 370 and 370A of Chapter XVI of the Indian Penal Code
(45 of 1860);
(c) Sections 489-A to 489-E (both inclusive) of the Indian Penal Code
(45 of 1860);
(d) Sub-section (1AA) of section 25 of Chapter V of the Arms Act, 1959
(54 of 1959);
(e) Section 66F of Chapter XI of the Information Technology Act, 2000
(21 of 2000).".

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. BANSHI Digitally signed by
BANSHI DHAR
DHAR DUBEY
Date: 2019.07.25
DUBEY 21:45:12 +05'30'

MGIPMRND—2083GI(S3)—25-07-2019.
jftLVªh laö Mhö, yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 2527] ubZ fnYyh] 'kqØokj] vxLr 2] 2019@Jko.k 11] 1941
No. 2527] NEW DELHI, FRIDAY, AUGUST 2, 2019/SHRAVANA 11, 1941

गृह मंालय
अिधसूचना
नई
दली, 2 अगत, 2019
का.
का.आ. 2780(अ
2780(अ).—
).—के ीय सरकार, राीय अवेषण अिभकरण (संशोधन) अिधिनयम, 2019 (2019 का16) क# धारा 1 क#
उपधारा (2) 'ारा (द) शि*य+ का (योग करते ,ए, तारीख 2 अगत, 2019 को ऐसी तारीख के 0प म1 िनयत करती है िजसको उ*

अिधिनयम के उपबंध (वृ) ह+गे।

[फा.सं.11011/25/2013/एनआईए]
िपयूष गोयल, संयु* सिचव

MINISTRY OF HOME AFFAIRS

NOTIFICATION
New Delhi, the 2nd August, 2019
S.O. 2780(E).—In exercise of the powers conferred by sub-section (2) of section 1 of the National Investigation
Agency (Amendment) Act, 2019 (16 of 2019), the Central Government hereby appoints the 2nd August, 2019, as the
date on which the provisions of the said Act shall come into force.
[F.No. 11011/25/2013/NIA]
PIYUSH GOYAL, Jt. Secy.

3968 GI/2019
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.

ALOK Digitally signed

by ALOK KUMAR
Date: 2019.08.02
KUMAR 15:29:31 +05'30'
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 36] ubZ fnYyh] 'kqØ okj] tqykbZ 26] 2019@ Jko.k 4] 1941 ¼'kd½
No. 36] NEW DELHI, FRIDAY, JULY 26, 2019/SHRAVANA 4, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 26th July, 2019/Shravana 4, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
26th July, 2019, and is hereby published for general information:—

THE NEW DELHI INTERNATIONAL ARBITRATION CENTRE

ACT, 2019
NO. 17 OF 2019
[26th July, 2019.]
An Act to provide for the establishment and incorporation of the New Delhi
International Arbitration Centre for the purpose of creating an independent
and autonomous regime for institutionalised arbitration and for acquisition
and transfer of the undertakings of the International Centre for Alternative
Dispute Resolution and to vest such undertakings in the New Delhi
International Arbitration Centre for the better management of arbitration so
as to make it a hub for institutional arbitration and to declare the New Delhi
International Arbitration Centre to be an institution of national importance
and for matters connected therewith or incidental thereto.
WHEREAS dispute resolution process has a huge impact on the Indian economy and
global perception on doing business in our country and it has become necessary to inspire
confidence and credibility among the litigants of commercial disputes;
AND WHEREAS rapidly changing economic activity demands expeditious settlement of
disputes and creation and establishment of institutional arbitration;
AND WHEREAS the International Centre for Alternative Dispute Resolution was set up
in the year 1995, under the aegis of the Central Government and registered under the Societies
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Registration Act, 1860, with the objective of promoting alternative dispute resolution 21 of 1860.
mechanism and providing facilities for the same;
AND WHEREAS the International Centre for Alternative Dispute Resolution has received
land and substantial funding by way of grants and other benefits from the Central Government
for constructing infrastructure and making other facilities;
AND WHEREAS the International Centre for Alternative Dispute Resolution has not
been able to actively engage and embrace developments in the arbitration ecosystem and to
create a reputation par excellence keeping pace with the dynamic nature of arbitration over
more than two decades;
AND WHEREAS studies conducted by the High Level Committee appointed by the
Central Government indicate that the International Centre for Alternative Dispute Resolution
has failed to address the growing needs of the institutional arbitration and also to bear
optimum caseload and to become better choice to the parties for arbitration;
AND WHEREAS it has become expedient to take over the undertakings of the International
Centre for Alternative Dispute Resolution including its regional offices without interfering
with its activities and without adversely affecting its character as a Society but to utilise its
existing infrastructure and other facilities which have been set up by using the public funds
provided by the Government and to incorporate a robust institution for domestic and
international arbitration to be known as the New Delhi International Arbitration Centre;
AND WHEREAS it is considered necessary to declare the New Delhi International
Arbitration Centre as an institution of national importance for its overall development as a
major arbitration hub by promoting quick and efficient dispute resolution mechanism.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
Short title and 1. (1) This Act may be called the New Delhi International Arbitration Centre Act, 2019.
commencement.
(2) It shall be deemed to have come into force on the 2nd March, 2019.
Definitions. 2. (1) In this Act, unless the context otherwise requires,—
(a) “Centre” means the New Delhi International Arbitration Centre established
and incorporated under section 3;
(b) “Chairperson” means the Chairperson of the Centre referred to in clause (a)
of section 5;
(c) “Chief Executive Officer” means the Chief Executive Officer appointed under
section 21;
(d) “Committee” means the relevant Committee of the Centre referred to in
section 19;
(e) “Custodian” means the person who is appointed as Custodian under
sub-section (2) of section 11 in respect of the undertakings;
(f) “Fund” means the Fund of the Centre to be maintained under section 25;
(g) “Member” means Full-time or Part-time Member of the Centre and includes
the Chairperson;
(h) “notification” means a notification published in the Official Gazette;
(i) “prescribed” means prescribed by rules made by the Central Government
under this Act;
(j) “regulations” means regulations made by the Centre under this Act;
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(k) “Society” means the International Centre for Alternative Dispute Resolution,
21 of 1860. registered as such under the Societies Registration Act, 1860, and having its registered
office at New Delhi;
(l) “specified date” means the date as may be specified by the Central Government
by notification;
(m) “undertakings” means the undertakings of the Society which vests with the
Central Government under section 7.
(2) All other words and expressions used herein but not defined and defined in the
26 of 1996. Arbitration and Conciliation Act, 1996, shall have the same meanings as assigned to them in
that Act.
CHAPTER II
ESTABLISHMENT AND INCORPORATION OF NEW DELHI INTERNATIONAL ARBITRATION CENTRE
3. (1) The Central Government shall, by notification, establish a body to be called the Establishment
New Delhi International Arbitration Centre for the purposes of exercising the powers and and
incorporation
discharging the functions under this Act. of New Delhi
International
(2) The Centre shall be a body corporate by the name aforesaid, having perpetual
Arbitration
succession and a common seal with power, subject to the provisions of this Act, to acquire, Centre.
hold and dispose of property, both movable and immovable, and to enter into contract, and
shall, by the said name, sue or be sued.
4. (1)Whereas, the objects of the New Delhi International Arbitration Centre are such Declaration
as to make it as an institution of national importance, it is hereby declared that the New Delhi of New Delhi
International
International Arbitration Centre is an institution of national importance. Arbitration
Centre as an
(2) The head office of the Centre shall be at New Delhi and it may with the previous institution of
approval of the Central Government, establish branches at other places in India and abroad. national
importance.

5. The Centre shall consist of the following Members, namely:–– Composition

of Centre.
(a) a person, who has been a Judge of the Supreme Court or a Judge of a High
Court or an eminent person, having special knowledge and experience in the conduct
or administration of arbitration, law or management, appointed by the Central
Government in consultation with the Chief Justice of India––Chairperson;
(b) two eminent persons having substantial knowledge and experience in
institutional arbitration, both domestic and international, appointed by the Central
Government––Full-time Members or Part-time Members;
(c) one representative of a recognised body of commerce and industry, chosen
on rotational basis by the Central Government––Part-time Member;
(d) Secretary, Department of Legal Affairs, Ministry of Law and Justice or his
representative, not below the rank of the Joint Secretary––Member, ex officio;
(e) one Financial Adviser nominated by the Department of Expenditure, Ministry
of Finance––Member, ex officio; and
(f) Chief Executive Officer––Member, ex officio.
6. (1) The Chairperson and Members shall hold office for a term of three years from the Terms and
date on which they enter upon their office and shall be eligible for re-appointment: conditions,
etc., of
Provided that no Chairperson or Member shall hold office as such after he has attained the Chairperson
and Members.
age of seventy years in the case of Chairperson and sixty-seven years in the case of a Member.
(2) The terms and conditions, salaries and allowances payable to the Chairperson and
Full-time Member shall be such as may be prescribed.
 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(3) The term of office of a Member appointed to fill a casual vacancy shall be for the
remainder of the term of the Member in whose place he has been appointed.
(4) The Part-time Member shall be entitled to such travelling and other allowances as
may be prescribed.
CHAPTER III
ACQUISITION AND TRANSFER OF UNDERTAKINGS OF SOCIETY
Transfer and 7. On and from the specified date, so much of the undertakings of the Society as form
vesting. part of, or are relatable to the Society, and the right, title and interest of the Society in relation
to such undertakings, shall, by virtue of this Act, stand transferred to, and vest in, the
Central Government.
General effect 8. (1) The undertakings vested under section 7 shall be deemed to include all assets,
of vesting. rights, leaseholds, powers, authorities and privileges, and all property (movable and
immovable), including lands, buildings, works, projects, instruments, automobiles and other
vehicles, cash balances, funds, including reserve funds, investments and book debts of the
Society as form part of, or are relatable to, the Society and all other rights and interest arising
out of such properties as were immediately before the commencement of the New Delhi
International Arbitration Centre Ordinance, 2019 in the ownership, possession, power or Ord. 10 of
control of the Society, and all books of account, registers and all other documents of whatever 2019.
nature relating thereto.
(2) All properties and assets as aforesaid which have vested in the Central Government
under section 7 shall, by force of such vesting, be freed and discharged from any trust,
obligation, mortgage, charge, lien and all other encumbrances affecting them or of any
attachment, injunction, decree or order of any court or other authority restricting the use of
such properties or assets in any manner or appointing any receiver in respect of the whole
or any part of such properties or assets shall be deemed to have been withdrawn.
(3) Any licence or other instrument granted to the Society in relation to any undertaking
which has vested in the Central Government under section 7 at any time before the specified
date and in force immediately before the specified date, shall continue to be in force on and
after such day in accordance with its tenor in relation to and for the purpose of such
undertaking or where the undertaking is directed under section 10, to vest in the Centre, the
Centre shall be deemed to be substituted in such licence or other instrument as if such
licence or other instrument had been granted to the Centre and the Centre shall hold it for the
remainder of the period which the Society would have held it under the terms thereof.
(4) If, on the specified date, any suit, appeal or other proceeding, of whatever nature,
in relation to any property or asset which has vested in the Central Government under
section 7, instituted or preferred by or against the Society is pending, the same shall not
abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of
the undertaking of the Society of anything contained in this Act, but the suit, appeal or other
proceeding may be continued, prosecuted or enforced by or against the Central Government
or where the undertakings of the Society are directed under section 10, to vest in the Centre,
by or against the Centre.
Liability prior 9. Every liability in relation to any undertaking in respect of any period prior to the
to specified specified date, shall be enforceable against the Society and not against the Central
date.
Government.
Power of 10. (1) Notwithstanding anything contained in sections 7 and 8, the Central Government
Central shall, as soon as may be after the specified date, direct by notification, that the undertakings
Government
to direct
and the right, title and interest of the Society in relation to such undertakings which had
vesting of vested in the Central Government under section 7, shall, vest in the Centre either on the date
undertaking in of publication of the notification or on such earlier or later date as may be specified in the
Centre. notification.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

(2) Where the right, title and interest of the Society in relation to the undertakings
vest, under sub-section (1), in the Centre, the Centre shall, on and from the date of such
vesting, be deemed to have become the owner in relation to such undertakings and the
rights and liabilities of the Central Government in relation to such undertakings shall, on and
from the date of such vesting, be deemed to have become, the rights and liabilities,
respectively, of the Centre.
11. (1) The general superintendence, direction, control and management of affairs of Management,
the undertakings, the right, the interest in relation to which have vested in the Central etc., of
undertakings.
Government under section 7, shall––
(a) where a direction has been made by the Central Government under
sub-section (1) of section 10, vest in the Centre; or
(b) where no such direction has been made by the Central Government, vest in
the Custodian appointed by the Central Government under sub-section (2),
and, thereupon, the Centre or the Custodian so appointed, as the case may be, shall be
entitled to exercise all such powers and do all such things as the Society, is authorised to
exercise and do in relation to its undertakings.
(2) The Central Government may appoint any person as the Custodian of the
undertakings in relation to which no direction has been made by it under sub-section (1) of
section 10.
(3) The Custodian so appointed shall receive such remuneration as the Central
Government may fix and shall hold office during the pleasure of the Central Government.
12. (1) On the vesting of the management of the undertakings in the Centre or on the Duties of
appointment of a Custodian under sub-section (2) of section 11, all persons in charge of persons in
charge of
management of the undertakings immediately before such vesting or appointment shall be
management
bound to deliver to the Centre or Custodian, as the case may be, all assets, books of account, of
registers and other documents in their custody relating to the undertakings. undertakings
to deliver all
(2) The Central Government may issue such directions as it may deem desirable in the assets.
circumstances of the case to the Custodian as to the powers and duties of the Custodian and
such Custodian may also, if it is considered necessary so to do, apply to the Central Government
at any time for instructions as to the manner in which the management of the undertaking
shall be conducted or in relation to any other matter arising in the course of such management.
(3) Any person who on the specified date, has in his possession or under his control,
any books, documents or other papers relating to the undertakings shall be liable to account
for the said books, documents or other papers to the Central Government or the Custodian
or the Centre, as the case may be, and shall deliver them to the Central Government or the
Custodian or the Centre or to such person or body of persons as the Central Government or
the Centre may specify in this behalf.
(4) The Central Government or the Centre may take or cause to be taken, all necessary
steps for securing possession of all undertakings which have vested in the Central
Government or the Centre under this Act.
(5) The Society shall, within such period as the Central Government may allow in this
behalf, furnish to that Government a complete inventory of all its properties and assets, as
Ord. 10 of on the commencement of the New Delhi International Arbitration Centre Ordinance, 2019
2019. pertaining to the undertaking and for this purpose, the Central Government or Custodian or
the Centre shall afford to the Society, or body all reasonable facilities.
13. The Central Government or the Custodian or the Centre shall be entitled to receive Certain
up to the specified date, to the exclusion of all other persons, any money due to the Society powers of
Central
in relation to its undertakings which have vested in the Central Government or Custodian or Government
the Centre, as the case may be, and realised after the commencement of the New Delhi or Centre.
 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

International Arbitration Centre Ordinance, 2019, notwithstanding that the realisation pertains Ord. 10 of
to a period prior to the commencement of the New Delhi International Arbitration Centre 2019.
Ordinance, 2019.
Objects of 14. The objects of the Centre shall be,––
Centre.
(a) to bring targeted reforms to develop itself as a flagship institution for
conducting international and domestic arbitration;
(b) to promote research and study, providing teaching and training, and
organising conferences and seminars in arbitration, conciliation, mediation and other
alternative dispute resolution matters;
(c) to provide facilities and administrative assistance for conciliation, mediation
and arbitral proceedings;
(d) to maintain panels of accredited arbitrators, conciliators and mediators both
at national and international level or specialists such as surveyors and investigators;
(e) to collaborate with other national and international institutions and
organisations for ensuring credibility of the Centre as a specialised institution in
arbitration and conciliation;
(f) to set up facilities in India and abroad to promote the activities of the Centre;
(g) to lay down parameters for different modes of alternative dispute resolution
mechanisms being adopted by the Centre; and
(h) such other objectives as it may deem fit with the approval of the Central
Government.
Functions of 15. Without prejudice to the provisions contained in section 14, the Centre shall
Centre. strive,––
(a) to facilitate for conducting international and domestic arbitration and
conciliation in the most professional manner;
(b) to provide cost effective and timely services for the conduct of arbitration
and conciliation at national and international level;
(c) to promote studies in the field of alternative dispute resolution and related
matters, and to promote reforms in the system of settlement of disputes;
(d) to undertake teaching and to provide for diffusion of knowledge of law and
procedures on alternative dispute resolution and related matters and to award certificates
and other academic or professional distinction;
(e) to impart training in alternative dispute resolution and related matters to
those who are handling arbitration, conciliation and mediation;
(f) to co-operate with other societies, institutions and organisations, national or
international for promoting alternative dispute resolution; and
(g) to perform such other functions as may be entrusted to it by the Central
Government for promoting alternative dispute resolution.
Vacancies, 16. No act or proceedings of the Centre shall be invalid merely by reason of,––
etc., not to
invalidate (a) any vacancy or any defect in the constitution of the Centre; or
proceedings of
Centre. (b) any defect in the appointment of a person acting as a Member of the Centre; or
(c) any irregularity in the procedure of the Centre not affecting the merits of the
case.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

17. The Chairperson or the Full-time Member or Part-time Member may, by notice in Resignation of
writing, under his hand addressed to the Central Government, resign his office: Members.

Provided that the Chairperson or the Full-time Member shall, unless he is permitted by
the Central Government to relinquish his office sooner, continue to hold office until the
expiry of three months from the date of receipt of such notice or until a person duly appointed
as his successor enters upon his office or until the expiry of his term of office, whichever is
the earlier.
18. (1) The Central Government may, remove a Member from his office if he,–– Removal of
Members.
(a) is an undischarged insolvent; or
(b) has engaged at any time (except Part-time Member), during his term of office,
in any paid employment; or
(c) has been convicted of an offence which, in the opinion of the Central
Government, involves moral turpitude; or
(d) has acquired such financial or other interest as is likely to affect prejudicially
his functions as a Member; or
(e) has so abused his position as to render his continuance in office prejudicial
to the public interest; or
(f) has become physically or mentally incapable of acting as a Member.
(2) Notwithstanding anything contained in sub-section (1), no Member shall be
removed from his office on the grounds specified in clauses (d) and (e) of that sub-section
unless the Supreme Court, on a reference being made to it in this behalf by the Central
Government, has, on an inquiry, held by it in accordance with such procedure as may be
prescribed in this behalf by the Supreme Court, reported that the Member, ought on such
ground or grounds to be removed.
19. (1) The Centre may constitute such Committees as may be considered necessary Committees of
to administer various aspects of its functions. Centre.

(2) The composition and functions of the Committees referred to in sub-section (1)
shall be such as may be prescribed.
(3) The Committee shall meet at such time and at such places and shall observe such
rules of procedure in regard to the transaction of business at its meetings including the
quorum as may be specified by the regulations.
20. (1) The Chairperson shall ordinarily preside at the meetings of the Centre: Meetings of
Centre.
Provided that, in his absence, the Member chosen by the other Members present
amongst themselves shall preside at the meetings.
(2) It shall be the duty of the Chairperson to ensure that the decisions taken by the
Centre are implemented.
(3) The Chairperson shall exercise such other powers and perform such other duties
as are assigned to him under this Act.
(4) The Centre shall meet at least four times a year and follow such procedure in its
meetings including quorum at such meetings in such manner as may be specified by the
regulations.
(5) All questions which come up before any meeting of the Centre shall be––
(a) decided by a majority of votes by the Members present and voting, and in
the event of an equality of votes, the Chairperson or in his absence, the person
presiding, shall have a casting vote;
 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) dealt with as expeditiously as possible and the Centre shall dispose of the
same within a period of sixty days from the date of receipt of the application:
Provided that where any such application could not be disposed of within the
said period of sixty days, the Centre shall record its reasons in writing for not disposing
of the application within that period.
(6) The Chairperson may invite any expert, not being a Member, to attend the meetings
of the Centre, but such invitee shall not be entitled to vote at the meeting.
Chief 21. (1) There shall be a Chief Executive Officer of the Centre who shall be responsible
Executive for day-to-day administration of the Centre and for this purpose, he shall maintain liaison
Officer.
with the Centre and the Secretariat.
(2) The appointment, qualifications and the terms and conditions of services of the
Chief Executive Officer shall be such as may be specified by the regulations.
(3) The Chief Executive Officer shall exercise such powers and discharge such functions
as may be specified by the regulations or as may be delegated to him by the Centre.
Delegation of 22. The Centre may, for the purpose of discharging of its powers, functions and
powers. duties, by general or special order in writing, specify the powers and duties conferred or
imposed upon the Centre by or under this Act (except the power to make regulation) which
may also be exercised or performed by the Chief Executive Officer or any officer or officers of
the Centre and the conditions and restrictions, if any, subject to which the powers and
duties may be exercised and performed.
Secretariat. 23. (1) There shall be a Secretariat to the Centre consisting of––
(a) Registrar, who shall supervise the activities of the Centre;
(b) Counsel, dealing with the matters relating to domestic and international
arbitration; and
(c) such number of other officers and employees as may be prescribed.
(2) The qualifications, experience, method of selection and the functions of the Registrar,
Counsel and other officers and employees shall be such as may be prescribed.
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT
Grants by 24. The Central Government may, after due appropriation made by Parliament by law in
Central this behalf, pay to the Centre in each financial year such sums of money and in such manner
Government.
as it may think fit for being utilised for the purposes of this Act.
Fund of 25. (1) The Centre shall maintain a Fund to which shall be credited,—
Centre.
(a) all monies provided by the Central Government;
(b) all fees and other charges received during or in connection with the arbitration,
conciliation, mediation or other proceedings;
(c) all monies received by the Centre for the facilities provided by it to the
parties;
(d) all monies received by the Centre in the form of donations, grants,
contributions and income from other sources; and
(e) the amount received from the investment income.
(2) All monies credited to the Fund shall be deposited in such banks or invested in
such manner as may be decided by the Centre.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

(3) The Fund shall be applied towards meeting the salaries and other allowances of
Members and the expenses of the Centre including expenses incurred in the exercise of its
powers and discharge of its duties under this Act.
26. (1) The Centre shall maintain proper accounts and other relevant records and Accounts and
prepare an annual statement of accounts, including the balance sheet, in such form and audit.
manner as may be prescribed in consultation with the Comptroller and Auditor-General of
India.
(2) The accounts of the Centre shall be audited by the Comptroller and Auditor-
General of India and any expenditure incurred by him in connection with such audit shall be
payable by the Centre to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in
connection with the audit of the accounts of the Centre shall have the same rights, privileges
and authority in connection with such audit as the Comptroller and Auditor-General of India
has in connection with the audit of the Government accounts, and, in particular, shall have
the right to demand the production of books, accounts, connected vouchers and other
documents and papers and to inspect the offices of the Centre.
(4) The accounts of the Centre as certified by the Comptroller and Auditor-General of
India or any other person appointed by him in this behalf together with the audit report
thereon shall be forwarded annually to the Central Government and the Central Government
shall cause the same to be laid before each House of Parliament.
27. The assets and liabilities in relation to any undertaking under this Act shall be Assessment of
caused to be assessed by any agency authorised by the Comptroller and Auditor-General of assets and
liabilities of
India in such manner as may be specified by him and any payment on a claim to be made in undertaking.
relation thereto shall be settled by him between the Society and the Central Government and
shall be paid by the Society or the Central Government, as the case may be, in the manner as
may be specified by the Comptroller and Auditor-General of India.
CHAPTER V
CHAMBER OF ARBITRATION AND ARBITRATION ACADEMY
28. (1) The Centre shall, establish a Chamber of Arbitration which shall empanel the Chamber of
Arbitrators and also scrutinise the applications for admission in the panel of reputed Arbitration.
arbitrators to maintain a permanent panel of arbitrators.
(2) The Chamber of Arbitration shall consist of experienced arbitration practitioners of
repute, at national and international level and persons having wide experience in the area of
alternative dispute resolution and conciliation.
(3) The Centre shall by regulations lay down the criteria for admission to the panel of
the cadre so as to maintain a pool of reputed arbitrators having expertise in international
commercial arbitration and arbitration other than international commercial arbitration.
(4) The Registrar to the Secretariat of the Centre shall act as the Member-Secretary to
the Chamber of Arbitration.
29. (1) The Centre may establish an Arbitration Academy–– Arbitration
Academy.
(a) to train the arbitrators, particularly in the area of international commercial
arbitration to compete on par with the reputed international arbitral institutions;
(b) to conduct research in the area of alternative dispute resolution and allied
areas; and
(c) to give suggestions for achieving the objectives of the Act.
(2) For the purposes of sub-section (1), there may be constituted a permanent three
member committee in order to suggest and to submit a report to the Centre with respect to
the amendments, if any, necessary to the rules and regulations made under this Act.
 10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

CHAPTER VI
MISCELLANEOUS
Power to 30. (1) The Central Government may, by notification, make rules to carry out the
make rules. provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may make provision for—
(a) the terms and conditions and the salaries and allowances payable to the
Chairperson and Full-time Members under sub-section (2) of section 6;
(b) the travelling and other allowances payable to the Part-time Members under
sub-section (4) of section 6;
(c) the composition and functions of the Committees referred to in sub-section (2)
of section 19;
(d) the number of officers and employees of the Secretariat of the Centre under
clause (c) of sub-section (1) of section 23;
(e) the qualifications, experience, method of selection and the functions of
the Registrar, Counsel and other officers and employees of the Centre under
sub-section (2) of section 23;
(f) annual statement of accounts, including the balance sheet under
sub-section (1) of section 26; and
(g) any other matter in respect of which provision is to be made or may be made
under this Act.
Power to make 31. (1) The Centre may, with the previous approval of the Central Government, by
regulations. notification, make regulations consistent with this Act and the rules made thereunder to
provide for all matters for which provision is necessary or expedient for the purposes of
giving effect to the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
regulations may make provision for––
(a) the time and place and the rules of procedure to be observed in regard to the
transaction of business of the Committee at the meetings including the quorum under
sub-section (3) of section 19;
(b) the time and place and rules of procedure in regard to the transaction of
business of the Centre or any Committee including the quorum at the meeting under
sub-section (4) of section 20;
(c) the appointment, qualifications and the terms and conditions of service of
the Chief Executive Officer under sub-section (2) of section 21;
(d) the powers and functions of the Chief Executive Officer under
sub-section (3) of section 21;
(e) the criteria for admission to the panel of reputed arbitrators under
sub-section (3) of section 28; and
(f) any other matter in respect of which provision, in the opinion of the Centre, is
necessary for the performance of its functions under this Act.
Laying of 32. Every rule and regulation made under this Act shall be laid, as soon as may be after
rules and it is made, before each House of Parliament, while it is in session, for a total period of thirty
regulations.
days which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or regulation or both
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

Houses agree that the rule or regulation should not be made, the rule or regulation shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule or regulation.
33. No suit, prosecution or other legal proceedings shall lie against the Centre, the Protection of
Chairperson or Members or its employees and arbitrators for anything which is in good faith action taken
in good faith.
done or intended to be done under this Act or the rules or regulations made thereunder.
34. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to
Government may, by order published in the Official Gazette, make such provisions, not remove
difficulty.
inconsistent with the provisions of this Act, as may appear to it to be necessary for removing
the difficulty:
Provided that no such order shall be made under this section after the expiry of a
period of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.
Ord. 10 of 35. (1) The New Delhi International Arbitration Centre Ordinance, 2019 is hereby Repeal and
2019. repealed. savings.

(2) Notwithstanding such repeal, anything done or any action taken under the New
Ord. 10 of Delhi International Arbitration Centre Ordinance, 2019, shall be deemed to have been done
2019. or taken under the provisions of this Act.

————

DR . REETA VASISHTA,
Additional Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. BANSHI Digitally signed
by BANSHI
DHAR DHAR DUBEY
Date: 2019.07.26
DUBEY
MGIPMRND—2116GI(S3)—26-07-2019. 22:36:15 +05'30'
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No. 37] NEW DELHI, FRIDAY, JULY 26, 2019/SHRAVANA 4, 1941 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 26th July, 2019/Shravana 4, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
26th July, 2019, and is hereby published for general information:—
THE APPROPRIATION (No. 2) ACT, 2019
NO. 18 OF 2019
[26th July, 2019.]
An Act to authorise payment and appropriation of certain sums from and out
of the Consolidated Fund of India for the services of the financial year 2019-20.
BE it enacted by Parliament in the SeventiethYear of the Republic of India as follows:—
1. This Act may be called the Appropriation (No. 2) Act, 2019. Short title.

2. From and out of the Consolidated Fund of India there may be paid and applied Issue of
sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate Rs. 9818903,82,00,000
out of the
to the sum of ninety-eight lakh eighteen thousand nine hundred three crore and eighty-two
Consolidated
lakh rupees towards defraying the several charges which will come in course of payment Fund of India for
during the financial year 2019-20 in respect of the services specified in column 2 of the the financial
Schedule. year 2019-20.

3. The sums authorised to be paid and applied from and out of the Consolidated Fund Appropriation.
of India by this Act shall be appropriated for the services and purposes expressed in the
Schedule in relation to the said year.
4. References to Ministries or Departments in the Schedule are to such Ministries or Construction
Departments as existing immediately before the 19th June, 2019 and shall, on or after that of references
to Ministries
date, be construed as references to the appropriate Ministries or Departments as reconstituted or
from time to time. Departments
in the
Schedule.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

THE SCHEDULE
(See sections 2 and 3)

1 2 3
No. Sums not exceeding
of Services and purposes Voted Charged
Vote by Parliament on the Total
Consolidated
Fund
Rs. Rs. Rs.
1 Department of Agriculture, Cooperation and Farmers’
Welfare ............................................................................ Revenue 130450,51,00,000 ... 130450,51,00,000
Capital 34,70,00,000 ... 34,70,00,000
2 Department of Agricultural Research and Education ..... Revenue 8078,76,00,000 ... 8078,76,00,000
3 Atomic Energy ................................................................... Revenue 14957,52,00,000 1,00,00,000 14958,52,00,000
Capital 9399,37,00,000 10,00,00,000 9409,37,00,000
4 Ministry of Ayurveda, Yoga and Naturopathy, Unani,
Siddha and Homoeopathy (AYUSH) ................................ Revenue 2445,55,00,000 ... 2445,55,00,000
Capital 21,00,000 ... 21,00,000
5 Department of Chemicals and Petrochemicals .............. Revenue 263,65,00,000 ... 263,65,00,000
6 Department of Fertilisers .................................................. Revenue 83514,95,00,000 ... 83514,95,00,000
Capital 5,00,000 ... 5,00,000
7 Department of Pharmaceuticals ....................................... Revenue 230,45,00,000 ... 230,45,00,000
Capital 5,06,00,000 ... 5,06,00,000
8 Ministry of Civil Aviation ................................................. Revenue 4474,99,00,000 ... 4474,99,00,000
Capital 25,01,00,000 ... 25,01,00,000
9 Ministry of Coal ................................................................. Revenue 1159,05,00,000 ... 1159,05,00,000
10 Department of Commerce ................................................ Revenue 5709,31,00,000 1,00,000 5709,32,00,000
Capital 510,00,00,000 ... 510,00,00,000
11 Deparment for Promotion of Industry and Internal
Trade ................................................................................ Revenue 5001,79,00,000 ... 5001,79,00,000
Capital 672,72,00,000 ... 672,72,00,000
12 Department of Posts .......................................................... Revenue 30411,20,00,000 80,00,000 30412,00,00,000
Capital 947,74,00,000 ... 947,74,00,000
13 Department of Telecommunications ............................... Revenue 30693,64,00,000 ... 30693,64,00,000
Capital 9719,72,00,000 ... 9719,72,00,000
14 Department of Consumer Affairs ..................................... Revenue 2240,32,00,000 ... 2240,32,00,000
Capital 51,50,00,000 ... 51,50,00,000
15 Department of Food and Public Distribution .................. Revenue 190914,27,00,000 ... 190914,27,00,000
Capital 51326,12,00,000 ... 51326,12,00,000
16 Ministry of Corporate Affairs ........................................... Revenue 570,34,00,000 ... 570,34,00,000
Capital 41,00,00,000 ... 41,00,00,000
17 Ministry of Culture ............................................................. Revenue 2953,21,00,000 ... 2953,21,00,000
Capital 89,14,00,000 ... 89,14,00,000
18 Ministry of Defence (Civil) .............................................. Revenue 27270,00,00,000 66,00,000 27270,66,00,000
Capital 6932,85,00,000 35,00,00,000 6967,85,00,000
19 Defence Services (Revenue) .............................................. Revenue 222254,47,00,000 102,92,00,000 222357,39,00,000
20 Capital Outlay on Defence Services Capital 103310,96,00,000 83,35,00,000 103394,31,00,000
21 Defence Pensions ............................................................... Revenue 112077,11,00,000 2,46,00,000 112079,57,00,000
22 Ministry of Development of North Eastern Region ..... Revenue 2292,80,00,000 ... 2292,80,00,000
Capital 767,20,00,000 ... 767,20,00,000
23 Ministry of Earth Sciences ................................................ Revenue 1765,05,00,000 ... 1765,05,00,000
Capital 141,00,00,000 ... 141,00,00,000
24 Ministry of Electronics and Information Technology .. Revenue 6306,00,00,000 ... 6306,00,00,000
Capital 348,00,00,000 ... 348,00,00,000
25 Ministry of Environment, Forests and Climate Change..Revenue 2998,20,00,000 ... 2998,20,00,000
Capital 64,52,00,000 ... 64,52,00,000
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

1 2 3
No. Sums not exceeding
of Services and purposes Voted Charged
Vote by Parliament on the Total
Consolidated
Fund
Rs. Rs. Rs.
26 Ministry of External Affairs ............................................. Revenue 16511,20,00,000 3,00,000 16511,23,00,000
Capital 1373,55,00,000 ... 1373,55,00,000
27 Department of Economic Affairs ..................................... Revenue 3211,46,00,000 ... 3211,46,00,000
Capital 17208,97,00,000 ... 17208,97,00,000
28 Department of Expenditure .............................................. Revenue 400,55,00,000 ... 400,55,00,000
29 Department of Financial Services .................................... Revenue 1305,16,00,000 ... 1305,16,00,000
Capital 73935,04,00,000 ... 73935,04,00,000
30 Department of Investment and Public Asset
Management (DIPAM) .................................................. Revenue 132,08,00,000 ... 132,08,00,000
31 Department of Revenue .................................................... Revenue 203457,98,00,000 2,00,000 203458,00,00,000
Capital 8,73,00,000 ... 8,73,00,000
32 Direct Taxes ........................................................................ Revenue 7036,44,00,000 ... 7036,44,00,000
Capital 302,00,00,000 ... 302,00,00,000
33 Indirect Taxes ..................................................................... Revenue 7493,15,00,000 50,00,000 7493,65,00,000
Capital 406,85,00,000 ... 406,85,00,000
34 Indian Audit and Accounts Department ........................... Revenue 4832,22,00,000 177,69,00,000 5009,91,00,000
Capital 16,00,00,000 ... 16,00,00,000
CHARGED.—Interest Payments ............................................ Revenue ... 673470,60,00,000 673470,60,00,000
CHARGED.—Repayment of Debt ............................................. Capital ... 5983187,09,00,000 5983187,09,00,000
37 Pensions ............................................................................... Revenue 49184,90,00,000 380,10,00,000 49565,00,00,000
38 Transfers to States ............................................................. Revenue 32480,00,00,000 120466,22,00,000 152946,22,00,000
Capital ... 19823,28,00,000 19823,28,00,000
39 Department of Fisheries .................................................... Revenue 790,58,00,000 ... 790,58,00,000
Capital 14,17,00,000 ... 14,17,00,000
40 Department of Animal Husbandry and Dairying ............ Revenue 3301,01,00,000 ... 3301,01,00,000
Capital 41,64,00,000 ... 41,64,00,000
41 Ministry of Food Processing Industries ........................... Revenue 1196,60,00,000 ... 1196,60,00,000
42 Department of Health and Family Welfare .................... Revenue 90145,25,00,000 ... 90145,25,00,000
Capital 2890,20,00,000 ... 2890,20,00,000
43 Department of Health Research ....................................... Revenue 3374,65,00,000 ... 3374,65,00,000
44 Department of Heavy Industry ........................................ Revenue 980,74,00,000 ... 980,74,00,000
Capital 386,26,00,000 ... 386,26,00,000
45 Department of Public Enterprises .................................... Revenue 22,64,00,000 ... 22,64,00,000
46 Ministry of Home Affairs .................................................. Revenue 4584,39,00,000 2,00,000 4584,41,00,000
Capital 311,40,00,000 ... 311,40,00,000
47 Cabinet ................................................................................. Revenue 828,85,00,000 ... 828,85,00,000
48 Police ................................................................................... Revenue 88707,75,00,000 7,49,00,000 88715,24,00,000
Capital 10811,89,00,000 6,33,00,000 10818,22,00,000
49 Andaman and Nicobar Islands ........................................... Revenue 4285,99,00,000 1,00,000 4286,00,00,000
Capital 601,58,00,000 ... 601,58,00,000
50 Chandigarh .......................................................................... Revenue 4309,48,00,000 42,01,00,000 4351,49,00,000
Capital 376,63,00,000 25,00,00,000 401,63,00,000
51 Dadra and Nagar Haveli ..................................................... Revenue 867,82,00,000 1,00,000 867,83,00,000
Capital 317,06,00,000 ... 317,06,00,000
52 Daman and Diu ................................................................... Revenue 1575,98,00,000 2,00,000 1576,00,00,000
Capital 342,48,00,000 ... 342,48,00,000
53 Lakshadweep ....................................................................... Revenue 1117,11,00,000 ... 1117,11,00,000
Capital 186,38,00,000 ... 186,38,00,000
54 Transfers to Delhi .............................................................. Revenue 812,00,00,000 ... 812,00,00,000
Capital 300,00,00,000 ... 300,00,00,000
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

1 2 3
No. Sums not exceeding
of Services and purposes Voted Charged
Vote by Parliament on the Total
Consolidated
Fund
Rs. Rs. Rs.
55 Transfers to Pudducherry .................................................. Revenue 1600,99,00,000 ... 1600,99,00,000
Capital 1,00,000 ... 1,00,000
56 Ministry of Housing and Urban Affairs ............................ Revenue 35421,29,00,000 91,81,00,000 35513,10,00,000
Capital 19472,42,00,000 71,92,00,000 19544,34,00,000
57 Department of School Education and Literacy .............. Revenue 97585,76,00,000 ... 97585,76,00,000
58 Department of Higher Education ..................................... Revenue 52058,84,00,000 ... 52058,84,00,000
Capital 2120,00,00,000 ... 2120,00,00,000
59 Ministry of Information and Broadcasting ..................... Revenue 4361,67,00,000 ... 4361,67,00,000
Capital 13,54,00,000 ... 13,54,00,000
60 Department of Water Resources, River Development
and Ganga Rejuvenation .................................................... Revenue 7890,15,00,000 ... 7890,15,00,000
Capital 414,46,00,000 1,00,000 414,47,00,000
61 Department of Drinking Water and Sanitation .............. Revenue 27766,70,00,000 ... 27766,70,00,000
62 Ministry of Labour and Employment .............................. Revenue 11151,65,00,000 ... 11151,65,00,000
Capital 32,44,00,000 ... 32,44,00,000
63 Law and Justice ................................................................... Revenue 3020,11,00,000 ... 3020,11,00,000
Capital 135,00,00,000 ... 135,00,00,000
64 Election Commission ......................................................... Revenue 261,68,00,000 ... 261,68,00,000
Capital 25,00,00,000 ... 25,00,00,000
CHARGED.—Supreme Court of India .................................. Revenue ... 269,46,00,000 269,46,00,000
66 Ministry of Micro, Small and Medium Enterprises ........ Revenue 6984,27,00,000 ... 6984,27,00,000
Capital 27,02,00,000 ... 27,02,00,000
67 Ministry of Mines .............................................................. Revenue 1717,98,00,000 ... 1717,98,00,000
Capital 107,57,00,000 ... 107,57,00,000
68 Ministry of Minority Affairs ............................................ Revenue 4599,98,00,000 ... 4599,98,00,000
Capital 100,02,00,000 ... 100,02,00,000
69 Ministry of New and Renewable Energy .......................... Revenue 5209,83,00,000 ... 5209,83,00,000
Capital 45,00,00,000 ... 45,00,00,000
70 Ministry of Panchayati Raj ............................................... Revenue 871,37,00,000 ... 871,37,00,000
71 Ministry of Parliamentary Affairs ................................... Revenue 19,38,00,000 ... 19,38,00,000
72 Ministry of Personnel, Public Grievances and Pensions..Revenue 1483,71,00,000 96,99,00,000 1580,70,00,000
Capital 139,24,00,000 6,65,00,000 145,89,00,000
CHARGED.—Central Vigilance Commission ....................... Revenue ... 35,55,00,000 35,55,00,000
74 Ministry of Petroleum and Natural Gas ........................... Revenue 42440,78,00,000 ... 42440,78,00,000
Capital 1667,31,00,000 ... 1667,31,00,000
75 Ministry of Planning .......................................................... Revenue 582,29,00,000 ... 582,29,00,000
Capital 1,11,00,000 ... 1,11,00,000
76 Ministry of Power .............................................................. Revenue 18956,36,00,000 ... 18956,36,00,000
Capital 3365,92,00,000 ... 3365,92,00,000
CHARGED.—Staff, Household and Allowances of the
President .......................................................................... Revenue ... 76,33,00,000 76,33,00,000
78 Lok Sabha ............................................................................ Revenue 807,83,00,000 1,30,00,000 809,13,00,000
79 Rajya Sabha ......................................................................... Revenue 399,52,00,000 1,52,00,000 401,04,00,000
80 Secretariat of the Vice-President ...................................... Revenue 8,30,00,000 ... 8,30,00,000
CHARGED.—Union Public Service Commission ................ Revenue ... 298,45,00,000 298,45,00,000
82 Ministry of Railways .......................................................... Revenue 272235,40,00,000 474,28,00,000 272709,68,00,000
Capital 227394,24,00,000 36,31,00,000 227430,55,00,000
83 Ministry of Road Transport and Highways ..................... Revenue 21619,82,00,000 ... 21619,82,00,000
Capital 142819,16,00,000 10,00,00,000 142829,16,00,000
84 Department of Rural Development ................................. Revenue 191770,34,00,000 ... 191770,34,00,000
Capital 100,00,00,000 ... 100,00,00,000
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

1 2 3
No. Sums not exceeding
of Services and purposes Voted Charged
Vote by Parliament on the Total
Consolidated
Fund
Rs. Rs. Rs.
85 Department of Land Resources ........................................ Revenue 2227,24,00,000 ... 2227,24,00,000
86 Department of Science and Technology ......................... Revenue 5510,09,00,000 2,00,000 5510,11,00,000
Capital 90,00,00,000 ... 90,00,00,000
87 Department of Biotechnology ......................................... Revenue 2580,34,00,000 ... 2580,34,00,000
88 Department of Scientific and Industrial Research .......... Revenue 4886,24,00,000 ... 4886,24,00,000
Capital 9,65,00,000 ... 9,65,00,000
89 Ministry of Shipping .......................................................... Revenue 1955,99,00,000 ... 1955,99,00,000
Capital 526,57,00,000 ... 526,57,00,000
90 Ministry of Skill Development and Entrepreneurship .. Revenue 2926,11,00,000 ... 2926,11,00,000
Capital 63,10,00,000 ... 63,10,00,000
91 Department of Social Justice and Empowerment ........... Revenue 8429,99,00,000 ... 8429,99,00,000
Capital 455,01,00,000 ... 455,01,00,000
92 Department of Empowerment of Persons with
Disabilities ....................................................................... Revenue 1163,69,00,000 ... 1163,69,00,000
Capital 41,21,00,000 ... 41,21,00,000
93 Department of Space ......................................................... Revenue 5874,12,00,000 60,00,000 5874,72,00,000
Capital 6598,14,00,000 40,00,000 6598,54,00,000
94 Ministry of Statistics and Programme Implementation..Revenue 5216,33,00,000 ... 5216,33,00,000
Capital 14,73,00,000 ... 14,73,00,000
95 Ministry of Steel ................................................................. Revenue 241,29,00,000 ... 241,29,00,000
96 Ministry of Textiles ........................................................... Revenue 4800,57,00,000 ... 4800,57,00,000
Capital 30,91,00,000 ... 30,91,00,000
97 Ministry of Tourism ........................................................... Revenue 2189,21,00,000 ... 2189,21,00,000
Capital 1,00,000 ... 1,00,000
98 Ministry of Tribal Affairs .................................................. Revenue 1155,69,00,000 5659,27,00,000 6814,96,00,000
Capital 80,00,00,000 ... 80,00,00,000
99 Ministry of Women and Child Development ................. Revenue 29664,89,00,000 ... 29664,89,00,000
Capital 1,00,000 ... 1,00,000
100 Ministry of Youth Affairs and Sports ............................... Revenue 2181,90,00,000 ... 2181,90,00,000
Capital 35,02,00,000 ... 35,02,00,000

T OTAL : 3013950,33,00,000 6804953,49,00,000 9818903,82,00,000

————

DR . REETA VASISHTA,
Additional Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Digitally signed by
BANSHI BANSHI DHAR DUBEY
DHAR DUBEY Date: 2019.07.26
22:39:21 +05'30'
MGIPMRND—2117GI(S3)—26-07-2019.
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 38] ubZ fnYyh] 'kfuokj] tqykbZ 27] 2019@ Jko.k 5] 1941 ¼'kd½
No. 38] NEW DELHI, SATURDAY, JULY 27, 2019/SHRAVANA 5, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 27th July, 2019/Shravana 5, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
27th July, 2019, and is hereby published for general information:—

THE PROTECTION OF HUMAN RIGHTS (AMENDMENT)

ACT, 2019
NO. 19 OF 2019
[27th July, 2019.]
An Act further to amend the Protection of Human Rights Act, 1993.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
1. (1) This Act may be called the Protection of Human Rights (Amendment) Act, 2019. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
10 of 1994. 2. In the Protection of Human Rights Act, 1993 (hereinafter referred to as the principal Amendment
Act), in section 2, in sub-section (1),–– of section 2.

(i) after clause (b), the following clause shall be inserted, namely:—
‘(ba) “Chief Commissioner” means the Chief Commissioner for Persons
with Disabilities referred to in sub-section (1) of section 74 of the Rights of
49 of 2016. Persons with Disabilities Act, 2016;’;
(ii) after clause (g), the following clause shall be inserted, namely:—
‘(ga) “National Commission for Backward Classes” means the National
Commission for Backward Classes constituted under section 3 of the National
27 of 1993. Commission for Backward Classes Act, 1993;’;
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(iii) after clause (h), the following clause shall be inserted, namely:—
‘(ha) “National Commission for Protection of Child Rights” means the
National Commission for Protection of Child Rights constituted under section 3
of the Commissions for Protection of Child Rights Act, 2005;’. 4 of 2006.

Amendment 3. In section 3 of the principal Act,—

of section 3.
(a) in sub-section (2),—
(i) in clause (a), for the words “Chief Justice”, the words “Chief Justice of
India or a Judge” shall be substituted;
(ii) in clause (d), for the words “two Members”, the words “three Members,
out of which at least one shall be a woman,” shall be substituted;
(b) in sub-section (3),—
(i) for the words “the National Commission for Minorities”, the words
“, the National Commission for Backward Classes, the National Commission for
Minorities, the National Commission for Protection of Child Rights” shall be
substituted;
(ii) for the words “and the National Commission for Women”, the words
“the National Commission for Women and the Chief Commissioner for Persons
with Disabilities” shall be substituted;
(c) in sub-section (4), for the portion beginning with “shall exercise such powers
and discharge such functions” and ending with “as the case may be”, the following
shall be substituted, namely:—
“shall, subject to control of the Chairperson, exercise all administrative
and financial powers (except judicial functions and the power to make regulations
under section 40B).”.
Amendment 4. In section 6 of the principal Act,—
of section 6.
(i) in sub-section (1),—
(a) for the words “five years”, the words “three years” shall be substituted;
(b) after the words “whichever is earlier” occurring at the end, the words
“and shall be eligible for re-appointment” shall be inserted;
(ii) in sub-section (2),—
(a) for the words “five years”, the words “three years” shall be substituted;
(b) the words “for another term of five years” shall be omitted.
Amendment 5. In section 21 of the principal Act,—
of section 21.
(i) in sub-section (2), in clause (a), for the words “Chief Justice”, the words
“Chief Justice or a Judge” shall be substituted;
(ii) in sub-section (3), for the words “shall exercise such powers and discharge
such functions of the State Commission as it may delegate to him”, the words “shall,
subject to control of the Chairperson, exercise all administrative and financial powers
of the State Commission” shall be substituted;
(iii) after sub-section (6), the following sub-sections shall be inserted, namely:—
“(7) Subject to the provisions of section 12, the Central Government may,
by order, confer upon the State Commission the functions relating to human
rights being discharged by the Union territories, other than the Union territory
of Delhi.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(8) The functions relating to human rights in case of Union territory of

Delhi shall be dealt with by the Commission.”.
6. In section 24 of the principal Act,— Amendment
of section 24.
(i) in sub-section (1),—
(a) for the words “five years”, the words “three years” shall be substituted;
(b) after the words “whichever is earlier” occurring at the end, the words
“and shall be eligible for re-appointment” shall be inserted;
(ii) in sub-section (2),––
(a) for the words “five years”, the words “three years” shall be substituted;
(b) the words “for another term of five years” occurring at the end, shall
be omitted.

————

DR . REETA VASISHTA,
Additional Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Digitally signed by
BANSHI BANSHI DHAR DUBEY
Date: 2019.07.27
DHAR DUBEY 17:06:18 +05'30'
MGIPMRND—2154GI(S3)—27-07-2019.
jftLVªh laö Mhö,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 2506] ubZ fnYyh] c``gLifrokj] vxLr 1] 2019@Jko.k 10] 1941
No. 2506] NEW DELHI, THURSDAY, AUGUST 1, 2019/ SHRAVANA 10, 1941

गृह मंालय
अिधसूचना

नई दली, 1 अगत, 2019

का.आ. 2756(अ).—
).—के ीय सरकार, मानव अिधकार संरण (संशोधन) अिधिनयम, 2019 (2019 का 19) क#

धारा 1क# उपधारा (2) &ारा 'द( शि)य* का 'योग करते +ए, 2 अगत, 2019 को उस तारीख के .प म/ िनयत करती है
िजसको उ) अिधिनयम के उपबंध 'वृ( ह*गे।

[फा. सं. 15011/123/2015-एचआर. III]

एस. सी. एल. दास, संयु) सिचव

MINISTRY OF HOME AFFAIRS

NOTIFICATION
New Delhi, the 1st August, 2019
S.O. 2756(E).—In exercise of the powers conferred by Sub-section (2) of Section 1 of the Protection
of Human Rights (Amendment) Act, 2019 (19 of 2019), the Central Government hereby appoints the 2nd day
of August, 2019 as the date on which the provisions of the said Act shall come into force.
[F. No. 15011/123/2015-HR.III]
S. C. L. DAS, Jt. Secy.

3945 GI/2019
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
Digitally signed by
MANOJ KUMAR MANOJ KUMAR VERMA
VERMA Date: 2019.08.01
18:39:16 +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 39] ubZ fnYyh] cq/kokj] tqykbZ 31] 2019@ Jko.k 9] 1941 ¼'kd½
No. 39] NEW DELHI, WEDNESDAY, JULY 31, 2019/SHRAVANA 9, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 31st July, 2019/Shravana 9, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
31st July, 2019, and is hereby published for general information:—

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE)

ACT, 2019
NO. 20 OF 2019
[31st July, 2019.]
An Act to protect the rights of married Muslim women and to prohibit divorce by
pronouncing talaq by their husbands and to provide for matters connected
therewith or incidental thereto.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Muslim Women (Protection of Rights on Marriage) Short title,
Act, 2019. extent and
commencement.
(2) It shall extend to the whole of India except the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force on the 19th day of September, 2018.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) "electronic form" shall have the same meaning as assigned to it in clause (r)
21 of 2000. of sub-section (1) of section 2 of the Information Technology Act, 2000;
(b) "Magistrate" means a Judicial Magistrate of the first class exercising
2 of 1974. jurisdiction under the Code of Criminal Procedure, 1973, in the area where the married
Muslim woman resides; and
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

(c) "talaq" means talaq-e-biddat or any other similar form of talaq having
the effect of instantaneous and irrevocable divorce pronounced by a Muslim
husband.

CHAPTER II
DECLARATION OF TALAQ TO BE VOID AND ILLEGAL

Talaq to be 3. Any pronouncement of talaq by a Muslim husband upon his wife, by words,
void and either spoken or written or in electronic form or in any other manner whatsoever, shall be
illegal. void and illegal.
Punishment 4. Any Muslim husband who pronounces talaq referred to in section 3 upon his wife
for shall be punished with imprisonment for a term which may extend to three years, and shall
pronouncing also be liable to fine.
talaq.
CHAPTER III
PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN
Subsistence 5. Without prejudice to the generality of the provisions contained in any other law for
allowance. the time being in force, a married Muslim woman upon whom talaq is pronounced shall be
entitled to receive from her husband such amount of subsistence allowance, for her and
dependent children, as may be determined by the Magistrate.
Custody of 6. Notwithstanding anything contained in any other law for the time being in force, a
minor married Muslim woman shall be entitled to custody of her minor children in the event of
children. pronouncement of talaq by her husband, in such manner as may be determined by the
Magistrate.
Offence to be 7. Notwithstanding anything contained in the Code of Criminal Procedure, 1973,— 2 of 1974.
cognizable,
compoundable, (a) an offence punishable under this Act shall be cognizable, if information
etc. relating to the commission of the offence is given to an officer in charge of a police
station by the married Muslim woman upon whom talaq is pronounced or any person
related to her by blood or marriage;
(b) an offence punishable under this Act shall be compoundable, at the instance
of the married Muslim woman upon whom talaq is pronounced with the permission of
the Magistrate, on such terms and conditions as he may determine;
(c) no person accused of an offence punishable under this Act shall be released
on bail unless the Magistrate, on an application filed by the accused and after hearing
the married Muslim woman upon whom talaq is pronounced, is satisfied that there are
reasonable grounds for granting bail to such person.
Repeal and 8. (1) The Muslim Women (Protection of Rights on Marriage) Second
savings. Ordinance, 2019 is hereby repealed. Ord. 4 of
2019.
(2) Notwithstanding such repeal, anything done or any action taken under the Muslim
Women (Protection of Rights on Marriage) Second Ordinance, 2019, shall be deemed to Ord. 4 of
have been done or taken under the provisions of this Act. 2019.

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. BANSHI Digitally signed by
BANSHI DHAR
DHAR DUBEY
Date: 2019.07.31
MGIPMRND—2272GI(S3)—31-07-2019. DUBEY 22:59:53 +05'30'
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 40] ubZ fnYyh] cq/kokj] tqykbZ 31] 2019@ Jko.k 9] 1941 ¼'kd½
No. 40] NEW DELHI, WEDNESDAY, JULY 31, 2019/SHRAVANA 9, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 31st July, 2019/Shravana 9, 1941 (Saka)

The following Act of Parliament received the assent of the President on the
31st July, 2019, and is hereby published for general information:—

THE BANNING OF UNREGULATED DEPOSIT

SCHEMES ACT, 2019
NO. 21 OF 2019
[31st July, 2019.]

An Act to provide for a comprehensive mechanism to ban the unregulated deposit

schemes, other than deposits taken in the ordinary course of business, and
to protect the interest of depositors and for matters connected therewith or
incidental thereto.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Banning of Unregulated Deposit Schemes Act, 2019. Short title,
extent and
(2) It extends to the whole of India except the State of Jammu and Kashmir. commencement.

(3) It shall be deemed to have come into force on the 21st day of February, 2019.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Definitions. 2. In this Act, unless the context otherwise requires,—

(1) “appropriate Government” means in respect of matters relating to,—
(i) the Union territory without legislature, the Central Government;
(ii) the Union territory of Puducherry, the Government of that Union
territory;
(iii) the Union territory of Delhi, the Government of that Union
territory; and
(iv) the State, the State Government;
(2) “company” shall have the same meaning as assigned to it in clause (20) of
section 2 of the Companies Act, 2013; 18 of 2013.

(3) “Competent Authority” means an Authority appointed by the appropriate

Government under section 7;
(4) “deposit” means an amount of money received by way of an advance or
loan or in any other form, by any deposit taker with a promise to return whether after
a specified period or otherwise, either in cash or in kind or in the form of a specified
service, with or without any benefit in the form of interest, bonus, profit or in any
other form, but does not include—
(a) amounts received as loan from a scheduled bank or a co-operative
bank or any other banking company as defined in section 5 of the Banking
Regulation Act, 1949; 10 of 1949.

(b) amounts received as loan or financial assistance from the Public

Financial Institutions notified by the Central Government in consultation with
the Reserve Bank of India or any non-banking financial company as defined in
clause (f) of section 45-I of the Reserve Bank of India Act, 1934 and is registered 2 of 1934.
with the Reserve Bank of India or any Regional Financial Institutions or
insurance companies;
(c) amounts received from the appropriate Government, or any amount
received from any other source whose repayment is guaranteed by the
appropriate Government, or any amount received from a statutory authority
constituted under an Act of Parliament or a State Legislature;
(d) amounts received from foreign Governments, foreign or international
banks, multilateral financial institutions, foreign Government owned
development financial institutions, foreign export credit collaborators, foreign
bodies corporate, foreign citizens, foreign authorities or person resident outside
India subject to the provisions of the Foreign Exchange Management Act, 1999 42 of 1999.
and the rules and regulations made thereunder;
(e) amounts received by way of contributions towards the capital by
partners of any partnership firm or a limited liability partnership;
(f) amounts received by an individual by way of loan from his relatives or
amounts received by any firm by way of loan from the relatives of any of its
partners;
(g) amounts received as credit by a buyer from a seller on the sale of any
property (whether movable or immovable);
(h) amounts received by an asset re-construction company which is
registered with the Reserve Bank of India under section 3 of the Securitisation
and Reconstruction of Financial Assets and Enforcement of Security Interest
Act, 2002; 54 of 2002.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(i) any deposit made under section 34 or an amount accepted by a political

43 of 1951. party under section 29B of the Representation of the People Act, 1951;
(j) any periodic payment made by the members of the self-help groups
operating within such ceilings as may be prescribed by the State Government
or Union territory Government;
(k) any other amount collected for such purpose and within such ceilings
as may be prescribed by the State Government;
(l) an amount received in the course of, or for the purpose of, business
and bearing a genuine connection to such business including—
(i) payment, advance or part payment for the supply or hire of
goods or provision of services and is repayable in the event the goods or
services are not in fact sold, hired or otherwise provided;
(ii) advance received in connection with consideration of an
immovable property under an agreement or arrangement subject to the
condition that such advance is adjusted against such immovable property
as specified in terms of the agreement or arrangement;
(iii) security or dealership deposited for the performance of the
contract for supply of goods or provision of services; or
(iv) an advance under the long-term projects for supply of capital
goods except those specified in item (ii):
Provided that if the amounts received under items (i) to (iv) become
refundable, such amounts shall be deemed to be deposits on the expiry
of fifteen days from the date on which they become due for refund:
Provided further that where the said amounts become refundable,
due to the deposit taker not obtaining necessary permission or approval
under the law for the time being in force, wherever required, to deal in the
goods or properties or services for which money is taken, such amounts
shall be deemed to be deposits.
Explanation.—For the purposes of this clause,—
(i) in respect of a company, the expression “deposit” shall
have the same meaning as assigned to it under the Companies
18 of 2013. Act, 2013;
(ii) in respect of a non-banking financial company registered
2 of 1934. under the Reserve Bank of India Act, 1934, the expression “deposit”
shall have the same meaning as assigned to it in clause (bb) of
section 45-I of the said Act;
(iii) the expressions “partner” and “firm” shall have the
meanings respectively assigned to them under the Indian
9 of 1932. Partnership Act, 1932;
(iv) the expression “partner” in respect of a limited liability
partnership shall have the same meaning as assigned to it in
clause (q) of sub-section (1) of section 2 of the Limited Liability
6 of 2009. Partnership Act, 2008;
(v) the expression “relative” shall have the same meaning as
18 of 2013. assigned to it in the Companies Act, 2013;
(5) “depositor” means any person who makes a deposit under this Act;
(6) “deposit taker” means—
(i) any individual or group of individuals;
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(ii) a proprietorship concern;

(iii) a partnership firm (whether registered or not);
(iv) a limited liability partnership registered under the Limited Liability
Partnership Act, 2008; 6 of 2009.

(v) a company;
(vi) an association of persons;
(vii) a trust (being a private trust governed under the provisions of the
Indian Trusts Act, 1882 or a public trust, whether registered or not); 2 of 1882.

(viii) a co-operative society or a multi-State co-operative society; or

(ix) any other arrangement of whatsoever nature, receiving or soliciting
deposits, but does not include—
(i) a Corporation incorporated under an Act of Parliament or a State
Legislature;
(ii) a banking company, a corresponding new bank, the State Bank
of India, a subsidiary bank, a regional rural bank, a co-operative bank or
a multi-State co-operative bank as defined in the Banking Regulation
Act,1949; 10 of 1949.

(7) “Designated Court” means a Designated Court constituted by the appropriate

Government under section 8;
(8) “insurer” shall have the same meaning as assigned to it in clause (9) of
section 2 of the Insurance Act, 1938; 4 of 1938.

(9) “notification” means a notification published in the Official Gazette and the
expression “notify” shall be construed accordingly;
(10) “person” includes—
(i) an individual;
(ii) a Hindu Undivided Family;
(iii) a company;
(iv) a trust;
(v) a partnership firm;
(vi) a limited liability partnership;
(vii) an association of persons;
(viii) a co-operative society registered under any law for the time being
in force relating to co-operative societies; or
(ix) every artificial juridical person, not falling within any of the preceding
sub-clauses;
(11) “prescribed” means prescribed by the rules made by the Central Government
or, as the case may be, the State Government under this Act;
(12) “property” means any property or assets of every description, whether
corporeal or incorporeal, movable or immovable, tangible or intangible, and includes
deeds and instruments evidencing title to, or interest in, such property or assets,
wherever located;
(13) “public financial institution” shall have the same meaning as assigned to
it in clause (72) of section 2 of the Companies Act, 2013; 18 of 2013.

(14) “Regulated Deposit Scheme” means the Schemes specified under

column (3) of the First Schedule;
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

(15) “Regulator” means the Regulator specified in column (2) of the First
Schedule;
(16) “Schedule” means the Schedule appended to this Act;
(17) “Unregulated Deposit Scheme” means a Scheme or an arrangement under
which deposits are accepted or solicited by any deposit taker by way of business and
which is not a Regulated Deposit Scheme, as specified under column (3) of the First
Schedule.
CHAPTER II
BANNING OF UNREGULATED DEPOSIT SCHEMES
3. On and from the date of commencement of this Act,— Banning of
Unregulated
(a) the Unregulated Deposit Schemes shall be banned; and Deposit
Schemes.
(b) no deposit taker shall, directly or indirectly, promote, operate, issue any
advertisement soliciting participation or enrolment in or accept deposits in pursuance
of an Unregulated Deposit Scheme.
4. No deposit taker, while accepting deposits pursuant to a Regulated Deposit Scheme, Fraudulent
shall commit any fraudulent default in the repayment or return of deposit on maturity or in default in
Regulated
rendering any specified service promised against such deposit. Deposit
Schemes.

5. No person by whatever name called shall knowingly make any statement, promise Wrongful
or forecast which is false, deceptive or misleading in material facts or deliberately conceal inducement in
relation to
any material facts, to induce another person to invest in, or become a member or participant Unregulated
of any Unregulated Deposit Scheme. Deposit
Schemes.

6. A prize chit or a money circulation scheme banned under the provisions of the Prize Certain
43 of 1978. Chits and Money Circulation Scheme (Banning) Act, 1978 shall be deemed to be an scheme to be
Unregulated
Unregulated Deposit Scheme under this Act. Deposit
Scheme.

CHAPTER III
AUTHORITIES
7. (1) The appropriate Government shall, by notification, appoint one or more officers Competent
not below the rank of Secretary to that Government, as the Competent Authority for the Authority.
purposes of this Act.
(2) The appropriate Government may, by notification, appoint such other officer or
officers as it thinks fit, to assist the Competent Authority in discharging its functions under
this Act.
(3) Where the Competent Authority or officers appointed under sub-section (2), for
the purposes of this section, has reason to believe (the reason for such belief to be recorded
in writing), on the basis of such information and particulars as may be prescribed, that any
deposit taker is soliciting deposits in contravention of section 3, he may, by an order in
writing, provisionally attach the deposits held by the deposit taker and the money or other
property acquired either in the name of the deposit taker or in the name of any other person
on behalf of the deposit taker from the date of the order, in such manner as may be prescribed.
(4) The Competent Authority shall, for the purposes of sub-section (3), have the
5 of 1908. same powers as vested in a civil court under the Code of Civil Procedure, 1908 while
conducting investigation or inquiry in respect of the following matters, namely:—
(a) discovery and inspection;
(b) enforcing the attendance of any person, including any officer of a reporting
entity and examining him on oath;
 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(c) compelling the production of records;

(d) receiving evidence on affidavits;
(e) issuing commissions for examination of witnesses and documents; and
(f) any other matter which may be prescribed.
(5) The Competent Authority shall have power to summon any person whose
attendance he considers necessary whether to give evidence or to produce any records
during the course of any investigation or proceeding under this section.
(6) All the persons so summoned shall be bound to attend in person or through
authorised agents, as such officer may direct, and shall be bound to state the truth upon
any subject respecting which they are examined or make statements, and produce such
documents as may be required.
(7) Every proceeding under sub-sections (4) and (5) shall be deemed to be a judicial
proceeding within the meaning of section 193 and section 228 of the Indian Penal Code. 45 of 1860.

(8) Subject to any rules made in this behalf by the Central Government, any officer
referred to in sub-section (2) may impound and retain in his custody for such period, as
he thinks fit, any records produced before him in any proceedings under this Act:
Provided that the officer or officers referred to in sub-section (2) shall not—
(a) impound any records without recording his reasons for so doing; or
(b) retain in his custody any such records for a period exceeding three months,
without obtaining the previous approval of the Competent Authority.
Designated 8. (1) The appropriate Government shall, with the concurrence of the Chief Justice
Court. of the concerned High Court, by notification, constitute one or more Courts known as
the Designated Courts for such area or areas or such case or cases as may be specified
in such notification, which shall be presided over by a Judge not below the rank of a
District and Sessions Judge or Additional District and Sessions Judge.
(2) No Court other than the Designated Court shall have jurisdiction in respect of
any matter to which the provisions of this Act apply.
(3) When trying an offence under this Act, the Designated Court may also try an
offence, other than an offence under this Act, with which the accused may, under the
Code of Criminal Procedure, 1973, be charged at the same trial. 2 of 1974.

CHAPTER IV
INFORMATION ON DEPOSIT TAKERS

Central 9. (1) The Central Government may designate an authority, whether existing or to
database. be constituted, which shall create, maintain and operate an online database for information
on deposit takers operating in India.
(2) The authority designated under sub-section (1) may require any Regulator or
the Competent Authority to share such information on deposit takers, as may be
prescribed.
Information 10. (1) Every deposit taker which commences or carries on its business as such on
of business by or after the commencement of this Act shall intimate the authority referred to in
deposit taker.
sub-section (1) of section 9 about its business in such form and manner and within such
time, as may be prescribed.
(2) The Competent Authority may, if it has reason to believe that the deposits are
being solicited or accepted pursuant to an Unregulated Deposit Scheme, direct any
deposit taker to furnish such statements, information or particulars, as it considers
necessary, relating to or connected with the deposits received by such deposit taker.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

Explanation.—For the removal of doubts, it is hereby clarified that—

(a) the requirement of intimation under sub-section (1) is applicable to deposit
takers accepting or soliciting deposits as defined in clause (4) of section 2; and
(b) the requirement of intimation under sub-section (1) applies to a company,
18 of 2013. if the company accepts the deposits under Chapter V of the Companies Act, 2013.
11. (1) The Competent Authority shall share all information received under Information
section 29 with the Central Bureau of Investigation and with the authority which may be to be shared.
designated by the Central Government under section 9.
(2) The appropriate Government, any Regulator, income-tax authorities or any
other investigation agency, having any information or documents in respect of the offence
investigated under this Act by the police or the Central Bureau of Investigation, shall
share all such information or documents with the police or the Central Bureau of
Investigation.
(3) Where the principal officer of any banking company, a corresponding new
bank, the State Bank of India, a subsidiary bank, a regional rural bank, a co-operative
bank or a multi-State co-operative bank has reason to believe that any client is a deposit
taker and is acting in contravention to the provisions of this Act, he shall forthwith
inform the same to the Competent Authority.

CHAPTER V
RESTITUTION TO DEPOSITORS
12. Save as otherwise provided in the Securitisation and Reconstruction of Financial Priority of
54 of 2002. Assets and Enforcement of Security Interest Act, 2002 or the Insolvency and Bankruptcy depositors'
claim.
31 of 2016. Code, 2016, any amount due to depositors from a deposit taker shall be paid in priority
over all other debts and all revenues, taxes, cesses and other rates payable to the
appropriate Government or the local authority.
13. (1) Save as otherwise provided in the Securitisation and Reconstruction of Precedence of
54 of 2002. Financial Assets and Enforcement of Security Interest Act, 2002 or the Insolvency and attachment.
31 of 2016. Bankruptcy Code, 2016, an order of provisional attachment passed by the Competent
Authority, shall have precedence and priority, to the extent of the claims of the depositors,
over any other attachment by any authority competent to attach property for repayment
of any debts, revenues, taxes, cesses and other rates payable to the appropriate
Government or the local authority.
(2) Where an order of provisional attachment has been passed by the Competent
Authority—
(a) such attachment shall continue until an order is passed under
sub-section (3) or sub-section (5) of section 15 by the Designated Court;
(b) all the attached money or property of the deposit taker and the persons
mentioned therein shall vest in the Competent Authority and shall remain so vested
till further order of the Designated Court.
(3) The Competent Authority shall open an account in a scheduled bank for the
purpose of crediting and dealing with the money realised under this Act, which shall not
be utilised except under the instructions of the Designated Court.
(4) The Competent Authority shall not dispose of or alienate the property or money
attached, except in accordance with the order of the Designated Court under
sub-section (3) or sub-section (5) of section 15.
 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(5) Notwithstanding anything contained in sub-section (4), the Competent Authority

may, if it thinks it expedient, order the immediate sale of perishable items or assets, and the
proceeds of the sale shall be utilised in the same manner as provided for other property.
Application 14. (1) The Competent Authority shall, within a period of thirty days, which may
for extend up to sixty days, for reasons to be recorded in writing, from the date of the order of
confirmation
of attachment
provisional attachment, file an application with such particulars as may be prescribed,
and sale of before the Designated Court for making the provisional attachment absolute, and for
property. permission to sell the property so attached by public auction or, if necessary, by private
sale.
(2) In case where the money or property has been attached on the permission granted
by a Designated Court in another State or Union territory, the application for confirmation
of such attachment shall be filed in that Court.
Confirmation 15. (1) Upon receipt of an application under section 14, the Designated Court shall
of attachment issue notice to—
by Designated
Court. (a) the deposit taker; and
(b) any person whose property is attached under section 14,
to show cause, within a period of thirty days from the date of issue of notice, as to why the
order of attachment should not be made absolute and the properties so attached be sold.
(2) The Designated Court shall also issue notice to all other persons represented to
it as having or being likely to claim any interest or title in the property, to appear on the same
date as persons referred to in sub-section (1) to raise objections, if they so desire, to the
attachment of the property.
(3) The Designated Court shall, after adopting such procedure as may be prescribed,
pass an order—
(a) making the provisional order of attachment absolute; or
(b) varying it by releasing a portion of the property from attachment; or
(c) cancelling the provisional order of attachment,
and in case of an order under clause (a) or clause (b), direct the Competent Authority to sell
the property so attached by public auction or, if necessary, by private sale and realise the
sale proceeds.
(4) The Designated Court shall not, in varying or cancelling the provisional order of
attachment, release any property from attachment, unless it is satisfied that—
(a) the deposit taker or the person referred to in sub-section (1) has interest in
such property; and
(b) there shall remain an amount or property sufficient for repayment to the
depositors of such deposit taker.
(5) The Designated Court shall pass such order or issue such direction as may be
necessary for the equitable distribution among the depositors of the money attached or
realised out of the sale.
(6) The Designated Court shall endeavour to complete the proceedings under this
section within a period of one hundred and eighty days from the date of receipt of the
application referred to in sub-section (1).
Attachment 16. (1) Where the Designated Court is satisfied that there is a reasonable cause for
of property of believing that the deposit taker has transferred any property otherwise than in good
mala fide
transferees.
faith and not for commensurate consideration, it may, by notice, require any transferee of
such property, whether or not he received the property directly from the said deposit
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

taker, to appear on a date to be specified in the notice and show cause why so much of
the transferee’s property as is equivalent to the proper value of the property transferred
should not be attached.
(2) Where the said transferee does not appear and show cause on the specified
date or where the Designated Court is satisfied that the transfer of the property to the
said transferee was not a bona fide transfer and not for commensurate consideration, it
shall order the attachment of so much of the said transferee’s property as in its opinion
is equivalent to the proper value of the property transferred.
17. (1) Any deposit taker or a person referred to in sub-section (1) of section 15, or Payment in
transferee referred to in section 16 whose property is about to be attached or has been lieu of
attachment.
provisionally attached under this Act, may, at any time before the confirmation of
attachment, apply to the Designated Court for permission to deposit the fair value of the
property in lieu of attachment.
(2) While allowing the deposit taker or person or transferee referred to in
sub-section (1) to make the deposit under sub-section (1), the Designated Court may
order such deposit taker or person or transferee to pay any sum towards costs as may be
applicable.
18. (1) The Designated Court shall exercise the following powers, namely:— Powers of
Designated
(a) power to approve the statement of dues of the deposit taker due from Court.
various debtors;
(b) power to assess the value of the assets of the deposit taker and finalise
the list of the depositors and their respective dues;
(c) power to direct the Competent Authority to take possession of any assets
belonging to or in the control of the deposit taker and to sell, transfer or realise the
attached assets, either by public auction or by private sale as it deems fit depending
upon the nature of assets and credit the sale proceeds thereof to its bank account;
(d) power to approve the necessary expenditure to be incurred by the
Competent Authority for taking possession and realisation of the assets of the
deposit taker;
(e) power to pass an order for full payment to the depositors by the Competent
Authority or an order for proportionate payment to the depositors in the event, the
money so realised is not sufficient to meet the entire deposit liability;
(f) power to direct any person, who has made profit or averted loss by
indulging in any transaction or activity in contravention of the provisions of this
Act, to disgorge an amount equivalent to the wrongful gain made or loss averted
by such contravention; and
(g) power to pass any other order which the Designated Court deems fit for
realisation of assets of the deposit taker and for repayment of the same to the
depositors of such deposit taker or on any other matter or issue incidental thereto.
(2) On the application of any person interested in any property attached and
vested in the Competent Authority under this Act and after giving such Competent
Authority an opportunity of being heard, make such order as the Designated Court
considers just and reasonable for—
(a) providing from such of the property attached and vested in the Competent
Authority as the applicant claims an interest in, such sums as may be reasonably
necessary for the maintenance of the applicant and of his family, and for expenses
connected with the defence of the applicant where criminal proceedings have been
initiated against him in the Designated Court under this Act; or
 10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) safeguarding, so far as may be practicable, the interest of any business

affected by the attachment.
Explanation.—For the purposes of this section, the expression “deposit
taker” includes the directors, promoters, managers or members of said establishment
or any other person whose property or assets have been attached under this Act.
Appeal to 19. Any person including the Competent Authority, if aggrieved by any final order
High Court. of the Designated Court under this Chapter, may appeal to the High Court, within a
period of sixty days from the date of such order:
Provided that the High Court may entertain the appeal after the expiry of the said
period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause
from preferring the appeal in time.
Explanation.—The expression “High Court” means the High Court of a State or
Union territory where the Designated Court is situated.
Power of 20. (1) Whenever it is made to appear to the Supreme Court that there is a default
Supreme Court in any deposit scheme or deposit schemes of the nature referred to in section 30, the
to transfer
cases.
Supreme Court may, by an order, direct that any particular case be transferred from one
Designated Court to another Designated Court.
(2) The Supreme Court may act under this section only on an application filed by
the Competent Authority or any interested party, and every such application shall be
supported by an affidavit.
(3) Where an application for the exercise of the powers conferred by this section is
dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or
vexatious, order the applicant to pay by way of compensation to any person who has
opposed the application such sum not exceeding fifty thousand rupees as it may consider
appropriate in the circumstances of the case.

CHAPTER VI
OFFENCES AND PUNISHMENTS

Punishment 21. (1) Any deposit taker who solicits deposits in contravention of section 3 shall
for be punishable with imprisonment for a term which shall not be less than one year but
contravention
of section 3. which may extend to five years and with fine which shall not be less than two lakh
rupees but which may extend to ten lakh rupees.
(2) Any deposit taker who accepts deposits in contravention of section 3 shall be
punishable with imprisonment for a term which shall not be less than two years but
which may extend to seven years and with fine which shall not be less than three lakh
rupees but which may extend to ten lakh rupees.
(3) Any deposit taker who accepts deposits in contravention of section 3 and
fraudulently defaults in repayment of such deposits or in rendering any specified service,
shall be punishable with imprisonment for a term which shall not be less than three years
but which may extend to ten years and with fine which shall not be less than five lakh
rupees but which may extend to twice the amount of aggregate funds collected from the
subscribers, members or participants in the Unregulated Deposit Scheme.
Explanation.—For the purposes of this Act,—
(i) the expression “fraudulently” shall have the same meaning as assigned to
it in section 25 of the Indian Penal Code; 45 of 1860.

(ii) where the terms of the Deposit Scheme are entirely impracticable or
unviable, the terms shall be relevant facts showing an intention to defraud.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

22. Any deposit taker who contravenes the provisions of section 4 shall be Punishment
punishable with imprisonment for a term which may extend to seven years, or with fine for
contravention
which shall not be less than five lakh rupees but which may extend to twenty-five crore of section 4.
rupees or three times the amount of profits made out of the fraudulent default referred to
in said section, whichever is higher, or with both.
23. Any person who contravenes the provisions of section 5 shall be punishable Punishment
with imprisonment for a term which shall not be less than one year but which may extend for
contravention
to five years and with fine which may extend to ten lakh rupees. of section 5.
24. Whoever having been previously convicted of an offence punishable under Punishment
this Chapter, except the offence under section 26, is subsequently convicted of an offence for repeat
offenders.
shall be punishable with imprisonment for a term which shall not be less than five years
but which may extend to ten years and with fine which shall not be less than ten lakh
rupees but which may extend to fifty crore rupees.
25. (1) Where an offence under this Act has been committed by a deposit taker Offences by
other than an individual, every person who, at the time the offence was committed, was deposit takers
other than
in charge of, and was responsible to, the deposit taker for the conduct of its business, as individuals.
well as the deposit taker, shall be deemed to be guilty of the offence and shall be liable
to be proceeded against and punished accordingly.
(2) Nothing contained in sub-section (1) shall render any such person liable to any
punishment provided in this Act, if he proves that the offence was committed without
his knowledge or that he exercised all due diligence to prevent the commission of such
offence.
(3) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a deposit taker other than an individual, and it is proved
that the offence—
(a) has been committed with the consent or connivance of; or
(b) is attributable to any neglect on the part of any director, manager, secretary,
promoter, partner, employee or other officer of the deposit taker,
such person shall also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
26. Whoever fails to give the intimation required under sub-section (1) of Punishment
section 10 or fails to furnish any such statements, information or particulars as required for
contravention
under sub-section (2) of that section, shall be punishable with fine which may extend to of section 10.
five lakh rupees.
27. Notwithstanding anything contained in section 4, no Designated Court shall Cognizance of
take cognizance of an offence punishable under that section except upon a complaint offences.
made by the Regulator:
Provided that the provisions of section 4 and this section shall not apply in relation
to a deposit taker which is a company.

CHAPTER VII
INVESTIGATION, SEARCH AND SEIZURE
2 of 1974. 28. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 Offences to be
every offence punishable under this Act, except the offence under section 22 and cognizable and
non-bailable.
section 26, shall be cognizable and non-bailable.
29. The police officer shall, on recording information about the commission of an Competent
offence under this Act, inform the same to the Competent Authority. Authority to
be informed
of offences.
 12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Investigation 30. (1) On receipt of information under section 29 or otherwise, if the Competent
of offences by Authority has reason to believe that the offence relates to a deposit scheme or deposit
Central Bureau
of schemes in which—
Investigation.
(a) the depositors, deposit takers or properties involved are located in more
than one State or Union territory in India or outside India; and
(b) the total value of the amount involved is of such magnitude as to significantly
affect the public interest,
the Competent Authority shall refer the matter to the Central Government for investigation
by the Central Bureau of Investigation.
(2) The reference made by the Competent Authority under sub-section (1) shall be
deemed to be with the consent of the State Government under section 6 of the Delhi Special
Police Establishment Act, 1946. 25 of 1946.

(3) On the receipt of the reference under sub-section (1), the Central Government may
transfer the investigation of the offence to the Central Bureau of Investigation under
section 5 of the Delhi Special Police Establishment Act, 1946. 25 of 1946.

Power to 31. (1) Whenever any police officer, not below the rank of an officer in-charge of a
enter, search police station, has reason to believe that anything necessary for the purpose of an
and seize
without
investigation into any offence under this Act may be found in any place within the limits of
warrant. the police station of which he is in-charge, or to which he is attached, such officer may, with
the written authorisation of an officer not below the rank of Superintendent of Police, and
after recording in writing so far as possible, the thing for which the search is to be made and
subject to the rules made in this behalf, authorise any officer subordinate to him,—
(a) to enter and search any building, conveyance or place, between sunrise
and sunset, which he has reason to suspect is being used for purposes connected
with the promotion or conduct of any deposit taking scheme or arrangement in
contravention of the provisions of this Act;
(b) in case of resistance, to break open any door and remove any obstacle to
such entry, if necessary by force, with such assistance as he considers necessary, for
exercising the powers conferred by clause (a);
(c) to seize any record or property found as a result of the search in the said
building, conveyance or place, which are intended to be used, or reasonably suspected
to have been used, in connection with any such deposit taking scheme or arrangement
in contravention of the provisions of this Act; and
(d) to detain and search, and if he thinks proper, take into custody and produce
before any Designated Court any such person whom he has reason to believe to
have committed any offence punishable under this Act:
Provided that if such officer has reason to believe that the said written
authorisation cannot be obtained without affording opportunity for the concealment
of evidence or facility for the escape of an offender, he may, without the said written
authorisation, enter and search such building, conveyance or place, at any time
between sunset and sunrise after recording the grounds in writing.
(2) Where it is not practicable to seize the record or property, the officer authorised
under sub-section (1), may make an order in writing to freeze such property, account,
deposits or valuable securities maintained by any deposit taker about which a complaint
has been made or credible information has been received or a reasonable suspicion exists
of their having been connected with the promotion or conduct of any deposit taking scheme
or arrangement in contravention of the provisions of this Act and it shall be binding on the
concerned bank or financial or market establishment to comply with the said order:
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

Provided that no bank or financial or market establishment shall freeze such account,
deposit or valuable securities, for a period beyond thirty days unless the same is authorised
by the order of the Designated Court:
Provided further that, if at any time, it becomes practicable to seize the frozen
property, the officer authorised under sub-section (1) may seize such property.
Explanation.—For the purposes of this section, the expressions,—
(i) “freezing of account” shall mean that no transaction, whether deposit or
withdrawal shall be allowed in the said account; and
(ii) “freezing of property” shall mean that no transfer, conversion, disposition
or movement of property shall be allowed.
(3) Where an officer takes down any information in writing or records grounds for
his belief or makes an order in writing under sub-section (1) or sub-section (2), he shall,
within a time of seventy-two hours send a copy thereof to the Designated Court in a
sealed envelope and the owner or occupier of the building, conveyance or place shall,
on application, be furnished, free of cost, with a copy of the same by the Designated
Court.
(4) All searches, seizures and arrests under this section shall be made in accordance
2 of 1974. with the provisions of the Code of Criminal Procedure, 1973.
32. (1) The Designated Court may take cognizance of offences under this Act Application of
without the accused being committed to it for trial. Code of
Criminal
(2) Save as otherwise provided in section 31, the provisions of the Code of Criminal Procedure,
2 of 1974. Procedure, 1973 shall apply— 1973 to
proceedings
(a) to all arrests, searches and seizures made under this Act; before
Designated
(b) to the proceedings under this Act and for the purposes of the said Court.
provisions, the Designated Court shall be deemed to be a Court of Session and the
persons conducting the prosecution before the Designated Court, shall be deemed
to be Public Prosecutors.

CHAPTER VIII
MISCELLANEOUS
33. Where any newspaper or other publication of any nature, contains any Publication of
statement, information or advertisement promoting, soliciting deposits for, or inducing advertisement
of Unregulated
any person to become a member of any Unregulated Deposit Scheme, the appropriate Deposit
Government may direct such newspaper or publication to publish a full and fair retraction, Scheme.
free of cost, in the same manner and in the same position in such newspaper or publication
as may be prescribed.
34. Save as otherwise expressly provided in this Act, the provisions of this Act Act to have
shall have effect notwithstanding anything contained in any other law for the time being overriding
effect.
in force, including any law made by any State or Union territory.
35. The provisions of this Act shall be in addition to, and not in derogation of, the Application of
provisions of any other law for the time being in force. other laws not
barred.
36. No suit, prosecution or other legal proceedings shall lie against the appropriate Protection of
Government or the Competent Authority or any officer of the appropriate Government action taken
in good faith.
for anything which is in good faith done or intended to be done under this Act or the
rules made thereunder.
37. (1) The Central Government may, by notification, make rules for carrying out Power of
the provisions of this Act. Central
Government
to make rules.
 14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the information and other particulars to be taken into consideration before
issuing an order, and the manner of attachment, under sub-section (3) of section 7;
(b) the information to be shared under sub-section (2) of section 9;
(c) the form and manner in which and the time within which the intimation shall
be given under sub-section (1) of section 10;
(d) the particulars contained in the application to be filed by the Competent
Authority before the Designated Court under sub-section (1) of section 14;
(e) the procedure to be adopted by the Designated Court before issuing an
order under sub-section (3) of section 15;
(f) rules under sub-section (1) of section 31;
(g) the manner of publication of advertisement under section 33; and
(h) any other matter which is required to be, or may be, prescribed.
Power of State 38. (1) The State Government or Union territory Government, as the case may be, in
Government, consultation with the Central Government, by notification, make rules for carrying out the
etc., to make
rules.
provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) ceiling for self-help groups under clause (j) of sub-section (4) of section 2;
(b) purpose and ceiling under clause (k) of sub-section (4) of section 2;
(c) the manner of provisional attachment of property by the Competent Authority
under sub-section (3) of section 7;
(d) other matters under clause (f) of sub-section (4) of section 7;
(e) the rules relating to impounding and custody of records under
sub-section (8) of section 7; and
(f) any other matter which is required to be, or may be, prescribed.
Laying of 39. (1) Every rule made by the Central Government under this Act shall be laid, as
rules. soon as may be after it is made, before each House of Parliament, while it is in session, for
a total period of thirty days which may be comprised in one session, or in two or more
successive sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
(2) Every rule made by a State Government or the Union territory Government, as the
case may be, shall be laid, as soon as may be after it is made, before each House of the State
Legislature or the Union territory Legislature, as the case may be, where it consists of two
Houses, or where such Legislature consists of one House, before that House.
Power to 40. (1) The Central Government may, having regard to the objects of this Act, and if
amend First it considers necessary or expedient so to do, by notification, add to, or as the case may be,
Schedule.
omit from the First Schedule, any scheme or arrangement, and on such addition, or omission,
such scheme or arrangement shall become, or cease to be, a Regulated Deposit Scheme, as
the case may be.
(2) A copy of every notification issued under this section shall, as soon as may be
after it has been issued, be laid before each House of Parliament.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

41. The provisions of this Act shall not apply to deposits taken in the ordinary Act not to
apply certain
course of business. deposits.
42. The enactments specified in the Second Schedule shall be amended in the manner Amendment
specified therein. to certain
enactments.
43. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to
Government may, by order published in the Official Gazette, make such provisions, not remove
difficulties.
inconsistent with the provisions of this Act, as may appear to it to be necessary for 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 this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
Ord. 7 of 44. (1) The Banning of Unregulated Deposit Schemes Ordinance, 2019, is hereby Repeal and
2019. repealed. saving.

(2) Notwithstanding such repeal, anything done or any action taken under the said
Ordinance, shall be deemed to have been done or taken under this Act.
16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

THE FIRST SCHEDULE

[See section 2 (15)]
REGULATED DEPOSIT SCHEMES
(1) The Regulator and Regulated Deposit Scheme refers to the regulators and
schemes and arrangements listed in the following Table, namely:—
TABLE

Sl. No. Regulator Regulated Deposit Scheme

(1) (2) (3)
1. The Securities and (i) Any scheme or an arrangement [as defined under
Exchange Board section 11AA of the Securities and Exchange Board of
of India India Act, 1992 (15 of 1992)] launched, sponsored or
carried out by a Collective Investment Management
Company registered with the Securities and Exchange
Board of India under the Securities and Exchange Board
of India (Collective Investment Scheme) Regulations,
1999.
(ii) Any scheme or an arrangement registered with the
Securities and Exchange Board of India under the
Securities and Exchange Board of India (Alternative
Investment Funds) Regulations, 2012.
(iii) Any scheme or an arrangement, pursuant to which
funds are managed by a portfolio manager, registered
under the Securities and Exchange Board of India
(Portfolio Managers) Regulations, 1993.
(iv) Any scheme or an arrangement regulated under the
Securities and Exchange Board of India (Share Based
Employee Benefits) Regulations, 2014 or providing for
employee benefits as permitted under the Companies
Act, 2013 (18 of 2013).
(v) Any other scheme or an arrangement registered
under the Securities and Exchange Board of India Act,
1992 (15 of 1992), or the regulations made thereunder.
(vi) Any amount received as contributions in the nature
of subscriptions to a mutual fund registered with
Securities and Exchange Board of India under the
Securities and Exchange Board of India (Mutual Funds)
Regulations, 1996.
2. The Reserve Bank of (i) Any scheme under which deposits are accepted by
India Non-Banking Financial Companies as defined in clause
(f) of section 45-I of the Reserve Bank of India Act, 1934
(2 of 1934) and registered with the Reserve Bank of
India; or any other scheme or an arrangement registered
under the Reserve Bank of India Act, 1934.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17

(1) (2) (3)

(ii) Any scheme or an arrangement under which funds
are accepted by individuals or entities engaged as
Business Correspondents and Facilitators by banks
subject to the guidelines and circulars issued by the
Reserve Bank of India from time to time.
(iii) Any scheme or an arrangement under which funds
are received by a system provider operating as an
authorised payment system under the Payment and
Settlement Systems Act, 2007 (51 of 2007).
(iv) Any other scheme or an arrangement regulated
under the Reserve Bank of India Act, 1934 (2 of 1934),
or the guidelines or circulars of the Reserve Bank of
India.
3. The Insurance A contract of insurance pursuant to a certificate of
Regulatory and registration obtained in accordance with the Insurance
Development Act, 1938 (4 of 1938).
Authority of India
4. The State Government (i) Any scheme or an arrangement made or offered by a
or Union territory co-operative society registered under the Co-operative
Government Societies Act, 1912 (2 of 1912) or a society being a
society registered or deemed to be registered under
any law relating to co-operative societies for the time
being in force in any State or Union territory.
(ii) Any scheme or an arrangement commenced or
conducted as a chit business with the previous sanction
of the State Government in accordance with the
provisions of the Chit Funds Act, 1982 (40 of 1982).
(iii) Any scheme or an arrangement regulated by any
enactment relating to money lending which is for the
time being in force in any State or Union territory.
(iv) Any scheme or an arrangement by a prize chit or
money circulation scheme under section 11 of the Prize
Chits and Money Circulation Schemes (Banning)
Act, 1978 (43 of 1978).
5. The National Any scheme or an arrangement for acceptance of
Housing Bank deposits registered under the National Housing Bank
Act, 1987 (53 of 1987).
6. The Pension Fund Any scheme or an arrangement under the Pension Fund
Regulatory and Regulatory and Development Authority Act, 2013
Development (23 of 2013).
Authority
7. The Employees' Any scheme, Pension Scheme or Insurance Scheme
Provident Fund framed under the Employees' Provident Fund and
Organisation Miscellaneous Provisions Act, 1952 ( 19 of 1952).
8. The Central Registrar, Any scheme or an arrangement for acceptance of
Multi-State Co- deposits from voting members by a Multi-State
operative Societies Co-operative Society registered under the Multi-State
Co-operative Societies Act, 2002 (39 of 2002).
18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(1) (2) (3)

9. The Ministry of (i) Deposits accepted or permitted under the provisions
Corporate Affairs, of Chapter V of the Companies Act, 2013 (18 of 2013).
Government of India
(ii) Any scheme or an arrangement under which deposits
are accepted by a company declared as a Nidhi or a
Mutual Benefit Society under section 406 of the
Companies Act, 2013 (18 of 2013).

(2) The following shall also be treated as Regulated Deposit Schemes under this Act,
namely:—
(a) deposits accepted under any scheme or an arrangement registered with any
regulatory body in India constituted or established under a statute; and
(b) any other scheme as may be notified by the Central Government under this
Act.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19

THE SECOND SCHEDULE

(See section 42)
AMENDMENTS TO CERTAIN ENACTMENTS

PART I
AMENDMENT TO THE RESERVE BANK OF INDIA
ACT, 1934
In the Reserve Bank of India Act, 1934, in section 45-I, in clause (bb), after Amendment of
Explanation II, the following Explanation shall be inserted, namely:— section 45-I of
Act 2 of 1934.
"Explanation III.—The amounts accepted by a co-operative society from the
members or shareholders, by whatever name called, but excluding the amounts received
as share capital, shall be deemed to be deposits for the purposes of this clause, if such
members or shareholders are nominal or associate members, by whatever name called,
who do not have full voting rights in the meetings of such co-operative society.".
PART II
AMENDMENTS TO THE SECURITIES AND EXCHANGE BOARD OF I NDIA ACT, 1992
In the Securities and Exchange Board of India Act, 1992,— Amendment
of section 11
(i) in section 11, in sub-section (4), for clause (e), the following clause shall be of Act 15 of
substituted, namely:— 1992.

"(e) attach, for a period not exceeding ninety days, bank accounts or
other property of any intermediary or any person associated with the securities
market in any manner involved in violation of any of the provisions of this Act,
or the rules or the regulations made thereunder:
Provided that the Board shall, within ninety days of the said attachment,
obtain confirmation of the said attachment from the Special Court, established
under section 26A, having jurisdiction and on such confirmation, such attachment
shall continue during the pendency of the aforesaid proceedings and on
conclusion of the said proceedings, the provisions of section 28A shall apply:
Provided further that only property, bank account or accounts or any
transaction entered therein, so far as it relates to the proceeds actually involved
in violation of any of the provisions of this Act, or the rules or the regulations
made thereunder shall be allowed to be attached.";
(ii) in section 28A, after Explanation 3, the following Explanation shall be
inserted, namely:—
"Explanation 4.—The interest referred to in section 220 of the Income-tax
43 of 1961. Act, 1961 shall commence from the date the amount became payable by the
person.".
PART III
AMENDMENT TO THE MULTI-STATE CO-OPERATIVE SOCIETIES ACT, 2002
In the Multi-State Co-operative Societies Act, 2002, in section 67, in sub-section (1),— Amendment
of section 67
(a) after the words "receive deposits", the words "from its voting members" of Act 39 of
shall be inserted; 2002.
 20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]

(b) the following Explanation shall be inserted, namely:—

"Explanation.—For the removal of doubts, it is hereby clarified that a
multi-State co-operative society shall not be entitled to receive deposits from
persons other than voting members.".

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Digitally signed by
BANSHI DHAR BANSHI DHAR DUBEY
Date: 2019.07.31 23:03:04
DUBEY +05'30'

MGIPMRND—2273GI(S3)—31-07-2019.
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

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PART II — Section 1
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PUBLISHED BY AUTHORITY
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No. 41] NEW DELHI, WEDNESDAY, JULY 31, 2019/SHRAVANA 9, 1941 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 31st July, 2019/Shravana 9, 1941 (Saka)

The following Act of Parliament received the assent of the President on the
31st July, 2019, and is hereby published for general information:—

THE COMPANIES (AMENDMENT) ACT, 2019

NO. 22 OF 2019
[31st July, 2019]
An Act further to amend the Companies Act, 2013.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
1. (1) This Act may be called the Companies (Amendment) Act, 2019. Short title and
commencement.
(2) The provisions of this Act, except sections 6, 7 and 8, clauses (i), (iii) and clause
(iv) of section 14, sections 20 and 21, section 31, sections 33, 34 and 35, sections 37 and 38
shall be deemed to have come into force on the 2nd day of November, 2018.
(3) The provisions of sections 6, 7 and 8, clauses (i), (iii) and clause (iv) of section 14,
sections 20 and 21, section 31, sections 33, 34 and 35, sections 37 and 38 shall come into force
on such date as the Central Government may, by notification in the Official Gazette, appoint
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

and different dates may be appointed for these provisions and any reference in any such
provision to the commencement of this Act shall be construed as a reference to the coming
into force of that provision.
Amendment 2. In section 2 of the Companies Act, 2013 (hereinafter referred to as the principal Act), 18 of 2013.
of section 2. in clause (41),––
(a) for the first proviso, the following provisos shall be substituted, namely:—
“Provided that where a company or body corporate, which is a holding
company or a subsidiary or associate company of a company incorporated
outside India and is required to follow a different financial year for consolidation
of its accounts outside India, the Central Government may, on an application
made by that company or body corporate in such form and manner as may be
prescribed, allow any period as its financial year, whether or not that period is a
year:
Provided further that any application pending before the Tribunal as on
the date of commencement of the Companies (Amendment) Act, 2019, shall be
disposed of by the Tribunal in accordance with the provisions applicable to it
before such commencement.”;
(b) in the second proviso, for the words “Provided further that”, the words
“Provided also that” shall be substituted.
Insertion of 3. After section 10 of the principal Act, the following section shall be inserted,
new section namely:—
10A.
Commencement “10A. (1) A company incorporated after the commencement of the Companies
of business, etc. (Amendment) Act, 2019 and having a share capital shall not commence any business
or exercise any borrowing powers unless—
(a) a declaration is filed by a director within a period of one hundred and
eighty days of the date of incorporation of the company in such form and
verified in such manner as may be prescribed, with the Registrar that every
subscriber to the memorandum has paid the value of the shares agreed to be
taken by him on the date of making of such declaration; and
(b) the company has filed with the Registrar a verification of its registered
office as provided in sub-section (2) of section 12.
(2) If any default is made in complying with the requirements of this section, the
company shall be liable to a penalty of fifty thousand rupees and every officer who is
in default shall be liable to a penalty of one thousand rupees for each day during
which such default continues but not exceeding an amount of one lakh rupees.
(3) Where no declaration has been filed with the Registrar under clause (a) of
sub-section (1) within a period of one hundred and eighty days of the date of
incorporation of the company and the Registrar has reasonable cause to believe that
the company is not carrying on any business or operations, he may, without prejudice
to the provisions of sub-section (2), initiate action for the removal of the name of the
company from the register of companies under Chapter XVIII.”.
Amendment 4. In section 12 of the principal Act, after sub-section (8), the following sub-section
of section 12. shall be inserted, namely:—
“(9) If the Registrar has reasonable cause to believe that the company is not
carrying on any business or operations, he may cause a physical verification of the
registered office of the company in such manner as may be prescribed and if any
default is found to be made in complying with the requirements of sub-section (1), he
may without prejudice to the provisions of sub-section (8), initiate action for the
removal of the name of the company from the register of companies under
Chapter XVIII.”.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

5. In section 14 of the principal Act,— Amendment of

section 14.
(i) in sub-section (1), for the second proviso, the following provisos shall be
substituted, namely:—
“Provided further that any alteration having the effect of conversion of a
public company into a private company shall not be valid unless it is approved
by an order of the Central Government on an application made in such form and
manner as may be prescribed:
Provided also that any application pending before the Tribunal, as on the
date of commencement of the Companies (Amendment) Act, 2019, shall be
disposed of by the Tribunal in accordance with the provisions applicable to it
before such commencement.”;
(ii) in sub-section (2), for the word “Tribunal”, the words “Central Government”
shall be substituted.
6. In section 26 of the principal Act,— Amendment
of section 26.
(i) in sub-sections (4), (5) and (6), for the word “registration”, the word “filing”
shall be substituted;
(ii) sub-section (7) shall be omitted.
7. In section 29 of the principal Act,— Amendment
of section 29.
(i) in sub-section (1), in clause (b), the word “public” shall be omitted;
(ii) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) In case of such class or classes of unlisted companies as may be
prescribed, the securities shall be held or transferred only in dematerialised form
22 of 1996. in the manner laid down in the Depositories Act, 1996 and the regulations made
thereunder.”.
8. In section 35 of the principal Act, in sub-section (2), in clause (c), for the words Amendment of
“delivery of a copy of the prospectus for registration”, the words “filing of a copy of the section 35.
prospectus with the Registrar” shall be substituted.
9. In section 53 of the principal Act, for sub-section (3), the following sub-section Amendment
shall be substituted, namely:— of section 53.

“(3) Where any company fails to comply with the provisions of this section,
such company and every officer who is in default shall be liable to a penalty which
may extend to an amount equal to the amount raised through the issue of shares at a
discount or five lakh rupees, whichever is less, and the company shall also be liable to
refund all monies received with interest at the rate of twelve per cent. per annum from
the date of issue of such shares to the persons to whom such shares have been
issued.”.
10. In section 64 of the principal Act, for sub-section (2), the following sub-section Amendment of
shall be substituted, namely:— section 64.

“(2) Where any company fails to comply with the provisions of sub-section (1),
such company and every officer who is in default shall be liable to a penalty of one
thousand rupees for each day during which such default continues, or five lakh rupees
whichever is less.”.
11. In section 77 of the principal Act, in sub-section (1), for the first and second Amendment
provisos, the following provisos shall be substituted, namely:— of section 77.

“Provided that the Registrar may, on an application by the company, allow such
registration to be made––
 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(a) in case of charges created before the commencement of the Companies

(Amendment) Act, 2019, within a period of three hundred days of such creation; or
(b) in case of charges created on or after the commencement of the
Companies (Amendment) Act, 2019, within a period of sixty days of such creation,
on payment of such additional fees as may be prescribed:
Provided further that if the registration is not made within the period specified—
(a) in clause (a) to the first proviso, the registration of the charge shall be
made within six months from the date of commencement of the Companies
(Amendment) Act, 2019, on payment of such additional fees as may be prescribed
and different fees may be prescribed for different classes of companies;
(b) in clause (b) to the first proviso, the Registrar may, on an application,
allow such registration to be made within a further period of sixty days after
payment of such ad valorem fees as may be prescribed.”.
Amendment 12. Section 86 of the principal Act shall be numbered as sub-section (1) thereof and
of section 86. after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:—
“(2) If any person wilfully furnishes any false or incorrect information or
knowingly suppresses any material information, required to be registered in accordance
with the provisions of section 77, he shall be liable for action under section 447.”.
Substitution of 13. For section 87 of the principal Act, the following section shall be substituted,
new section for namely:—
section 87.

Rectification “87. The Central Government on being satisfied that—

by Central
Government (a) the omission to give intimation to the Registrar of the payment or
in Register of satisfaction of a charge, within the time required under this Chapter; or
charges.
(b) the omission or misstatement of any particulars, in any filing previously
made to the Registrar with respect to any charge or modification thereof or with
respect to any memorandum of satisfaction or other entry made in pursuance of
section 82 or section 83,
was accidental or due to inadvertence or some other sufficient cause or it is not of a
nature to prejudice the position of creditors or shareholders of the company, it may, on
the application of the company or any person interested and on such terms and
conditions as it deems just and expedient, direct that the time for the giving of intimation
of payment or satisfaction shall be extended or, as the case may require, that the
omission or misstatement shall be rectified.”.
Amendment 14. In section 90 of the principal Act,—
of section 90.
(i) after sub-section (4), the following sub-section shall be inserted, namely:—
“(4A) Every company shall take necessary steps to identify an individual
who is a significant beneficial owner in relation to the company and require him
to comply with the provisions of this section.”;
(ii) for sub-section (9), the following sub-section shall be substituted, namely:—
“(9) The company or the person aggrieved by the order of the Tribunal
may make an application to the Tribunal for relaxation or lifting of the restrictions
placed under sub-section (8), within a period of one year from the date of such
order:
Provided that if no such application has been filed within a period of one
year from the date of the order under sub-section (8), such shares shall be
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

transferred, without any restrictions, to the authority constituted under

sub-section (5) of section 125, in such manner as may be prescribed.”;
(iii) after sub-section (9), as so substituted, the following sub-section shall be
inserted, namely:—
“(9A) The Central Government may make rules for the purposes of this
section.”;
(iv) in sub-section (11), after the word, brackets and figure “sub-section (4)”,
the words, brackets, figure and letter “or required to take necessary steps under
sub-section (4A)” shall be inserted.
15. In section 92 of the principal Act, for sub-section (5), the following sub-section Amendment
shall be substituted, namely:— of section 92.

“(5) If any company fails to file its annual return under sub-section (4), before
the expiry of the period specified therein, such company and its every officer who is in
default shall be liable to a penalty of fifty thousand rupees and in case of continuing
failure, with a further penalty of one hundred rupees for each day after the first during
which such failure continues, subject to a maximum of five lakh rupees.”.
16. In section 102 of the principal Act, for sub-section (5), the following sub-section Amendment
shall be substituted, namely:— of section
102.
“(5) Without prejudice to the provisions of sub-section (4), if any default is
made in complying with the provisions of this section, every promoter, director, manager
or other key managerial personnel of the company who is in default shall be liable to a
penalty of fifty thousand rupees or five times the amount of benefit accruing to the
promoter, director, manager or other key managerial personnel or any of his relatives,
whichever is higher.”.
17. In section 105 of the principal Act, in sub-section (3), for the words “punishable Amendment
with fine which may extend to five thousand rupees”, the words “liable to a penalty of five of section
105.
thousand rupees” shall be substituted.
18. In section 117 of the principal Act, for sub-section (2), the following sub-section Amendment
shall be substituted, namely:— of section
117.
“(2) If any company fails to file the resolution or the agreement under
sub-section (1) before the expiry of the period specified therein, such company shall
be liable to a penalty of one lakh rupees and in case of continuing failure, with a further
penalty of five hundred rupees for each day after the first during which such failure
continues, subject to a maximum of twenty-five lakh rupees and every officer of the
company who is in default including liquidator of the company, if any, shall be liable to
a penalty of fifty thousand rupees and in case of continuing failure, with a further
penalty of five hundred rupees for each day after the first during which such failure
continues, subject to a maximum of five lakh rupees.”.
19. In section 121 of the principal Act, for sub-section (3), the following sub-section Amendment
shall be substituted, namely:— of section
121.
“(3) If the company fails to file the report under sub-section (2) before the expiry
of the period specified therein, such company shall be liable to a penalty of one lakh
rupees and in case of continuing failure, with a further penalty of five hundred rupees
for each day after the first during which such failure continues, subject to a maximum
of five lakh rupees and every officer of the company who is in default shall be liable to
a penalty which shall not be less than twenty-five thousand rupees and in case of
continuing failure, with a further penalty of five hundred rupees for each day after the
first during which such failure continues, subject to a maximum of one lakh rupees.”.
 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 20. In section 132 of the principal Act,—

of section
132. (a) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) The National Financial Reporting Authority shall perform its functions
through such divisions as may be prescribed.”;
(b) after sub-section (3), the following sub-sections shall be inserted, namely:—
“(3A) Each division of the National Financial Reporting Authority shall be
presided over by the Chairperson or a full-time Member authorised by the
Chairperson.
(3B) There shall be an executive body of the National Financial Reporting
Authority consisting of the Chairperson and full-time Members of such
Authority for efficient discharge of its functions under sub-section (2) [other
than clause (a)] and sub-section (4).”;
(c) in sub-section (4), in clause (c), for sub-clause (B), the following sub-clause
shall be substituted, namely:—
“(B) debarring the member or the firm from—
I. being appointed as an auditor or internal auditor or undertaking
any audit in respect of financial statements or internal audit of the
functions and activities of any company or body corporate; or
II. performing any valuation as provided under section 247,
for a minimum period of six months or such higher period not exceeding ten
years as may be determined by the National Financial Reporting Authority.”.
Amendment 21. In section 135 of the principal Act,—
of section
135. (a) in sub-section (5), —
(i) after the words “three immediately preceding financial years,”, the
words “or where the company has not completed the period of three financial
years since its incorporation, during such immediately preceding financial years,”
shall be inserted;
(ii) in the second proviso, after the words “reasons for not spending the
amount” occurring at the end, the words, brackets, figure and letters “and,
unless the unspent amount relates to any ongoing project referred to in
sub-section (6), transfer such unspent amount to a Fund specified in Schedule
VII, within a period of six months of the expiry of the financial year” shall be
inserted;
(b) after sub-section (5), the following sub-sections shall be inserted, namely:—
“(6) Any amount remaining unspent under sub-section (5), pursuant to
any ongoing project, fulfilling such conditions as may be prescribed, undertaken
by a company in persuance of its Corporate Social Responsibility Policy, shall
be transferred by the company within a period of thirty days from the end of the
financial year to a special account to be opened by the company in that behalf
for that financial year in any scheduled bank to be called the Unspent Corporate
Social Responsibility Account, and such amount shall be spent by the company
in pursuance of its obligation towards the Corporate Social Responsibility Policy
within a period of three financial years from the date of such transfer, failing
which, the company shall transfer the same to a Fund specified in Schedule VII,
within a period of thirty days from the date of completion of the third financial year.
(7) If a company contravenes the provisions of sub-section (5) or
sub-section (6), the company shall be punishable with fine which shall not be
less than fifty thousand rupees but which may extend to twenty-five lakh rupees
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

and every officer of such company who is in default shall be punishable with
imprisonment for a term which may extend to three years or with fine which shall
not be less than fifty thousand rupees but which may extend to five lakh rupees,
or with both.
(8) The Central Government may give such general or special directions
to a company or class of companies as it considers necessary to ensure compliance
of provisions of this section and such company or class of companies shall
comply with such directions.”.
22. In section 137 of the principal Act, in sub-section (3),— Amendment
of section
(a) for the words “punishable with fine”, the words “liable to a penalty” shall be 137.
substituted;
(b) for the portion beginning with the words “punishable with imprisonment”,
and ending with the words “five lakh rupees or with both”, the words “shall be liable
to a penalty of one lakh rupees and in case of continuing failure, with a further penalty
of one hundred rupees for each day after the first during which such failure continues,
subject to a maximum of five lakh rupees” shall be substituted.
23. In section 140 of the principal Act, for sub-section (3), the following sub-section Amendment
shall be substituted, namely:— of section
140.
“(3) If the auditor does not comply with the provisions of sub-section (2), he or
it shall be liable to a penalty of fifty thousand rupees or an amount equal to the
remuneration of the auditor, whichever is less, and in case of continuing failure, with
a further penalty of five hundred rupees for each day after the first during which such
failure continues, subject to a maximum of five lakh rupees.”.
24. In section 157 of the principal Act, for sub-section (2), the following sub-section Amendment
shall be substituted, namely:— of section
157.
“(2) If any company fails to furnish the Director Identification Number under
sub-section (1), such company shall be liable to a penalty of twenty-five thousand
rupees and in case of continuing failure, with a further penalty of one hundred rupees
for each day after the first during which such failure continues, subject to a maximum
of one lakh rupees, and every officer of the company who is in default shall be liable to
a penalty of not less than twenty-five thousand rupees and in case of continuing
failure, with a further penalty of one hundred rupees for each day after the first during
which such failure continues, subject to a maximum of one lakh rupees.”.
25. For section 159 of the principal Act, the following section shall be substituted, Substitution of
namely:— new section for
section 159.
“159. If any individual or director of a company makes any default in complying Penalty for
with any of the provisions of section 152, section 155 and section 156, such individual default of
certain
or director of the company shall be liable to a penalty which may extend to fifty
provisions.
thousand rupees and where the default is a continuing one, with a further penalty
which may extend to five hundred rupees for each day after the first during which such
default continues.”.
26. In section 164 of the principal Act, in sub-section (1), after clause (h), the following Amendment
clause shall be inserted, namely:— of section
164.
“(i) he has not complied with the provisions of sub-section (1) of section 165.”.
27. In section 165 of the principal Act, in sub-section (6), for the portion beginning Amendment
with the words “punishable with fine” and ending with the words “contravention continues”, of section
the words “liable to a penalty of five thousand rupees for each day after the first during 165.
which such contravention continues” shall be substituted.
 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 28. In section 191 of the principal Act, for sub-section (5), the following sub-section
of section shall be substituted, namely:—
191.
“(5) If a director of the company makes any default in complying with the
provisions of this section, such director shall be liable to a penalty of one lakh rupees.”.
Amendment 29. In section 197 of the principal Act,—
of section
197. (a) sub-section (7) shall be omitted;
(b) for sub-section (15), the following sub-section shall be substituted, namely:—
“(15) If any person makes any default in complying with the provisions of
this section, he shall be liable to a penalty of one lakh rupees and where any
default has been made by a company, the company shall be liable to a penalty of
five lakh rupees.”.
Amendment 30. In section 203 of the principal Act, for sub-section (5), the following sub-section
of section shall be substituted, namely:—
203.
“(5) If any company makes any default in complying with the provisions of this
section, such company shall be liable to a penalty of five lakh rupees and every
director and key managerial personnel of the company who is in default shall be liable
to a penalty of fifty thousand rupees and where the default is a continuing one, with
a further penalty of one thousand rupees for each day after the first during which such
default continues but not exceeding five lakh rupees.”.
Amendment 31. In section 212 of the principal Act,—
of section
212. (a) in sub-section (8), for the words “If the Director, Additional Director or
Assistant Director”, the words “If any officer not below the rank of Assistant Director”
shall be substituted;
(b) in sub-section (9), for the portion beginning with the words “The Director”
and ending with the word, brackets and figure “sub-section (8)”, the words, brackets
and figure “The officer authorised under sub-section (8) shall, immediately after arrest
of such person under such sub-section” shall be substituted;
(c) in sub-section (10),—
(i) for the words “Judicial Magistrate”, the words “Special Court or Judicial
Magistrate” shall be substituted;
(ii) in the proviso, for the words “Magistrate’s court”, the words “Special
Court or Magistrate’s court” shall be substituted;
(d) after sub-section (14), the following sub-section shall be inserted, namely:—
“(14A) Where the report under sub-section (11) or sub-section (12) states
that fraud has taken place in a company and due to such fraud any director, key
managerial personnel, other officer of the company or any other person or entity,
has taken undue advantage or benefit, whether in the form of any asset, property
or cash or in any other manner, the Central Government may file an application
before the Tribunal for appropriate orders with regard to disgorgement of such
asset, property or cash and also for holding such director, key managerial
personnel, other officer or any other person liable personally without any limitation
of liability.”.
Amendment 32. In section 238 of the principal Act, in sub-section (3), for the words “punishable
of section with fine which shall not be less than twenty-five thousand rupees but which may extend to
238.
five lakh rupees”, the words “liable to a penalty of one lakh rupees” shall be substituted.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

33. In section 241 of the principal Act,— Amendment

of section
(a) in sub-section (2), the following proviso shall be inserted, namely:— 241.

“Provided that the applications under this sub-section, in respect of such

company or class of companies, as may be prescribed, shall be made before the
Principal Bench of the Tribunal which shall be dealt with by such Bench.”;
(b) after sub-section (2), the following sub-sections shall be inserted, namely:—

“(3) Where in the opinion of the Central Government there exist

circumstances suggesting that––
(a) any person concerned in the conduct and management of the
affairs of a company is or has been in connection therewith guilty of
fraud, misfeasance, persistent negligence or default in carrying out his
obligations and functions under the law or of breach of trust;
(b) the business of a company is not or has not been conducted and
managed by such person in accordance with sound business principles
or prudent commercial practices;

(c) a company is or has been conducted and managed by such

person in a manner which is likely to cause, or has caused, serious injury
or damage to the interest of the trade, industry or business to which such
company pertains; or
(d) the business of a company is or has been conducted and managed
by such person with intent to defraud its creditors, members or any other
person or otherwise for a fraudulent or unlawful purpose or in a manner
prejudicial to public interest,
the Central Government may initiate a case against such person and refer the
same to the Tribunal with a request that the Tribunal may inquire into the case
and record a decision as to whether or not such person is a fit and proper person
to hold the office of director or any other office connected with the conduct and
management of any company.

(4) The person against whom a case is referred to the Tribunal under
sub-section (3), shall be joined as a respondent to the application.
(5) Every application under sub-section (3)––
(a) shall contain a concise statement of such circumstances and
materials as the Central Government may consider necessary for the
purposes of the inquiry; and

(b) shall be signed and verified in the manner laid down in the Code
5 of 1908. of Civil Procedure, 1908, for the signature and verification of a plaint in a
suit by the Central Government.”.
34. In section 242 of the principal Act, after sub-section (4), the following sub-section Amendment
shall be inserted, namely:–– of section
242.
“(4A) At the conclusion of the hearing of the case in respect of sub-section (3)
of section 241, the Tribunal shall record its decision stating therein specifically as to
whether or not the respondent is a fit and proper person to hold the office of
director or any other office connected with the conduct and management of any
company.”.
 10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 35. In section 243 of the principal Act,––

of section
243. (a) after sub-section (1), the following sub-sections shall be inserted, namely:—
“(1A) The person who is not a fit and proper person pursuant to
sub-section (4A) of section 242 shall not hold the office of a director or any
other office connected with the conduct and management of the affairs of any
company for a period of five years from the date of the said decision:
Provided that the Central Government may, with the leave of the Tribunal,
permit such person to hold any such office before the expiry of the said period
of five years.
(1B) Notwithstanding anything contained in any other provision of this
Act, or any other law for the time being in force, or any contract, memorandum
or articles, on the removal of a person from the office of a director or any other
office connected with the conduct and management of the affairs of the company,
that person shall not be entitled to, or be paid, any compensation for the loss or
termination of office.”;
(b) in sub-section (2), after the word, brackets and figure “sub-section (1)”, the
words, brackets, figure and letter “or sub-section (1A)” shall be inserted.
Amendment 36. In section 248 of the principal Act, in sub-section (1),—
of section
248. (a) in clause (c), for the word and figures “section 455,”, the words and figures
“section 455; or” shall be substituted;
(b) after clause (c) and before the long line, the following clauses shall be inserted,
namely:—
“(d) the subscribers to the memorandum have not paid the subscription
which they had undertaken to pay at the time of incorporation of a company and
a declaration to this effect has not been filed within one hundred and eighty
days of its incorporation under sub-section (1) of section 10A; or
(e) the company is not carrying on any business or operations, as revealed
after the physical verification carried out under sub-section (9) of section 12.”.
Amendment 37. In section 272 of the principal Act, in sub-section (3), for the words, brackets and
of section letter “or clause (e) of that sub-section”, the words “of that section” shall be substituted.
272.
Amendment 38. In section 398 of the principal Act, in sub-section (1), in clause (f), the word
of section “prospectus,” shall be omitted.
398.
Amendment 39. In section 441 of the principal Act,—
of section
441. (a) in sub-section (1), in clause (b), for the words “does not exceed five lakh
rupees”, the words “does not exceed twenty-five lakh rupees” shall be substituted;
(b) for sub-section (6), the following sub-section shall be substituted, namely:—
“(6) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973, any offence which is punishable under this Act with 2 of 1974.
imprisonment only or with imprisonment and also with fine shall not be
compoundable.”.
Amendment 40. In section 446B of the principal Act, for the portion beginning with the words
of section “punishable with fine” and ending with the words “specified in such sections”, the words
446B.
“liable to a penalty which shall not be more than one-half of the penalty specified in such
sections” shall be substituted.
Amendment 41. In section 447 of the principal Act, in the second proviso, for the words “twenty
of section lakh rupees”, the words “fifty lakh rupees” shall be substituted.
447.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

42. In section 454 of the principal Act,— Amendment

of section
(i) for sub-section (3), the following sub-section shall be substituted, 454.
namely:—
“(3) The adjudicating officer may, by an order—
(a) impose the penalty on the company, the officer who is in default,
or any other person, as the case may be, stating therein any
non-compliance or default under the relevant provisions of this Act; and
(b) direct such company, or officer who is in default, or any other
person, as the case may be, to rectify the default, wherever he considers
fit.”;
(ii) in sub-section (4), for the words “such company and the officer who is in
default”, the words “such company, the officer who is in default or any other person”
shall be substituted;
(iii) in sub-section (8),—
(a) in clause (i), for the words “does not pay the penalty imposed by the
adjudicating officer or the Regional Director”, the words, brackets and figures
“fails to comply with the order made under sub-section (3) or sub-section (7), as
the case may be,” shall be substituted;
(b) in clause (ii)––
(i) for the words “Where an officer of a company”, the words “Where
an officer of a company or any other person” shall be substituted;
(ii) for the words “does not pay the penalty”, the words, brackets
and figures “fails to comply with the order made under sub-section (3) or
sub-section (7), as the case may be,” shall be substituted.
43. After section 454 of the principal Act, the following section shall be inserted, Insertion of
namely:— new section
454A.
“454A. Where a company or an officer of a company or any other person having Penalty for
already been subjected to penalty for default under any provisions of this Act, again repeated
default.
commits such default within a period of three years from the date of order imposing
such penalty passed by the adjudicating officer or the Regional Director, as the case
may be, it or he shall be liable for the second or subsequent defaults for an amount
equal to twice the amount of penalty provided for such default under the relevant
provisions of this Act.”.
Ord. 6 of 2019. 44. (1) The Companies (Amendment) Second Ordinance, 2019 is hereby repealed. Repeal and
savings.
(2) Notwithstanding such repeal, anything done or any action taken under the said
Ordinance shall be deemed to have been done or taken under this Act.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Digitally signed
BANSHI by BANSHI DHAR
DHAR DUBEY
Date: 2019.07.31
DUBEY
MGIPMRND—2274GI(S3)—31-07-2019. 23:05:35 +05'30'
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 2685] ubZ fnYyh] cq/okj] vxLr 14] 2019@Jko.k 23] 1941
No. 2685] NEW DELHI, WEDNESDAY, AUGUST 14, 2019/SHRAVANA 23, 1941

कारपोरेट काय
मं ालय
अिधसूचना

नई दली, 14 अगत, 2019

का.आ. 2947(अ
2947(अ). क ीय सरकार, कंपनी (संशोधन) अिधिनयम, 2019
— (2019 का 22) क धारा 1 क उपधारा (3) ारा
द शिय का योग करते "ए 15 अगत, 2019 को ऐसी तारीख के %प म िनयत करती है िजसको उ अिधिनयम क धारा 6, धारा
7 और धारा 8, धारा 14 का खंड (i), खंड (iii) और खंड (iv), धारा 20, धारा 31, धारा 33, धारा 34 और धारा 35 तथा धारा 37 और

धारा 38 के उपबंध वृ हगे।

[फा. सं. 1/5/2019-सीएल- ] I

के. वी. आर. मू/त0, संयु सिचव

MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 14th August, 2019
S.O. 2947(E).—In exercise of the powers conferred by sub-section (3) of section 1 of the Companies
(Amendment) Act, 2019 (22 of 2019), the Central Government hereby appoints the 15th day of August, 2019 as the date
on which the provisions of sections 6, 7 and 8, clauses (i), (iii) and clause (iv) of section 14, section 20, section 31,
sections 33, 34 and 35 and sections 37 and 38 of the said Act shall come into force.
[F. No. 1/5/2019-CL-I]
K.V.R. MURTY, Jt. Secy.

4201 GI/2019

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. Digitally signed by
ALOK ALOK KUMAR
Date: 2019.08.16
KUMAR 15:14:55 +05'30'
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 42] ubZ fnYyh] c`gLifrokj] vxLr 1] 2019@ Jko.k 10] 1941 ¼'kd½
No. 42] NEW DELHI, THURSDAY, AUGUST 1, 2019/SHRAVANA 10, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 1st August, 2019/Shravana 10, 1941 (Saka)

The following Act of Parliament received the assent of the President on the
1st August, 2019, and is hereby published for general information:—

THE FINANCE (NO. 2) ACT, 2019

NO. 23 OF 2019
[1st August, 2019.]
An Act to give effect to the financial proposals of the Central Government for the
financial year 2019-2020.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Finance (No. 2) Act, 2019. Short title and
commencement.
(2) Save as otherwise provided in this Act,—
(a) sections 2 to 69 shall be deemed to have come into force on the 1st day of
April, 2019;
(b) sections 92 to 112 and section 114 shall come into force on such date as the
Central Government may, by notification in the Official Gazette, appoint.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

CHAPTER II
RATES OF INCOME-TAX
Income-tax. 2. (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year
commencing on the 1st day of April, 2019, income-tax shall be charged at the rates specified
in Part I of the First Schedule and such tax shall be increased by a surcharge, for the purposes
of the Union, calculated in each case in the manner provided therein.
(2) In the cases to which Paragraph A of Part I of the First Schedule applies, where the
assessee has, in the previous year, any net agricultural income exceeding five thousand
rupees, in addition to total income, and the total income exceeds two lakh fifty thousand
rupees, then,—
(a) the net agricultural income shall be taken into account, in the manner provided
in clause (b) [that is to say, as if the net agricultural income were comprised in the total
income after the first two lakh fifty thousand rupees of the total income but without
being liable to tax], only for the purpose of charging income-tax in respect of the total
income; and
(b) the income-tax chargeable shall be calculated as follows:—
(i) the total income and the net agricultural income shall be aggregated
and the amount of income-tax shall be determined in respect of the aggregate
income at the rates specified in the said Paragraph A, as if such aggregate
income were the total income;
(ii) the net agricultural income shall be increased by a sum of two lakh fifty
thousand rupees, and the amount of income-tax shall be determined in respect of
the net agricultural income as so increased at the rates specified in the said
Paragraph A, as if the net agricultural income as so increased were the total
income;
(iii) the amount of income-tax determined in accordance with sub-clause (i)
shall be reduced by the amount of income-tax determined in accordance with
sub-clause (ii) and the sum so arrived at shall be the income-tax in respect of the
total income:
Provided that in the case of every individual, being a resident in India,
who is of the age of sixty years or more but less than eighty years at any time
during the previous year, referred to in item (II) of Paragraph A of Part I of the
First Schedule, the provisions of this sub-section shall have effect as if for the
words “two lakh fifty thousand rupees”, the words “three lakh rupees” had been
substituted:
Provided further that in the case of every individual, being a resident in
India, who is of the age of eighty years or more at any time during the previous
year, referred to in item (III) of Paragraph A of Part I of the First Schedule, the
provisions of this sub-section shall have effect as if for the words “two lakh fifty
thousand rupees”, the words “five lakh rupees” had been substituted.
(3) In cases to which the provisions of Chapter XII or Chapter XII-A or section 115JB
or section 115JC or Chapter XII-FA or Chapter XII-FB or sub-section (1A) of section 161 or
section 164 or section 164A or section 167B of the Income-tax Act, 1961 (hereinafter referred 43 of 1961.
to as the Income-tax Act) apply, the tax chargeable shall be determined as provided in that
Chapter or that section, and with reference to the rates imposed by sub-section (1) or the
rates as specified in that Chapter or section, as the case may be:
Provided that the amount of income-tax computed in accordance with the provisions of
section 111A or section 112 or section 112A of the Income-tax Act shall be increased by a
surcharge, for the purposes of the Union, as provided in Paragraph A, B, C, D or E, as the case
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

may be, of Part I of the First Schedule:

Provided further that in respect of any income chargeable to tax under section 115A,
115AB, 115AC, 115ACA, 115AD, 115B, 115BA, 115BB, 115BBA, 115BBC, 115BBD, 115BBDA,
115BBF, 115BBG, 115E, 115JB or 115JC of the Income-tax Act, the amount of income-tax
computed under this sub-section shall be increased by a surcharge, for the purposes of the
Union, calculated,—
(a) in the case of every individual or Hindu undivided family or association of
persons or body of individuals, whether incorporated or not, or every artificial juridical
person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax
Act,—
(i) having a total income exceeding fifty lakh rupees but not exceeding one
crore rupees, at the rate of ten per cent. of such income-tax; and
(ii) having a total income exceeding one crore rupees, at the rate of fifteen
per cent. of such income-tax;
(b) in the case of every co-operative society or firm or local authority, at the rate
of twelve per cent. of such income-tax, where the total income exceeds one crore
rupees;
(c) in the case of every domestic company,—
(i) at the rate of seven per cent. of such income-tax, where the total income
exceeds one crore rupees but does not exceed ten crore rupees;
(ii) at the rate of twelve per cent. of such income-tax, where the total
income exceeds ten crore rupees;
(d) in the case of every company, other than a domestic company,—
(i) at the rate of two per cent. of such income-tax, where the total income
exceeds one crore rupees but does not exceed ten crore rupees;
(ii) at the rate of five per cent. of such income-tax, where the total income
exceeds ten crore rupees:
Provided also that in the case of persons mentioned in (a) above, having
total income chargeable to tax under section 115JC of the Income-tax Act, and
such income exceeds,—
(i) fifty lakh rupees but does not exceed one crore rupees, the total
amount payable as income-tax and surcharge thereon shall not exceed the
total amount payable as income-tax on a total income of fifty lakh rupees by
more than the amount of income that exceeds fifty lakh rupees;
(ii) one crore rupees, the total amount payable as income-tax and
surcharge thereon shall not exceed the total amount payable as income-
tax and surcharge on a total income of one crore rupees by more than the
amount of income that exceeds one crore rupees:
Provided also that in the case of persons mentioned in (b) above,
having total income chargeable to tax under section 115JC of the Income-
tax Act, and such income exceeds one crore rupees, the total amount
payable as income-tax on such income and surcharge thereon shall not
exceed the total amount payable as income-tax on a total income of one
crore rupees by more than the amount of income that exceeds one crore
rupees:
Provided also that in the case of every company having total income
chargeable to tax under section 115JB of the Income-tax Act, and such
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

income exceeds one crore rupees but does not exceed ten crore rupees,
the total amount payable as income-tax on such income and surcharge
thereon, shall not exceed the total amount payable as income-tax on a total
income of one crore rupees by more than the amount of income that exceeds
one crore rupees:
Provided also that in the case of every company having total income
chargeable to tax under section 115JB of the Income-tax Act, and such
income exceeds ten crore rupees, the total amount payable as income-tax
on such income and surcharge thereon, shall not exceed the total amount
payable as income-tax and surcharge on a total income of ten crore rupees
by more than the amount of income that exceeds ten crore rupees:
Provided also that in respect of any income chargeable to tax
under clause (i) of sub-section (1) of section 115BBE of the Income-tax
Act, the amount of income-tax computed under this sub-section shall be
increased by a surcharge, for the purposes of the Union, calculated at the
rate of twenty-five per cent. of such income-tax.
(4) In cases in which tax has to be charged and paid under sub-section (2A) of
section 92CE or section 115-O or section 115QA or sub-section (2) of section 115R or
section 115TA or section 115TD of the Income-tax Act, the tax shall be charged and paid at
the rates as specified in those sections and shall be increased by a surcharge, for the
purposes of the Union, calculated at the rate of twelve per cent. of such tax.
(5) In cases in which tax has to be deducted under sections 193, 194, 194A, 194B,
194BB, 194D, 194LBA, 194LBB, 194LBC and 195 of the Income-tax Act, at the rates in force,
the deductions shall be made at the rates specified in Part II of the First Schedule and shall be
increased by a surcharge, for the purposes of the Union, calculated in cases wherever
prescribed, in the manner provided therein.
(6) In cases in which tax has to be deducted under sections 192A, 194C, 194DA, 194E,
194EE, 194F, 194G, 194H, 194-I, 194-IA, 194-IB, 194-IC, 194J, 194LA, 194LB, 194LBA, 194LBB,
194LBC, 194LC, 194LD, 194M, 194N, 196B, 196C and 196D of the Income-tax Act, the deductions
shall be made at the rates specified in those sections and shall be increased by a surcharge, for
the purposes of the Union,—
(a) in the case of every individual or Hindu undivided family or association of
persons or body of individuals, whether incorporated or not, or every artificial juridical
person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act,
being a non-resident, calculated,—
(i) at the rate of ten per cent. of such tax, where the income or the aggregate
of such incomes paid or likely to be paid and subject to the deduction exceeds
fifty lakh rupees but does not exceed one crore rupees;
(ii) at the rate of fifteen per cent. of such tax, where the income or the
aggregate of such incomes paid or likely to be paid and subject to the deduction
exceeds one crore rupees but does not exceed two crore rupees;
(iii) at the rate of twenty-five per cent. of such tax, where the income or the
aggregate of such incomes paid or likely to be paid and subject to the deduction
exceeds two crore rupees but does not exceed five crore rupees;
(iv) at the rate of thirty-seven per cent. of such tax, where the income or the
aggregate of such incomes paid or likely to be paid and subject to the deduction
exceeds five crore rupees;
(b) in the case of every co-operative society or firm, being a non-resident,
calculated at the rate of twelve per cent. of such tax, where the income or the aggregate
of such incomes paid or likely to be paid and subject to the deduction exceeds one
crore rupees;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

(c) in the case of every company, other than a domestic company, calculated,—
(i) at the rate of two per cent. of such tax, where the income or the aggregate
of such incomes paid or likely to be paid and subject to the deduction exceeds
one crore rupees but does not exceed ten crore rupees;
(ii) at the rate of five per cent. of such tax, where the income or the aggregate
of such incomes paid or likely to be paid and subject to the deduction exceeds
ten crore rupees.
(7) In cases in which tax has to be collected under the proviso to section 194B of the
Income-tax Act, the collection shall be made at the rates specified in Part II of the First
Schedule, and shall be increased by a surcharge, for the purposes of the Union, calculated,
in cases wherever prescribed, in the manner provided therein.
(8) In cases in which tax has to be collected under section 206C of the Income-tax Act,
the collection shall be made at the rates specified in that section and shall be increased by a
surcharge, for the purposes of the Union,—
(a) in the case of every individual or Hindu undivided family or association of
persons or body of individuals, whether incorporated or not, or every artificial juridical
person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act,
being a non-resident, calculated,—
(i) at the rate of ten per cent. of such tax, where the amount or the aggregate
of such amounts collected and subject to the collection exceeds fifty lakh rupees
but does not exceed one crore rupees;
(ii) at the rate of fifteen per cent. of such tax, where the amount or the
aggregate of such amounts collected and subject to the collection exceeds one
crore rupees but does not exceed two crore rupees;
(iii) at the rate of twenty-five per cent. of such tax, where the income or the
aggregate of such incomes paid or likely to be paid and subject to the collection
exceeds two crore rupees but does not exceed five crore rupees;
(iv) at the rate of thirty-seven per cent. of such tax, where the income or the
aggregate of such incomes paid or likely to be paid and subject to the deduction
exceeds five crore rupees;
(b) in the case of every co-operative society or firm, being a non-resident,
calculated at the rate of twelve per cent. of such tax, where the amount or the aggregate
of such amounts collected and subject to the collection exceeds one crore rupees;
(c) in the case of every company, other than a domestic company, calculated,—
(i) at the rate of two per cent. of such tax, where the amount or the aggregate
of such amounts collected and subject to the collection exceeds one crore rupees
but does not exceed ten crore rupees;
(ii) at the rate of five per cent. of such tax, where the amount or the
aggregate of such amounts collected and subject to the collection exceeds ten
crore rupees.
(9) Subject to the provisions of sub-section (10), in cases in which income-tax has to
be charged under sub-section (4) of section 172 or sub-section (2) of section 174 or section
174A or section 175 or sub-section (2) of section 176 of the Income-tax Act or deducted from,
or paid on, income chargeable under the head “Salaries” under section 192 of the said Act or
in which the “advance tax” payable under Chapter XVII-C of the said Act has to be computed
at the rate or rates in force, such income-tax or, as the case may be, “advance tax” shall be
charged, deducted or computed at the rate or rates specified in Part III of the First Schedule
and such tax shall be increased by a surcharge, for the purposes of the Union, calculated in
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

such cases and in such manner as provided therein:

Provided that in cases to which the provisions of Chapter XII or Chapter XII-A or
section 115JB or section 115JC or Chapter XII-FA or Chapter XII-FB or sub-section (1A) of
section 161 or section 164 or section 164A or section 167B of the Income-tax Act apply,
“advance tax” shall be computed with reference to the rates imposed by this sub-section or
the rates as specified in that Chapter or section, as the case may be:
Provided further that the amount of “advance tax” computed in accordance with the
provisions of section 111A or section 112 or section 112A of the Income-tax Act shall be
increased by a surcharge, for the purposes of the Union, as provided in Paragraph A, B, C, D
or E, as the case may be, of Part III of the First Schedule:
Provided also that in respect of any income chargeable to tax under section 115A,
115AB, 115AC, 115ACA, 115AD, 115B, 115BA, 115BB, 115BBA, 115BBC, 115BBD, 115BBDA,
115BBF, 115BBG, 115E, 115JB or 115JC of the Income-tax Act, “advance tax” computed under
the first proviso shall be increased by a surcharge, for the purposes of the Union,
calculated,—
(a) in the case of every individual or Hindu undivided family or association of
persons or body of individuals, whether incorporated or not, or every artificial juridical
person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax
Act,—
(i) at the rate of ten per cent. of such “advance tax”, where the total income
exceeds fifty lakh rupees but does not exceed one crore rupees;
(ii) at the rate of fifteen per cent. of such “advance tax”, where the total
income exceeds one crore rupees but does not exceed two crore rupees;
(iii) at the rate of twenty-five per cent. of such “advance tax”, where the
total income exceeds two crore rupees but does not exceed five crore rupees;
(iv) at the rate of thirty-seven per cent. of such “advance tax”, where the
total income exceeds five crore rupees;
(b) in the case of every co-operative society or firm or local authority at the rate
of twelve per cent. of such “advance tax”, where the total income exceeds one crore
rupees;
(c) in the case of every domestic company,—
(i) at the rate of seven per cent. of such “advance tax”, where the total
income exceeds one crore rupees but does not exceed ten crore rupees;
(ii) at the rate of twelve per cent. of such “advance tax”, where the total
income exceeds ten crore rupees;
(d) in the case of every company, other than a domestic company,—
(i) at the rate of two per cent. of such “advance tax”, where the total
income exceeds one crore rupees but does not exceed ten crore rupees;
(ii) at the rate of five per cent. of such “advance tax”, where the total
income exceeds ten crore rupees:
Provided also that in the case of persons mentioned in (a) above, having
total income chargeable to tax under section 115JC of the Income-tax Act, and
such income exceeds,—
(a) fifty lakh rupees but does not exceed one crore rupees, the total
amount payable as “advance tax” on such income and surcharge thereon
shall not exceed the total amount payable as “advance tax” on a total
income of fifty lakh rupees by more than the amount of income that exceeds
fifty lakh rupees;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

(b) one crore rupees but does not exceed two crore rupees, the total
amount payable as “advance tax” on such income and surcharge thereon
shall not exceed the total amount payable as “advance tax” on a total
income of one crore rupees by more than the amount of income that exceeds
one crore rupees;
(c) two crore rupees but does not exceed five crore rupees, the total
amount payable as “advance tax” on such income and surcharge thereon
shall not exceed the total amount payable as “advance tax” on a total
income of two crore rupees by more than the amount of income that exceeds
two crore rupees;
(d) five crore rupees, the total amount payable as “advance tax” on
such income and surcharge thereon shall not exceed the total amount
payable as “advance tax” on a total income of five crore rupees by more
than the amount of income that exceeds five crore rupees:
Provided also that in the case of persons mentioned in (b) above, having total income
chargeable to tax under section 115JC of the Income-tax Act, and such income exceeds one
crore rupees, the total amount payable as “advance tax” on such income and surcharge
thereon shall not exceed the total amount payable as “advance tax” on a total income of one
crore rupees by more than the amount of income that exceeds one crore rupees:
Provided also that in the case of every company having total income chargeable to tax
under section 115JB of the Income-tax Act, and such income exceeds one crore rupees but
does not exceed ten crore rupees, the total amount payable as “advance tax” on such income
and surcharge thereon, shall not exceed the total amount payable as “advance tax” on a total
income of one crore rupees by more than the amount of income that exceeds one crore
rupees:
Provided also that in the case of every company having total income chargeable to tax
under section 115JB of the Income-tax Act, and such income exceeds ten crore rupees, the
total amount payable as “advance tax” on such income and surcharge thereon, shall not
exceed the total amount payable as “advance tax” and surcharge on a total income of ten
crore rupees by more than the amount of income that exceeds ten crore rupees:
Provided also that in respect of any income chargeable to tax under clause (i) of
sub-section (1) of section 115BBE of the Income-tax Act, the “advance tax” computed under
the first proviso shall be increased by a surcharge, for the purposes of the Union, calculated
at the rate of twenty-five per cent. of such “advance tax”.
(10) In cases to which Paragraph A of Part III of the First Schedule applies, where the
assessee has, in the previous year or, if by virtue of any provision of the Income-tax Act,
income-tax is to be charged in respect of the income of a period other than the previous year,
in such other period, any net agricultural income exceeding five thousand rupees, in addition
to total income and the total income exceeds two lakh fifty thousand rupees, then, in charging
income-tax under sub-section (2) of section 174 or section 174A or section 175 or
sub-section (2) of section 176 of the said Act or in computing the “advance tax” payable
under Chapter XVII-C of the said Act, at the rate or rates in force,—
(a) the net agricultural income shall be taken into account, in the manner provided
in clause (b) [that is to say, as if the net agricultural income were comprised in the total
income after the first two lakh fifty thousand rupees of the total income but without being
liable to tax], only for the purpose of charging or computing such income-tax or, as the
case may be, “advance tax” in respect of the total income; and
(b) such income-tax or, as the case may be, “advance tax” shall be so charged or
computed as follows:—
(i) the total income and the net agricultural income shall be aggregated
and the amount of income-tax or “advance tax” shall be determined in respect of
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

the aggregate income at the rates specified in the said Paragraph A, as if such
aggregate income were the total income;
(ii) the net agricultural income shall be increased by a sum of two lakh fifty
thousand rupees, and the amount of income-tax or “advance tax” shall be
determined in respect of the net agricultural income as so increased at the rates
specified in the said Paragraph A, as if the net agricultural income were the total
income;
(iii) the amount of income-tax or “advance tax” determined in accordance
with sub-clause (i) shall be reduced by the amount of income-tax or, as the case
may be, “advance tax” determined in accordance with sub-clause (ii) and the
sum so arrived at shall be the income-tax or, as the case may be, “advance tax” in
respect of the total income:
Provided that in the case of every individual, being a resident in India, who is of the
age of sixty years or more but less than eighty years at any time during the previous year,
referred to in item (II) of Paragraph A of Part III of the First Schedule, the provisions of this
sub-section shall have effect as if for the words “two lakh fifty thousand rupees”, the words
“three lakh rupees” had been substituted:
Provided further that in the case of every individual, being a resident in India, who is
of the age of eighty years or more at any time during the previous year, referred to in item (III)
of Paragraph A of Part III of the First Schedule, the provisions of this sub-section shall have
effect as if for the words “two lakh fifty thousand rupees”, the words “five lakh rupees” had
been substituted:
Provided also that the amount of income-tax or “advance tax” so arrived at, shall be
increased by a surcharge for the purposes of the Union, calculated in each case, in the
manner provided therein.
(11) The amount of income-tax as specified in sub-sections (1) to (3) and as increased
by the applicable surcharge, for the purposes of the Union, calculated in the manner
provided therein, shall be further increased by an additional surcharge, for the purposes of
the Union, to be called the “Health and Education Cess on income-tax”, calculated at the
rate of four per cent. of such income-tax and surcharge so as to fulfil the commitment of the
Government to provide and finance quality health services and universalised quality basic
education and secondary and higher education.
(12) The amount of income-tax as specified in sub-sections (4) to (10) and as increased
by the applicable surcharge, for the purposes of the Union, calculated in the manner provided
therein, shall be further increased by an additional surcharge, for the purposes of the Union,
to be called the “Health and Education Cess on income-tax”, calculated at the rate of four per
cent. of such income-tax and surcharge so as to fulfil the commitment of the Government to
provide and finance quality health services and universalised quality basic education and
secondary and higher education:
Provided that nothing contained in this sub-section shall apply to cases in which tax
is to be deducted or collected under the sections of the Income-tax Act mentioned in
sub-sections (5), (6), (7) and (8), if the income subjected to deduction of tax at source or
collection of tax at source is paid to a domestic company and any other person who is
resident in India.
(13) For the purposes of this section and the First Schedule,—
(a) “domestic company” means an Indian company or any other company which,
in respect of its income liable to income-tax under the Income-tax Act, for the assessment
year commencing on the 1st day of April, 2019, has made the prescribed arrangements
for the declaration and payment within India of the dividends (including dividends on
preference shares) payable out of such income;
(b) “insurance commission” means any remuneration or reward, whether by way
of commission or otherwise, for soliciting or procuring insurance business (including
business relating to the continuance, renewal or revival of policies of insurance);
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

(c) “net agricultural income” in relation to a person, means the total amount of
agricultural income, from whatever source derived, of that person computed in
accordance with the rules contained in Part IV of the First Schedule;
(d) all other words and expressions used in this section and the First Schedule
but not defined in this sub-section and defined in the Income-tax Act shall have the
meanings, respectively, assigned to them in that Act.
CHAPTER III
DIRECT TAXES
Income-tax
3. In section 2 of the Income-tax Act, in clause (19AA), in sub-clause (iii), the following Amendment
proviso shall be inserted with effect from the 1st day of April, 2020, namely:— of section 2.

“Provided that the provisions of this sub-clause shall not apply where the
resulting company records the value of the property and the liabilities of the undertaking
or undertakings at a value different from the value appearing in the books of account
of the demerged company, immediately before the demerger, in compliance to the
Indian Accounting Standards specified in Annexure to the Companies (Indian
Accounting Standards) Rules, 2015;”.
4. In section 9 of the Income-tax Act, in sub-section (1), after clause (vii), the following Amendment
clause shall be inserted with effect from the 1st day of April, 2020, namely:–– of section 9.

“(viii) income arising outside India, being any sum of money referred to in
sub-clause (xviia) of clause (24) of section 2, paid on or after the 5th day of July, 2019
by a person resident in India to a non-resident, not being a company, or to a foreign
company.”.
5. In section 9A of the Income-tax Act, in sub-section (3),–– Amendment
of section 9A.
(i) in clause (j), in the first proviso, for the words “at the end of such previous
year”, the words “at the end of a period of six months from the last day of the month of
its establishment or incorporation, or at the end of such previous year, whichever is
later” shall be substituted;
(ii) in clause (m), for the words “the arm’s length price of the said activity”, the
words “the amount calculated in such manner as may be prescribed” shall be substituted.
6. In section 10 of the Income-tax Act,–– Amendment
of section 10.
(I) after clause (4B), the following clause shall be inserted, namely:––
“(4C) any income by way of interest payable to a non-resident, not being
a company, or to a foreign company, by any Indian company or business trust in
respect of monies borrowed from a source outside India by way of issue of rupee
denominated bond, as referred to in clause (ia) of sub-section (2) of
section 194LC, during the period beginning from the 17th day of September, 2018
and ending on the 31st day of March, 2019;”;
(II) after clause (4C) as so inserted, the following shall be inserted with effect
from 1st day of April, 2020, namely:—
‘(4D) any income accrued or arisen to, or received by a specified fund as
a result of transfer of capital asset referred to in clause (viiab) or section 47, on
a recognised stock exchange located in any International Financial Services
Centre and where the consideration for such transaction is paid or payable in
convertible foreign exchange, to the extent such income accrued or arisen to, or
is received in respect of units held by a non-resident.
Explanation.—For the purposes of this clause, the expression—
(a) "convertible foreign exchange" means foreign exchange which is for
the time being treated by the Reserve Bank of India as convertible foreign
42 of 1999. exchange for the purposes of the Foreign Exchange Management Act, 1999 and
the rules made thereunder;
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) "manager" shall have the meaning assigned to it in clause (q) of sub-
regulation (1) of regulation 2 of the Securities and Exchange Board of India
(Alternative Investment Fund) Regulations, 2012, made under the Securities and
Exchange Board of India Act, 1992; 15 of 1992.

(c) "specified fund" means a fund established or incorporated in India in

the form of a trust or a company or a limited liability partnership or a body
corporate,—
(i) which has been granted a certificate of registration as a Category
III Alternative Investment Fund and is regulated under the Securities and
Exchange Board of India (Alternative Investment Fund) Regulations, 2012,
made under the Securities and Exchange Board of India Act, 1992; 15 of 1992.

(ii) which is located in any International Financial Services Centre;

(iii) of which all the units are held by non-residents other than unit
held by a sponsor or manager;
(d) "sponsor" shall have the meaning assigned to it in clause (w) of sub-
regulation (1) of regulation 2 of the Securities and Exchange Board of India
(Alternative Investment Fund) Regulations, 2012, made under the Securities and
Exchange Board of India Act, 1992; 15 of 1992.

(e) "trust" means a trust established under the Indian Trusts Act, 1882 or 2 of 1882.
under any other law for the time being in force;
(f) "unit" means beneficial interest of an investor in the fund and shall
include shares or partnership interest;
(III) with effect from the 1st day of April, 2020,––
(a) in clause (12A), for the words “forty per cent.”, the words “sixty
per cent.” shall be substituted;
(b) in clause (15), after sub-clause (viii), the following sub-clause shall be
inserted, namely:—
‘(ix) any income by way of interest payable to a non-resident by a
unit located in an International Financial Services Centre in respect of
monies borrowed by it on or after the 1st day of September, 2019.
Explanation.—For the purposes of this sub-clause,—
(a) “International Financial Services Centre” shall have the meaning
assigned to it in clause (q) of section 2 of the Special Economic Zones Act, 2005; 28 of 2005.

(b) “unit” shall have the meaning assigned to it in clause (zc) of section 2 of
the Special Economic Zones Act, 2005;’; 28 of 2005.

(IV) in clause (23C), with effect from the 1st day of September, 2019,—
(a) in the second proviso, for the words "and the prescribed authority",
the words “and the compliance of such requirements under any other law for the
time being in force by such fund or trust or institution or any university or other
educational institution or any hospital or other medical institutions, as the case
may be, as are material for the purpose of achieving its objects and the prescribed
authority,” shall be substituted;
(b) in the fifteenth proviso, for the portion beginning with "(ii) the activities
of such fund" and ending with "was notified or approved,", the following shall
be substituted, namely:—
"(ii) the activities of such fund or institution or trust or any university
or other educational institution or any hospital or other medical institution—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

(A) are not genuine; or

(B) are not being carried out in accordance with all or any of
the conditions subject to which it was notified or approved; or
(iii) such fund or institution or trust or any university or other
educational institution or any hospital or other medical institution has not
complied with the requirement of any other law for the time being in force,
and the order, direction or decree, by whatever name called, holding that
such non-compliance has occurred, has either not been disputed or has
attained finality,’;
(V) in clause (34A), the brackets and words “(not being listed on a recognised
stock exchange)” shall be omitted with effect from the 5th day of July, 2019.
7. In section 12AA of the Income-tax Act, with effect from the 1st day of Amendment
September, 2019,–– of section
12AA.
(I) in sub-section (1),––
(i) for clause (a), the following clause shall be substituted, namely:––
“(a) call for such documents or information from the trust or
institution as he thinks necessary in order to satisfy himself about,––
(i) the genuineness of activities of the trust or institution; and
(ii) the compliance of such requirements of any other law for
the time being in force by the trust or institution as are material for
the purpose of achieving its objects,
and may also make such inquiries as he may deem necessary in this behalf;
and”;
(ii) in clause (b), after the words “genuineness of its activities”, the words,
brackets, figures and letter “as required under sub-clause (i) of clause (a) and
compliance of the requirements under sub-clause (ii) of the said clause” shall be
inserted;
(II) in sub-section (4), for the portion beginning with the words “the activities of
the trust or the institution” and ending with the words “cancel the registration of such
trust or institution”, the following shall be substituted, namely:––
“(a) the activities of the trust or the institution are being carried out in a
manner that the provisions of sections 11 and 12 do not apply to exclude either
whole or any part of the income of such trust or institution due to operation of
sub-section (1) of section 13; or
(b) the trust or institution has not complied with the requirement of any
other law, as referred to in sub-clause (ii) of clause (a) of sub-section (1), and the
order, direction or decree, by whatever name called, holding that such
non-compliance has occurred, has either not been disputed or has attained
finality,
then, the Principal Commissioner or the Commissioner may, by an order in writing,
cancel the registration of such trust or institution”.
8. In section 13A of the Income-tax Act, in the first proviso, in clause (d), for the words Amendment
“bank account”, the words “bank account or through such other electronic mode as may be of section
13A.
prescribed” shall be substituted with effect from the 1st day of April, 2020.
9. In section 35AD of the Income-tax Act, in sub-section (8), in clause (f), for the words Amendment
“bank account”, the words “bank account or through such other electronic mode as may be of section
35AD.
prescribed” shall be substituted with effect from the 1st day of April, 2020.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 10. In section 40 of the Income-tax Act, in clause (a), with effect from the 1st day of
of section 40. April, 2020,––
(a) in sub-clause (i), after the proviso, the following proviso shall be inserted,
namely:––
“Provided further that where an assessee fails to deduct the whole or any
part of the tax in accordance with the provisions of Chapter XVII-B on any such
sum but is not deemed to be an assessee in default under the first proviso to
sub-section (1) of section 201, then, for the purposes of this sub-clause, it shall
be deemed that the assessee has deducted and paid the tax on such sum on the
date of furnishing of return of income by the payee referred to in the said proviso;”;
(b) in sub-clause (ia), in the second proviso, the word “resident” shall be omitted.
Amendment 11. In section 40A of the Income-tax Act, with effect from the 1st day of April, 2020,––
of section
40A. (i) for the words “bank account” wherever they occur, the words “bank account
or through such other electronic mode as may be prescribed” shall be substituted;
(ii) in sub-section (4), after the words “such cheque or draft or electronic clearing
system”, the words “or such other electronic mode as may be prescribed” shall be
inserted.
Amendment 12. In section 43 of the Income-tax Act, in clause (1), in the second proviso, for the
of section 43. words “bank account”, the words “bank account or through such other electronic mode as
may be prescribed” shall be substituted with effect from the 1st day of April, 2020.
Amendment 13. In section 43B of the Income-tax Act, with effect from the 1st day of April, 2020,––
of section
43B. (i) after clause (d), the following clause shall be inserted, namely:––
“(da) any sum payable by the assessee as interest on any loan or borrowing
from a deposit taking non-banking financial company or systemically important
non-deposit taking non-banking financial company, in accordance with the terms
and conditions of the agreement governing such loan or borrowing, or”;
(ii) after Explanation 3A, the following Explanation shall be inserted, namely:–
“Explanation 3AA.—For the removal of doubts, it is hereby declared that
where a deduction in respect of any sum referred to in clause (da) is allowed in
computing the income referred to in section 28, of the previous year (being a
previous year relevant to the assessment year commencing on the 1st day of
April, 2019, or any earlier assessment year) in which the liability to pay such sum
was incurred by the assessee, the assessee shall not be entitled to any deduction
under this section in respect of such sum in computing the income of the previous
year in which the sum is actually paid by him.”;
(iii) after Explanation 3C, the following Explanation shall be inserted, namely:—
“Explanation 3CA.—For the removal of doubts, it is hereby declared that
a deduction of any sum, being interest payable under clause (da), shall be
allowed if such interest has been actually paid and any interest referred to in that
clause which has been converted into a loan or borrowing shall not be deemed
to have been actually paid.”;
(iv) in Explanation 4, after clause (d), the following clauses shall be inserted,
namely:––
‘(e) “deposit taking non-banking financial company” means a non-banking
financial company which is accepting or holding public deposits and is registered
with the Reserve Bank of India under the provisions of the Reserve Bank of
India Act, 1934; 2 of 1934.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

(f) “non-banking financial company” shall have the meaning assigned to it

2 of 1934. in clause (f) of section 45-I of the Reserve Bank of India Act, 1934;
(g) “systemically important non-deposit taking non-banking financial
company” means a non-banking financial company which is not accepting or
holding public deposits and having total assets of not less than five hundred
crore rupees as per the last audited balance sheet and is registered with the
Reserve Bank of India under the provisions of the Reserve Bank of India
2 of 1934. Act, 1934.’.
14. In section 43CA of the Income-tax Act, in sub-section (4), for the words “bank Amendment
account”, the words “bank account or through such other electronic mode as may be of section
43CA.
prescribed” shall be substituted with effect from the 1st day of April, 2020.
15. In section 43D of the Income-tax Act, with effect from the 1st day of April, 2020,–– Amendment
of section
(i) in clause (a), after the words “State industrial investment corporation”, the 43D.
words “or a deposit taking non-banking financial company or a systemically important
non-deposit taking non-banking financial company” shall be inserted;
(ii) in the long line, after the words “State industrial investment corporation or”,
the words “a deposit taking non-banking financial company or a systemically important
non-deposit taking non-banking financial company or” shall be inserted;
(iii) in the Explanation, after clause (g), the following clause shall be inserted,
namely:––
‘(h) the expressions “deposit taking non-banking financial company”,
“non-banking financial company” and “systemically important non-deposit
taking non-banking financial company” shall have the meanings respectively
assigned to them in clauses (e), (f) and (g) of Explanation 4 to section 43B.’.
16. In section 44AD of the Income-tax Act, in sub-section (1), in the proviso, for the Amendment
words “bank account”, the words “bank account or through such other electronic mode as of section
44AD.
may be prescribed” shall be substituted with effect from the 1st day of April, 2020.
17. In section 47 of the Income-tax Act, in clause (viiab), with effect from the 1st Amendment
day of April, 2020,–– of section 47.

(A) for sub-clause (c), the following sub-clauses shall be substituted, namely:—
“(c) derivative; or
(d) such other securities as may be notified by the Central Government in
this behalf,”;
(B) in the Explanation, after clause (c), the following clause shall be inserted,
namely:—
‘(d) “securities” shall have the meaning assigned to it in clause (h) of
42 of 1956. section 2 of the Securities Contracts (Regulation) Act, 1956;’.
18. In section 50C of the Income-tax Act, in sub-section (1), in the second proviso, for Amendment
the words “bank account”, the words “bank account or through such other electronic mode of section
50C.
as may be prescribed” shall be substituted with effect from the 1st day of April, 2020.
19. In section 50CA of the Income-tax Act, before the Explanation, the following Amendment
proviso shall be inserted with effect from the 1st day of April, 2020, namely:— of section
50CA.
“Provided that the provisions of this section shall not apply to any consideration
received or accruing as a result of transfer by such class of persons and subject to
such conditions as may be prescribed.”.
14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 20. In section 54GB of the Income-tax Act, with effect from the 1st day of April, 2020,—
of section
54GB. (i) in sub-section (4), the following proviso shall be inserted, namely:—
‘Provided that in case of a new asset, being computer or computer software,
acquired by an eligible start-up referred to in the proviso to clause (d) of
sub-section (6), the provisions of this sub-section shall have effect as if for the
words “five years”, the words “three years” had been substituted.’;
(ii) in sub-section (5), in the proviso, for the figures “2019”, the figures “2021”
shall be substituted;
(iii) in sub-section (6), in clause (b), in sub-clause (iii), for the word “fifty” at
both the places where it occurs, the word “twenty-five” shall be substituted.
Amendment 21. In section 56 of the Income-tax Act, in sub-section (2),––
of section 56.
(i) in clause (viib), with effect from the 1st day of April, 2020,—
(a) in the proviso, in clause (i), for the words “venture capital fund”, the
words “venture capital fund or a specified fund” shall be substituted;
(b) after the proviso, the following proviso shall be inserted, namely:—
“Provided further that where the provisions of this clause have not
been applied to a company on account of fulfilment of conditions specified
in the notification issued under clause (ii) of the first proviso and such
company fails to comply with any of those conditions, then, any
consideration received for issue of share that exceeds the fair market value
of such share shall be deemed to be the income of that company chargeable
to income-tax for the previous year in which such failure has taken place
and, it shall also be deemed that the company has under reported the
income in consequence of the misreporting referred to in sub-section (8)
and sub-section (9) of section 270A for the said previous year.”;
(c) in the Explanation, after clause (a), the following clauses shall be
inserted, namely:—
‘(aa) “specified fund” means a fund established or incorporated in
India in the form of a trust or a company or a limited liability partnership or
a body corporate which has been granted a certificate of registration as a
Category I or a Category II Alternative Investment Fund and is regulated
under the Securities and Exchange Board of India (Alternative Investment
Fund) Regulations, 2012 made under the Securities and Exchange Board
of India Act, 1992; 15 of 1992.

(ab) “trust” means a trust established under the Indian Trusts

Act, 1882 or under any other law for the time being in force;’; 2 of 1882.

(ii) in clause (viii), for the words, brackets, letters and figures “clause (b) of
section 145A”, the words, brackets, figures and letter “sub-section (1) of section
145B” shall be substituted and shall be deemed to have been substituted with effect
from the 1st day of April, 2017;
(iii) in clause (x),––
(A) in sub-clause (b), in the second proviso, for the words “bank account”,
the words “bank account or through such other electronic mode as may be
prescribed” shall be substituted with effect from the 1st day of April, 2020;
(B) in the proviso, after clause (X), the following clause shall be inserted
with effect from the 1st day of April, 2020, namely:—
“(XI) from such class of persons and subject to such conditions, as
may be prescribed.”.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

22. For section 79 of the Income-tax Act, the following section shall be substituted Substitution of
with effect from the 1st day of April, 2020, namely:–– section 79.

‘79. (1) Notwithstanding anything contained in this Chapter, where a change in Carry forward
shareholding has taken place during the previous year in the case of a company, not and set off of
losses in case
being a company in which the public are substantially interested, no loss incurred in of certain
any year prior to the previous year shall be carried forward and set off against the companies.
income of the previous year, unless on the last day of the previous year, the shares of
the company carrying not less than fifty-one per cent. of the voting power were
beneficially held by persons who beneficially held shares of the company carrying not
less than fifty-one per cent. of the voting power on the last day of the year or years in
which the loss was incurred:
Provided that even if the said condition is not satisfied in case of an eligible start
up as referred to in section 80-IAC, the loss incurred in any year prior to the previous
year shall be allowed to be carried forward and set off against the income of the
previous year if all the shareholders of such company who held shares carrying voting
power on the last day of the year or years in which the loss was incurred, continue to
hold those shares on the last day of such previous year and such loss has been
incurred during the period of seven years beginning from the year in which such
company is incorporated.
(2) Nothing contained in sub-section (1) shall apply,––
(a) to a case where a change in the said voting power and shareholding
takes place in a previous year consequent upon the death of a shareholder or on
account of transfer of shares by way of gift to any relative of the shareholder
making such gift;
(b) to any change in the shareholding of an Indian company which is a
subsidiary of a foreign company as a result of amalgamation or demerger of a
foreign company subject to the condition that fifty-one per cent. shareholders
of amalgamating or demerged foreign company continue to be the shareholders
of the amalgamated or the resulting foreign company;
(c) to a company where a change in the shareholding takes place in a
previous year pursuant to a resolution plan approved under the Insolvency and
31 of 2016. Bankruptcy Code, 2016, after affording a reasonable opportunity of being heard
to the jurisdictional Principal Commissioner or Commissioner;
(d) to a company, and its subsidiary and the subsidiary of such subsidiary,
where,––
(i) the Tribunal, on an application moved by the Central Government
18 of 2013. under section 241 of the Companies Act, 2013, has suspended the Board of
Directors of such company and has appointed new directors nominated by
the Central Government, under section 242 of the said Act; and
(ii) a change in shareholding of such company, and its subsidiary
and the subsidiary of such subsidiary, has taken place in a previous year
pursuant to a resolution plan approved by the Tribunal under section 242
18 of 2013. of the Companies Act, 2013 after affording a reasonable opportunity of
being heard to the jurisdictional Principal Commissioner or Commissioner.
Explanation.––For the purposes of this section,––
(i) a company shall be a subsidiary of another company, if
such other company holds more than half in nominal value of the
equity share capital of the company;
(ii) “Tribunal” shall have the meaning assigned to it in
18 of 2013. clause (90) of section 2 of the Companies Act, 2013.’.
16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 23. In section 80C of the Income-tax Act, in sub-section (2), after clause (xxiv), the
of section following clause shall be inserted with effect from the 1st day of April, 2020, namely:—
80C.
‘(xxv) being an employee of the Central Government, as a contribution to a
specified account of the pension scheme referred to in section 80CCD––
(a) for a fixed period of not less than three years; and
(b) which is in accordance with the scheme as may be notified by the
Central Government in the Official Gazette for the purposes of this clause.
Explanation.—For the purposes of this clause, “specified account” means
an additional account referred to in sub-section (3) of section 20 of the Pension
Fund Regulatory and Development Authority Act, 2013.’. 23 of 2013.

Amendment 24. In section 80CCD of the Income-tax Act, in sub-section (2), for the words “does not
of section exceed ten per cent. of his salary in the previous year”, the words, brackets and letters “does
80CCD.
not exceed––
(a) fourteen per cent., where such contribution is made by the Central
Government;
(b) ten per cent., where such contribution is made by any other employer,
of his salary in the previous year” shall be substituted with effect from the 1st day of
April, 2020.
Insertion of new 25. After section 80EE of the Income-tax Act, the following sections shall be inserted
sections 80EEA with effect from the 1st day of April, 2020, namely:––
and 80EEB.

Deduction in ‘80EEA. (1) In computing the total income of an assessee, being an individual
respect of not eligible to claim deduction under section 80EE, there shall be deducted, in
interest on
loan taken for
accordance with and subject to the provisions of this section, interest payable on loan
certain house taken by him from any financial institution for the purpose of acquisition of a residential
property. house property.
(2) The deduction under sub-section (1) shall not exceed one lakh and fifty
thousand rupees and shall be allowed in computing the total income of the individual
for the assessment year beginning on the 1st day of April, 2020 and subsequent
assessment years.
(3) The deduction under sub-section (1) shall be subject to the following
conditions, namely:—
(i) the loan has been sanctioned by the financial institution during the
period beginning on the 1st day of April, 2019 and ending on the 31st day of
March, 2020;
(ii) the stamp duty value of residential house property does not exceed
forty-five lakh rupees;
(iii) the assessee does not own any residential house property on the
date of sanction of loan.
(4) Where a deduction under this section is allowed for any interest referred to
in sub-section (1), deduction shall not be allowed in respect of such interest under any
other provision of this Act for the same or any other assessment year.
(5) For the purposes of this section,––
(a) the expression “financial institution” shall have the meaning assigned
to it in clause (a) of sub-section (5) of section 80EE;
(b) the expression “stamp duty value” means value adopted or assessed
or assessable by any authority of the Central Government or a State Government
for the purpose of payment of stamp duty in respect of an immovable property.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17

80EEB. (1) In computing the total income of an assessee, being an individual, Deduction in
there shall be deducted, in accordance with and subject to the provisions of this respect of
purchase of
section, interest payable on loan taken by him from any financial institution for the electric
purpose of purchase of an electric vehicle. vehicle.
(2) The deduction under sub-section (1) shall not exceed one lakh and fifty
thousand rupees and shall be allowed in computing the total income of the individual
for the assessment year beginning on the 1st day of April, 2020 and subsequent
assessment years.
(3) The deduction under sub-section (1) shall be subject to the condition that
the loan has been sanctioned by the financial institution during the period beginning
on the 1st day of April, 2019 and ending on the 31st day of March, 2023.
(4) Where a deduction under this section is allowed for any interest referred to
in sub-section (1), deduction shall not be allowed in respect of such interest under any
other provision of this Act for the same or any other assessment year.
(5) For the purposes of this section,––
(a) “electric vehicle” means a vehicle which is powered exclusively by an
electric motor whose traction energy is supplied exclusively by traction battery
installed in the vehicle and has such electric regenerative braking system, which
during braking provides for the conversion of vehicle kinetic energy into electrical
energy;
(b) “financial institution” means a banking company to which the Banking
10 of 1949. Regulation Act, 1949 applies, or any bank or banking institution referred to in
section 51 of that Act and includes any deposit taking non-banking financial
company or a systemically important non-deposit taking non-banking financial
company as defined in clauses (e) and (g) of Explanation 4 to section 43B.’.
26. In section 80-IBA of the Income-tax Act, with effect from the 1st day of Amendment
April, 2020,— of section
80-IBA.
(A) in sub-section (2), after clause (i), the following proviso shall be inserted,
namely:—
‘Provided that for the projects approved on or after the 1st day of
September, 2019, the provisions of this sub-section shall have effect as if for
clauses (d) to (i), the following clauses had been substituted, namely:––
“(d) the project is on a plot of land measuring not less than—
(i) one thousand square metres, where such project is located
within the metropolitan cities of Bengaluru, Chennai, Delhi National
Capital Region (limited to Delhi, Noida, Greater Noida, Ghaziabad,
Gurugram, Faridabad), Hyderabad, Kolkata and Mumbai (whole of
Mumbai Metropolitan Region); or
(ii) two thousand square metres, where such project is located
in any other place;
(e) the project is the only housing project on the plot of land as
specified in clause (d);
(f) the carpet area of the residential unit comprised in the housing
project does not exceed—
(i) sixty square metres, where such project is located within
the metropolitan cities of Bengaluru, Chennai, Delhi National Capital
Region (limited to Delhi, Noida, Greater Noida, Ghaziabad, Gurugram,
Faridabad), Hyderabad, Kolkata and Mumbai (whole of Mumbai
Metropolitan Region); or
18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(ii) ninety square metres, where such project is located in any

other place;
(g) the stamp duty value of a residential unit in the housing project
does not exceed forty-five lakh rupees;
(h) where a residential unit in the housing project is allotted to an
individual, no other residential unit in the housing project shall be allotted
to the individual or the spouse or the minor children of such individual;
(i) the project utilises—
(I) not less than ninety per cent. of the floor area ratio
permissible in respect of the plot of land under the rules to be made
by the Central Government or the State Government or the local
authority, as the case may be, where such project is located within
the metropolitan cities of Bengaluru, Chennai, Delhi National Capital
Region (limited to Delhi, Noida, Greater Noida, Ghaziabad, Gurugram,
Faridabad), Hyderabad, Kolkata and Mumbai (whole of Mumbai
Metropolitan Region); or
(II) not less than eighty per cent. of such floor area ratio where
such project is located in any place other than the place referred to
in sub-clause (I); and
(j) the assessee maintains separate books of account in respect of
the housing project.”.’;
(B) in sub-section (6), after clause (e), the following clause shall be inserted,
namely:—
‘(f) “stamp duty value” means the value adopted or assessed or assessable
by any authority of the Central Government or a State Government for the purpose
of payment of stamp duty in respect of an immovable property.’.
Amendment 27. In section 80JJAA of the Income-tax Act, in the Explanation, in clause (i), in the
of section first proviso, in clause (b), for the words “bank account”, the words “bank account or
80JJAA.
through such other electronic mode as may be prescribed” shall be substituted with effect
from the 1st day of April, 2020.
Amendment 28. In section 80LA of the Income-tax Act, with effect from the 1st day of April, 2020,—
of section
80LA. (i) for sub-section (1), the following sub-sections shall be substituted, namely:—
“(1) Where the gross total income of an assessee, being a scheduled
bank, or, any bank incorporated by or under the laws of a country outside India;
and having an Offshore Banking Unit in a Special Economic Zone, includes any
income referred to in sub-section (2), there shall be allowed, in accordance with
and subject to the provisions of this section, a deduction from such income, of
an amount equal to––
(a) one hundred per cent. of such income for five consecutive
assessment years beginning with the assessment year relevant to the
previous year in which the permission, under clause (a) of sub-section (1)
of section 23 of the Banking Regulation Act, 1949 or permission or 10 of 1949.
registration under the Securities and Exchange Board of India Act,1992 or 15 of 1992.
any other relevant law was obtained, and thereafter;
(b) fifty per cent. of such income for five consecutive assessment
years.
(1A) Where the gross total income of an assessee, being a Unit of an
International Financial Services Centre, includes any income referred to in
sub-section (2), there shall be allowed, in accordance with and subject to the
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19

provisions of this section, a deduction from such income, of an amount equal to

one hundred per cent. of such income for any ten consecutive assessment
years, at the option of the assessee, out of fifteen years, beginning with the
assessment year relevant to the previous year in which the permission, under
10 of 1949. clause (a) of sub-section (1) of section 23 of the Banking Regulation Act, 1949 or
permission or registration under the Securities and Exchange Board of India
15 of 1992. Act,1992 or any other relevant law was obtained.”;
(ii) in sub-section (2), in the opening portion, for the word, brackets and figure
“sub-section (1)”, the words, brackets, figures and letter “sub-section (1) and
sub-section (1A)” shall be substituted.
29. In section 92CD of the Income-tax Act, with effect from the 1st day of Amendment
September, 2019,–– of section
92CD.
(a) in sub-section (3), for the words “proceed to assess or reassess or recompute
the total income of the relevant assessment year”, the words “pass an order modifying
the total income of the relevant assessment year determined in such assessment or
reassessment, as the case may be,” shall be substituted;
(b) in sub-section (5), in clause (a), the words “of assessment, reassessment or
recomputation of total income” shall be omitted.
30. In section 92CE of the Income-tax Act,–– Amendment
of section
(a) in sub-section (1),–– 92CE.

(I) in clause (iii), for the word, figures and letters “section 92CC”, the
words, figures and letters “section 92CC, on or after the 1st day of April, 2017,”
shall be substituted and shall be deemed to have been substituted with effect
from the 1st day of April, 2018;
(II) in the proviso, in clause (i), for the words “one crore rupees; and”, the
words “one crore rupees; or” shall be substituted and shall be deemed to have
been substituted with effect from the 1st day of April, 2018;
(III) after the proviso, the following proviso shall be inserted and shall be
deemed to have been inserted with effect from the 1st day of April, 2018, namely:—
“Provided further that no refund of taxes paid, if any, by virtue of
provisions of this sub-section as they stood immediately before their
amendment by the Finance (No.2) Act, 2019 shall be claimed and allowed.”;
(b) in sub-section (2),––
(i) for the words “the excess money which”, the words “the excess money
or part thereof, as the case may be, which” shall be substituted and shall be
deemed to have been substituted with effect from the 1st day of April, 2018;
(ii) the following Explanation shall be inserted and shall be deemed to
have been inserted with effect from the 1st day of April, 2018, namely:––
“Explanation.––For the removal of doubts, it is hereby clarified that the
excess money or part thereof may be repatriated from any of the associated
enterprises of the assessee which is not a resident in India.”;
(c) after sub-section (2), the following sub-sections shall be inserted with effect
from the 1st day of September, 2019, namely:––
“(2A) Without prejudice to the provisions of sub-section (2), where the
excess money or part thereof has not been repatriated within the prescribed time,
the assessee may, at his option, pay additional income-tax at the rate of eighteen
per cent. on such excess money or part thereof, as the case may be.
20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(2B) The tax on the excess money or part thereof so paid by the assessee
under sub-section (2A) shall be treated as the final payment of tax in respect of
the excess money or part thereof not repatriated and no further credit therefor
shall be claimed by the assessee or by any other person in respect of the amount
of tax so paid.
(2C) No deduction under any other provision of this Act shall be allowed
to the assessee in respect of the amount on which tax has been paid in accordance
with the provisions of sub-section (2A).
(2D) Where the additional income-tax referred to in sub-section (2A) is
paid by the assessee, he shall not be required to make secondary adjustment
under sub-section (1) and compute interest under sub-section (2) from the date
of payment of such tax.”.
Substitution of 31. In the Income-tax Act, for section 92D, the following section shall be substituted
section 92D. with effect from the 1st day of April, 2020, namely:––
Maintenance, ‘92D. (1) Every person,––
keeping and
furnishing of (i) who has entered into an international transaction or specified domestic
information transaction shall keep and maintain such information and document in respect
and document thereof as may be prescribed;
by certain
persons. (ii) being a constituent entity of an international group, shall keep and
maintain such information and document in respect of an international group as
may be prescribed.
Explanation.––For the purposes of this clause,––
(A) “constituent entity” shall have the meaning assigned to it in
clause (d) of sub-section (9) of section 286;
(B) “international group” shall have the meaning assigned to it in
clause (g) of sub-section (9) of section 286.
(2) Without prejudice to the provisions contained in sub-section (1), the Board
may prescribe the period for which the information and document shall be kept and
maintained under the said sub-section.
(3) The Assessing Officer or the Commissioner (Appeals) may, in the course of
any proceeding under this Act, require any person referred to in clause (i) of
sub-section (1) to furnish any information or document referred therein, within a period
of thirty days from the date of receipt of a notice issued in this regard:
Provided that the Assessing Officer or the Commissioner (Appeals) may, on an
application made by such person, extend the period of thirty days by a further period
not exceeding thirty days.
(4) The person referred to in clause (ii) of sub-section (1) shall furnish the
information and document referred therein to the authority prescribed under
sub-section (1) of section 286, in such manner, on or before such date, as may be
prescribed.’.
Amendment 32. In section 111A of the Income-tax Act, in the Explanation, in clause (a), for the
of section words, brackets and figures “the Explanation to clause (38) of section 10”, the words, brackets,
111A.
letters and figures “clause (a) of the Explanation to section 112A” shall be substituted with
effect from the 1st day of April, 2020.
Amendment 33. In section 115A of the Income-tax Act, in sub-section (4), after clause (b), the
of section following proviso shall be inserted with effect from the 1st day of April, 2020, namely:––
115A.
“Provided that nothing contained in this sub-section shall apply to a deduction
allowed to a Unit of an International Financial Services Centre under section 80LA.”.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21

34. In section 115JB of the Income-tax Act, in sub-section (2), in Explanation 1, in the Amendment
long line, for clause (iih), the following clause shall be substituted with effect from the 1st day of section
115JB.
of April, 2020, namely:—
‘(iih) the aggregate amount of unabsorbed depreciation and loss brought forward
in case of a—
(A) company, and its subsidiary and the subsidiary of such subsidiary,
where, the Tribunal, on an application moved by the Central Government under
18 of 2013. section 241 of the Companies Act, 2013 has suspended the Board of Directors of
such company and has appointed new directors who are nominated by the
Central Government under section 242 of the said Act;
(B) company against whom an application for corporate insolvency
resolution process has been admitted by the Adjudicating Authority under
section 7 or section 9 or section 10 of the Insolvency and Bankruptcy
31 of 2016. Code, 2016.
Explanation.––For the purposes of this clause,—
(i) “Adjudicating Authority” shall have the meaning assigned to it
31 of 2016. in clause (1) of section 5 of the Insolvency and Bankruptcy Code, 2016;
(ii) “Tribunal” shall have the meaning assigned to it in clause (90)
18 of 2013. of section 2 of the Companies Act, 2013;
(iii) a company shall be a subsidiary of another company, if such
other company holds more than half in the nominal value of equity share
capital of the company;
(iv) “loss” shall not include depreciation; or’.
35. In section 115-O of the Income-tax Act, in sub-section (8), for the words “out of its Amendment
current income”, the words “out of its current income or income accumulated as a unit of of section
115-O.
International Financial Services Centre after the 1st day of April, 2017” shall be substituted with
effect from the 1st day of September, 2019.
36. In section 115QA of the Income-tax Act, in sub-section (1), the brackets and words Amendment
“(not being shares listed on a recognised stock exchange)” shall be omitted with effect from of section
115QA.
the 5th day of July, 2019.
37. In section 115R of the Income-tax Act, in sub-section (2), with effect from the 1st Amendment
of section
day of September, 2019,—
115R.
(A) after the second proviso, before the Explanation, the following proviso
shall be inserted, namely:—
“Provided also that no additional income-tax shall be chargeable in respect
of any amount of income distributed on or after the 1st day of September, 2019
by a specified Mutual Fund, out of its income derived from transactions made on
a recognised stock exchange located in any International Financial Services
Centre and where the consideration for such transaction is paid or payable in
convertible foreign exchange.”;
(B) in the Explanation,—
(a) after clause (i), the following clause shall be inserted, namely:––
‘(ia) “convertible foreign exchange” means foreign exchange which
is for the time being treated by the Reserve Bank of India as convertible
foreign exchange for the purposes of the Foreign Exchange Management
42 of 1999. Act, 1999 and the rules made thereunder;’;
22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) after clause (ii), the following clauses shall be inserted, namely:—
‘(iii) “International Financial Services Centre” shall have the
meaning assigned to it in clause (q) of section 2 of the Special Economic
Zones Act, 2005; 28 of 2005.

(iv) “recognised stock exchange” shall have the meaning assigned

to it in clause (ii) of Explanation 1 to clause (5) of section 43;
(v) “specified Mutual Fund” means a Mutual Fund specified under
clause (23D) of section 10—
(a) located in any International Financial Services Centre;
(b) of which all the units are held by non-residents;
(vi) “unit” means beneficial interest of an investor in the fund;’.
Amendment 38. In section 115UB of the Income-tax Act, in sub-section (2), with effect from the 1st
of section day of April, 2020,––
115UB.
(a) for clauses (i) and (ii), the following clauses shall be substituted, namely:––
‘(i) out of such loss, the loss arising to the investment fund as a result of
the computation under the head “Profit and gains of business or profession”, if
any, shall be,––
(a) allowed to be carried forward and it shall be set off by the
investment fund in accordance with the provisions of Chapter VI; and
(b) ignored for the purposes of sub-section (1);
(ii) the loss other than the loss referred to in clause (i), if any, shall also be
ignored for the purposes of sub-section (1), if such loss has arisen in respect of
a unit which has not been held by the unit holder for a period of atleast twelve
months.’;
(b) after sub-section (2), the following sub-section shall be inserted, namely:––
‘(2A) The loss other than the loss under the head “Profit and gains of
business or profession”, if any, accumulated at the level of investment fund as
on the 31st day of March, 2019, shall be,––
(i) deemed to be the loss of a unit holder who held the unit on the
31st day of March, 2019 in respect of the investments made by him in the
investment fund, in the same manner as provided in sub-section (1); and
(ii) allowed to be carried forward by such unit holder for the remaining
period calculated from the year in which the loss had occurred for the first
time taking that year as the first year and shall be set off by him in
accordance with the provisions of Chapter VI:
Provided that the loss so deemed under this sub-section shall not be available to
the investment fund on or after the 1st day of April, 2019.’.
Amendment 39. In section 139 of the Income-tax Act, in sub-section (1), with effect from the 1st day
of section of April, 2020,––
139.
(a) in the sixth proviso, after the word, figures and letters “section 10BA”, the
words, figures and letters “or section 54 or section 54B or section 54D or section 54EC
or section 54F or section 54G or section 54GA or section 54GB” shall be inserted;
(b) after the sixth proviso, and before Explanation 1 the following proviso shall be
inserted, namely:––
“Provided also that a person referred to in clause (b), who is not required
to furnish a return under this sub-section, and who during the previous year––
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23

(i) has deposited an amount or aggregate of the amounts exceeding

one crore rupees in one or more current accounts maintained with a banking
company or a co-operative bank; or
(ii) has incurred expenditure of an amount or aggregate of the
amounts exceeding two lakh rupees for himself or any other person for
travel to a foreign country; or
(iii) has incurred expenditure of an amount or aggregate
of the amounts exceeding one lakh rupees towards consumption of
electricity; or
(iv) fulfils such other conditions as may be prescribed,
shall furnish a return of his income on or before the due date in such form and
verified in such manner and setting forth such other particulars, as may be
prescribed.”;
(c) after Explanation 5, the following Explanation shall be inserted, namely:––
‘Explanation 6.—For the purposes of this sub-section,—
(a) “banking company” shall have the meaning assigned to it in
clause (i) of the Explanation to section 269SS;
(b) “co-operative bank” shall have the meaning assigned to it in
clause (ii) of the Explanation to section 269SS.’.
40. In section 139A of the Income-tax Act, with effect from the 1st day of Amendment
September, 2019,–– of section
139A.
(i) in sub-section (1), in clause (vi), for the words, brackets and figure “on behalf
of the person referred to in clause (v)”, the following shall be substituted, namely:––
“on behalf of the person referred to in clause (v); or
(vii) who intends to enter into such transaction as may be prescribed by
the Board in the interest of revenue,”;
(ii) after sub-section (5D), the following sub-section shall be inserted, namely:—
“(5E) Notwithstanding anything contained in this Act, every person who
is required to furnish or intimate or quote his permanent account number under
this Act, and who,––
(a) has not been allotted a permanent account number but possesses
the Aadhaar number, may furnish or intimate or quote his Aadhaar number
in lieu of the permanent account number, and such person shall be allotted
a permanent account number in such manner as may be prescribed;
(b) has been allotted a permanent account number, and who has
intimated his Aadhaar number in accordance with provisions of
sub-section (2) of section 139AA, may furnish or intimate or quote his
Aadhaar number in lieu of the permanent account number.”;
(iii) in sub-section (6), for the words “the General Index Register Number”, the
words “the General Index Register Number or the Aadhaar number, as the case may
be,” shall be substituted;
(iv) after sub-section (6), the following sub-sections shall be inserted, namely:—
“(6A) Every person entering into such transaction, as may be prescribed, shall
quote his permanent account number or Aadhaar number, as the case may be, in the
documents pertaining to such transactions and also authenticate such permanent
account number or Aadhaar number, in such manner as may be prescribed.
24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(6B) Every person receiving any document relating to the transactions

referred to in sub-section (6A), shall ensure that permanent account number or
Aadhaar number, as the case may be, has been duly quoted in such document
and also ensure that such permanent account number or Aadhaar number is so
authenticated.”;
(v) in sub-section (8), in clauses (b) and (f), for the words “the General Index
Register Number”, the words “the General Index Register Number or the Aadhaar
number, as the case may be,” shall be substituted;
(vi) in the Explanation, for clause (a), the following clauses shall be substituted,
namely:––
‘(a) “Aadhaar number” shall have the meaning assigned to it in clause (a)
of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies,
Benefits and Services) Act, 2016; 18 of 2016.

(aa) “Assessing Officer” includes an income-tax authority who is assigned

the duty of allotting permanent account numbers;
(ab) “authentication” means the process by which the permanent account
number or Aadhaar number alongwith demographic information or biometric
information of an individual is submitted to the income-tax authority or such
other authority or agency as may be prescribed for its verification and such
authority or agency verifies the correctness, or the lack thereof, on the basis of
information available with it;’.
Amendment 41. In section 139AA of the Income-tax Act, in sub-section (2), in the proviso, for the
of section words “deemed to be invalid and the other provisions of this Act shall apply, as if the person
139AA.
had not applied for allotment of permanent account number”, the words “made inoperative
after the date so notified in such manner as may be prescribed” shall be substituted with
effect from the 1st day of September, 2019.
Amendment 42. In section 140A of the Income-tax Act,––
of section
140A. (i) in sub-section (1), after clause (ii), the following clause shall be inserted and
shall be deemed to have been inserted with effect from the 1st day of April, 2007,
namely:––
“(iia) any relief of tax claimed under section 89;”;
(ii) in sub-section (1A), in clause (i), after sub-clause (b), the following
sub-clause shall be inserted and shall be deemed to have been inserted with effect
from the 1st day of April, 2007, namely:––
“(ba) any relief of tax claimed under section 89;”;
(iii) in sub-section (1B), in the Explanation, after clause (i), the following clause
shall be inserted and shall be deemed to have been inserted with effect from the 1st day
of April, 2007, namely:––
“(ia) any relief of tax claimed under section 89;”.
Amendment 43. In section 143 of the Income-tax Act, in sub-section (1), in clause (c), after the
of section words “any advance tax paid,”, the words and figures “any relief allowable under section 89,”
143.
shall be inserted and shall be deemed to have been inserted with effect from the 1st day of
April, 2007.
Amendment 44. In section 194DA of the Income-tax Act, for the words “one per cent.”, the words
of section
“five per cent. on the amount of income comprised therein” shall be substituted with effect
194DA.
from the 1st day of September, 2019.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25

45. In section 194-IA of the Income-tax Act, in the Explanation, after clause (a), the Amendment
following clause shall be inserted with effect from the 1st day of September, 2019,–– of section
194-IA.
‘(aa) “consideration for transfer of any immovable property” shall include all
charges of the nature of club membership fee, car parking fee, electricity or water
facility fee, maintenance fee, advance fee or any other charges of similar nature, which
are incidental to transfer of the immovable property;’.
46. After section 194LD of the Income-tax Act, the following sections shall be inserted Insertion of new
with effect from the 1st day of September, 2019, namely:–– sections 194M
and 194N.

‘194M. (1) Any person, being an individual or a Hindu undivided family (other Payment of
than those who are required to deduct income-tax as per the provisions of section certain sums
by certain
194C, section 194H or section 194J) responsible for paying any sum to any resident for individuals or
carrying out any work (including supply of labour for carrying out any work) in Hindu
pursuance of a contract, by way of commission (not being insurance commission undivided
referred to in section 194D) or brokerage or by way of fees for professional services family.
during the financial year, shall, at the time of credit of such sum or at the time of
payment of such sum in cash or by issue of a cheque or draft or by any other mode,
whichever is earlier, deduct an amount equal to five per cent. of such as income-tax
thereon:
Provided that no such deduction under this section shall be made if such sum or,
as the case may be, aggregate of such sums, credited or paid to a resident during a
financial year does not exceed fifty lakh rupees.
(2) The provisions of section 203A shall not apply to a person required to
deduct tax in accordance with the provisions of this section.
Explanation.––For the purposes of this section,––
(a) “contract” shall have the meaning assigned to it in clause (iii) of the
Explanation to section 194C;
(b) “commission or brokerage” shall have the meaning assigned to it in
clause (i) of the Explanation to section 194H;
(c) “professional services” shall have the meaning assigned to it in clause
(a) of the Explanation to section 194J;
(d) “work” shall have the meaning assigned to it in clause (iv) of the
Explanation to section 194C.
194N. Every person, being,–– Payment of
certain
10 of 1949. (i) a banking company to which the Banking Regulation Act, 1949 applies amounts in
(including any bank or banking institution referred to in section 51 of that Act); cash.

(ii) a co-operative society engaged in carrying on the business of banking;

or
(iii) a post office,
who is responsible for paying any sum, or, as the case may be, aggregate of sums, in
cash, in excess of one crore rupees during the previous year, to any person (herein
referred to as the recipient) from one or more accounts maintained by the recipient with
it shall, at the time of payment of such sum, deducts an amount equal to two per cent.
of sum exceeding one crore rupees, as income-tax:
Provided that nothing contained in this sub-section shall apply to any payment
made to,––
(i) the Government;
26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(ii) any banking company or co-operative society engaged in carrying on

the business of banking or a post office;
(iii) any business correspondent of a banking company or co-operative
society engaged in carrying on the business of banking, in accordance with the
guidelines issued in this regard by the Reserve Bank of India under the Reserve
Bank of India Act, 1934; 2 of 1934.

(iv) any white label automated teller machine operator of a banking company
or co-operative society engaged in carrying on the business of banking, in
accordance with the authorisation issued by the Reserve Bank of India under
the Payment and Settlement Systems Act, 2007; 51 of 2007.

(v) such other person or class of persons, which the Central Government
may, by notification in the Official Gazette, specify in consultation with the
Reserve Bank of India.’.
Amendment 47. In section 195 of the Income-tax Act, with effect from the 1st day of
of section November, 2019,––
195.
(a) in sub-section (2), for the words “to the Assessing Officer to determine, by
general or special order”, the words “in such form and manner to the Assessing
Officer, to determine in such manner, as may be prescribed” shall be substituted;
(b) in sub-section (7), for the words “to the Assessing Officer to determine, by
general or special order”, the words “in such form and manner to the Assessing
Officer, to determine in such manner, as may be prescribed” shall be substituted.
Amendment 48. In section 197 of the Income-tax Act, in sub-section (1), for the figures and letters
of section “194LBC”, the figures and letters “194LBC, 194M” shall be substituted with effect from the
197.
1st day of September, 2019.
Amendment 49. In section 198 of the Income-tax Act, after the first proviso, the following proviso
of section shall be inserted with effect from the 1st day of September, 2019, namely:—
198.
‘‘Provided further that the sum deducted in accordance with the provisions of
section 194N for the purpose of computing the income of an assessee, shall be deemed
to be income received.’’.
Amendment 50. In section 201 of the Income-tax Act, with effect from the 1st day of
of section September, 2019,––
201.
(a) in sub-section (1), in the first proviso, for the word “resident” wherever it
occurs, the word “payee” shall be substituted;
(b) in sub-section (1A), in the proviso, for the word “resident” wherever it occurs,
the word “payee” shall be substituted;
(c) in sub-section (3), after the words “credit is given”, the words, brackets and
figures “or two years from the end of the financial year in which the correction statement
is delivered under the proviso to sub-section (3) of section 200, whichever is later”
shall be inserted.
Substitution of 51. For section 206A of the Income-tax Act, the following section shall be substituted
section 206A. with effect from the 1st day of September, 2019, namely:––

Furnishing of “206A. (1) Any banking company or co-operative society or public company
statement in referred to in the proviso to clause (i) of sub-section (3) of section 194A responsible
respect of
payment of for paying to a resident any income not exceeding forty thousand rupees, where the
any income to payer is a banking company or a co-operative society, and five thousand rupees in any
residents other case by way of interest (other than interest on securities), shall prepare such
without statement in such form, containing such particulars, for such period, verified in such
deduction of
tax. manner and within such time, as may be prescribed, and deliver or cause to be delivered
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27

the said statement to the prescribed income-tax authority or to the person authorised
by such authority.
(2) The Board may require any person, other than a person mentioned in sub-
section (1), responsible for paying to a resident any income liable for deduction of tax
at source under Chapter XVII, to prepare such statement in such form, containing such
particulars, for such period, verified in such manner and within such time, as may be
prescribed, and deliver or cause to be delivered the said statement to the income-tax
authority or the authorised person referred to in sub-section (1).
(3) The person responsible for paying to a resident any income referred to in
sub-section (1) or sub-section (2) may also deliver to the income-tax authority referred
to in sub-section (1), a correction statement for rectification of any mistake or to add,
delete or update the information furnished in the statement delivered under the said
sub-sections in such form and verified in such manner, as may be prescribed.”.
52. In section 228A of the Income-tax Act, with effect from the 1st day of Amendment
September, 2019,–– of section
228A.
(a) in sub-section (1),––
(i) for the words “corresponding law from”, the words “corresponding
law from a resident, or” shall be substituted;
(ii) for the words “any Tax Recovery Officer”, the words “any Tax Recovery
Officer having jurisdiction over the resident, or” shall be substituted;
(b) in sub-section (2),––
(i) for the words “has property in a country outside India”, the words “ is
a resident of a country” shall be substituted;
(ii) for the words “forward to the Board”, the words “or has any property
in that country, forward to the Board” shall be substituted.
53. In section 234A of the Income-tax Act, in sub-section (1), in the long line, after Amendment
clause (ii), the following clause shall be inserted and shall be deemed to have been inserted of section
234A.
with effect from the 1st day of April, 2007, namely:––
“(iia) any relief of tax allowed under section 89;”.
54. In section 234B of the Income-tax Act, in sub-section (1), in Explanation 1, after Amendment
clause (i), the following clause shall be inserted and shall be deemed to have been inserted of section
234B.
with effect from the 1st day of April, 2007, namely:––
“(ia) any relief of tax allowed under section 89;”.
55. In section 234C of the Income-tax Act, in sub-section (1), in the Explanation, after Amendment
clause (i), the following clause shall be inserted and shall be deemed to have been inserted of section
234C.
with effect from the 1st day of April, 2007, namely:––
“(ia) any relief of tax allowed under section 89;”.
56. In section 239 of the Income-tax Act, with effect from the 1st day of Amendment
September, 2019,–– of section
239.
(a) in sub-section (1), for the words “in the prescribed form and verified in the
prescribed manner”, the words and figures “by furnishing return in accordance with
the provisions of section 139” shall be substituted;
(b) sub-section (2) shall be omitted.
57. In section 246A of the Income-tax Act, in sub-section (1), in clause (bb), for the Amendment
words “of assessment or reassessment”, the word “made” shall be substituted with effect of section
246A.
from the 1st day of September, 2019.
28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 58. In section 269SS of the Income-tax Act, in the opening portion, for the words “bank
of section account”, the words “bank account or through such other electronic mode as may be
269SS.
prescribed” shall be substituted with effect from the 1st day of September, 2019.
Amendment 59. In section 269ST of the Income-tax Act, in the long line, for the words “bank
of section account”, the words “bank account or through such other electronic mode as may be
269ST.
prescribed” shall be substituted with effect from the 1st day of September, 2019.
Insertion of 60. After section 269ST of the Income-tax Act, the following section shall be inserted
new section
269SU. with effect from the 1st day of November, 2019, namely:—
Acceptance of “269SU. Every person, carrying on business, shall provide facility for accepting
payment payment through prescribed electronic modes, in addition to the facility for other
through
prescribed electronic modes, of payment, if any, being provided by such person, if his total sales,
electronic turnover or gross receipts, as the case may be, in business exceeds fifty crore rupees
modes. during the immediately preceding previous year.”.

Amendment 61. In section 269T of the Income-tax Act, in the opening portion, for the words “bank
of section
269T.
account”, the words “bank account or through such other electronic mode as may be
prescribed” shall be substituted with effect from the 1st day of September, 2019.
Amendment 62. In section 270A of the Income-tax Act,––
of section
270A. (A) for the words “no return of income has been furnished” at both the places
where they occur, the words and figures “no return of income has been furnished or
where return has been furnished for the first time under section 148” shall be substituted
and shall be deemed to have been substituted with effect from the 1st day of
April, 2017;
(B) in sub-section (2), in clause (e), for the words “no return of income has been
filed”, the words and figures “no return of income has been furnished or where return
has been furnished for the first time under section 148” shall be substituted and shall
be deemed to have been substituted with effect from the 1st day of April, 2017;
(C) in sub-section (3), in clause (i), in sub-clause (b), for the words “no return
has been furnished”, the words and figures “no return of income has been furnished or
where return has been furnished for the first time under section 148” shall be substituted
and shall be deemed to have been substituted with effect from the 1st day of
April, 2017.
Insertion of 63. After section 271DA of the Income-tax Act, the following section shall be inserted
new section with effect from the 1st day of November, 2019, namely:—
271DB.

Penalty for failure “271DB. (1) If a person who is required to provide facility for accepting payment
to comply with through the prescribed electronic modes of payment referred to in section 269SU, fails
provisions of
section 269SU. to provide such facility, he shall be liable to pay, by way of penalty, a sum of five
thousand rupees, for every day during which such failure continues:
Provided that no such penalty shall be imposable if such person proves that
there were good and sufficient reasons for such failure.
(2) Any penalty imposable under sub-section (1) shall be imposed by the Joint
Commissioner of Income-tax.”.
Amendment 64. In section 271FAA of the Income-tax Act, in the opening portion, the words,
of section brackets and letter “clause (k) of” shall be omitted with effect from the 1st day of
271FAA.
September, 2019.
Amendment 65. In section 272B of the Income-tax Act, with effect from the 1st day of
of section September, 2019,––
272B.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29

(a) in sub-section (2),––

(i) for the words “permanent account number”, the words “permanent
account number or Aadhaar number, as the case may be,” shall be substituted;
(ii) for the words “ten thousand rupees”, the words “ten thousand rupees
for each such default” shall be substituted;
(b) after sub-section (2), the following sub-sections shall be inserted, namely:—
“(2A) If a person, who is required to quote his permanent account number
or Aadhaar number, as the case may be, in documents referred to in sub-section
(6A) of section 139A or authenticate such number in accordance with the
provisions of the said sub-section, fails to do so, the Assessing Officer may
direct that such person shall pay, by way of penalty, a sum of ten thousand
rupees for each such default.
(2B) If a person, who is required to ensure that the permanent account
number or the Aadhaar number, as the case may be, has been,––
(i) duly quoted in the documents relating to transactions referred
to in clause (c) of sub-section (5) or in sub-section (6A) of section 139A;
or
(ii) duly authenticated in respect of transactions referred to under
sub-section (6A) of that section,
fails to do so, the Assessing Officer may direct that such person shall pay, by way of
penalty, a sum of ten thousand rupees for each such default.”;
(c) in sub-section (3), for the word, brackets and figure “sub-section (2)”, the
words, brackets, figures and letters “sub-section (2) or sub-section (2A) or sub-section
(2B)” shall be substituted.
66. In section 276CC of the Income-tax Act, in the proviso, in clause (ii), for sub-clause Amendment
(b), the following sub-clause shall be substituted with effect from the 1st day of April, 2020, of section
276CC.
namely:––
“(b) the tax payable by such person, not being a company, on the total income
determined on regular assessment, as reduced by the advance tax or self-assessment
tax, if any, paid before the expiry of the assessment year, and any tax deducted or
collected at source, does not exceed ten thousand rupees.”.
67. In section 285BA of the Income-tax Act, with effect from the 1st day of September, Amendment
2019,–– of section
285BA.
(i) in sub-section (1), for clause (k), the following clauses shall be substituted,
namely:––
“(k) a prescribed reporting financial institution; or
(l) a person, other than those referred to in clauses (a) to (k), as may be
prescribed,”;
(ii) in sub-section (3), the second proviso shall be omitted;
(iii) in sub-section (4), for the words “such statement shall be treated as an
invalid statement and the provisions of this Act shall apply as if such person had
failed to furnish the statement”, the words “the provisions of this Act shall apply as
if such person had furnished inaccurate information in the statement” shall be
substituted.
30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 68. In section 286 of the Income-tax Act, in sub-section (9), in clause (a), in sub-clause
of section
286.
(i), the words “or alternate reporting entity” shall be omitted and shall be deemed to have
been omitted with effect from the 1st day of April, 2017.
Amendment 69. In the Second Schedule to the Income-tax Act, in Part III, in rule 68B, in sub-rule (1),
of rule 68B of
with effect from the 1st day of September, 2019,––
Second
Schedule.
(a) for the words “three years’’, the words “seven years” shall be substituted;
(b) in the proviso, for the word “Provided”, the words “Provided further” shall
be substituted;
(c) before the proviso as so amended, the following proviso shall be inserted,
namely:—
“Provided that the Board may, for reasons to be recorded in writing, extend
the aforesaid period for a further period not exceeding three years:”.
CHAPTER IV
INDIRECT TAXES
Customs
Amendment 70. In section 41 of the Customs Act, 1962 (hereinafter referred to as the Customs Act), 52 of 1962.
of section 41. in sub-section (1), for the portion beginning with the words “The person-in-charge of a
conveyance”, and ending with the words “not exceeding fifty thousand rupees”, the following
shall be substituted, namely:—
“The person-in-charge of a conveyance carrying export goods or imported
goods or any other person as may be specified by the Central Government, by
notification, shall, before departure of the conveyance from a customs station,
deliver to the proper officer in the case of a vessel or aircraft, a departure manifest
or an export manifest by presenting electronically, and in the case of a vehicle, an
export report, in such form and manner as may be prescribed and in case, such
person-in-charge or other person fails to deliver the departure manifest or export
manifest or the export report or any part thereof within such time, and the proper
officer is satisfied that there is no sufficient cause for such delay, such person-in-
charge or other person shall be liable to pay penalty not exceeding fifty thousand
rupees”.
Insertion of 71. After Chapter XIIA of the Customs Act, the following Chapter shall be inserted,
New Chapter namely:––
XIIB.
‘CHAPTER XIIB
VERIFICATION OF IDENTITY AND COMPLIANCE
Verification of 99B. (1) The proper officer, authorised in this behalf by the Principal Commissioner
identity and
of Customs or the Commissioner of Customs, as the case may be, may, for the purposes
compliance
thereof. of ascertaining compliance of the provisions of this Act or any other law for the time
being in force, require a person, whose verification he considers necessary for protecting
the interest of revenue or for preventing smuggling, to do all or any of the following,
namely:––
(a) undergo authentication, or furnish proof of possession of Aadhaar
number, in such manner and within such time as may be prescribed;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 31

(b) submit such other document or information, in such manner and within
such time as may be prescribed:
Provided that where such person has not been assigned the Aadhaar
number, or where so assigned, but authentication of such person has failed due
to technical reasons or for reasons beyond his control, then, he shall be provided
an opportunity to furnish such other alternative and viable means of identification
in such form and manner and within such time as may be prescribed.
(2) The provisions of sub-section (1) shall not apply to such person or class of
persons as may be prescribed.
(3) Notwithstanding anything contained in any other provisions of this Act,
where the Principal Commissioner of Customs or the Commissioner of Customs comes
to the conclusion, based on reasons to be recorded in writing, that the person referred
to in sub-section (1) has––
(i) failed to comply with the requirements of the said sub-section or
submitted incorrect documents or information under the said sub-section, he
may, by order, suspend––
(a) clearance of imported goods or export goods;
(b) sanction of refund;
(c) sanction of drawback;
(d) exemption from duty;
(e) licence or registration granted under this Act; or
(f) any benefit, monetary or otherwise, arising out of import or export,
relating to such person, subject to such conditions as may be prescribed;
(ii) failed authentication as required under the said sub-section, he may, by
order, direct that such person shall not have the benefit of any of the items specified
in sub-clauses (a) to (f) of clause (i).
(4) The order of suspension under sub-section (3) shall remain in force until the
person concerned complies with the requirements of sub-section (1) or furnishes
correct document or information thereunder.
Explanation.—For the purposes of this section, the expression “Aadhaar number”
shall have the same meaning as assigned to it in clause (a) of section 2 of the Aadhaar
18 of 2016. (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.’.
72. In section 103 of the Customs Act,— Amendment of
section 103.
(i) for sub-section (1), the following sub-section shall be substituted, namely:–
“(1) Where the proper officer has reason to believe that any person referred
to in sub-section (2) of section 100 has any goods liable to confiscation secreted
inside his body, he may detain such person and shall,––
(a) with the prior approval of the Deputy Commissioner of Customs or
Assistant Commissioner of Customs, as soon as practicable, screen or scan
such person using such equipment as may be available at the customs station,
but without prejudice to any of the rights available to such person under any
other law for the time being in force, including his consent for such screening
or scanning, and forward a report of such screening or scanning to the nearest
magistrate if such goods appear to be secreted inside his body; or
(b) produce him without unnecessary delay before the nearest
magistrate.”;
32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(ii) in sub-section (6), after the words “Where on receipt of a report”, the words,
brackets, letter and figure “from the proper officer under clause (a) of sub-section (1)
or” shall be inserted.
Amendment 73. In section 104 of the Customs Act, ––
of section
104. (i) in sub-section (1), the words “in India or within the Indian customs waters”
shall be omitted;
(ii) in sub-section (4),––
(A) in clause (b), for the word “rupees,”, the words “rupees; or” shall be
substituted;
(B) after clause (b), the following clauses shall be inserted, namely:—
“(c) fraudulently availing of or attempting to avail drawback or any
exemption from duty provided under this Act, where the amount of drawback
or exemption from duty exceeds fifty lakh rupees; or
(d) fraudulently obtaining an instrument for the purposes of this
Act or the Foreign Trade (Development and Regulation) Act, 1992, and 22 of 1992.
such instrument is utilised under this Act, where duty relatable to such
utilisation of instrument exceeds fifty lakh rupees,”;
(iii) in sub-section (6),––
(A) in clause (d), for the word “rupees,”, the words “rupees; or” shall be
substituted;
(B) after clause (d), the following clause shall be inserted, namely:—
“(e) fraudulently obtaining an instrument for the purposes of this
Act or the Foreign Trade (Development and Regulation) Act, 1992, and 22 of 1992.
such instrument is utilised under this Act, where duty relatable to such
utilisation of instrument exceeds fifty lakh rupees,”;
(iv) after sub-section (7), the following Explanation shall be inserted, namely:—
‘Explanation.––For the purposes of this section, the expression
“instrument” shall have the same meaning as assigned to it in Explanation 1 to
section 28AAA.’.
Amendment 74. In section 110 of the Customs Act,––
of section
110. (i) in sub-section (1), for the proviso, the following provisos shall be substituted,
namely:—
“Provided that where it is not practicable to remove, transport, store or
take physical possession of the seized goods for any reason, the proper officer
may give custody of the seized goods to the owner of the goods or the beneficial
owner or any person holding himself out to be the importer, or any other person
from whose custody such goods have been seized, on execution of an undertaking
by such person that he shall not remove, part with, or otherwise deal with the
goods except with the previous permission of such officer:
Provided further that where it is not practicable to seize any such goods,
the proper officer may serve an order on the owner of the goods or the beneficial
owner or any person holding himself out to be importer, or any other person from
whose custody such goods have been found, directing that such person shall
not remove, part with, or otherwise deal with such goods except with the previous
permission of such officer.”;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 33

(ii) after sub-section (4), the following sub-section shall be inserted, namely:—
“(5) Where the proper officer, during any proceedings under the
Act, is of the opinion that for the purposes of protecting the interest of
revenue or preventing smuggling, it is necessary so to do, he may, with
the approval of the Principal Commissioner of Customs or Commissioner
of Customs, by order in writing, provisionally attach any bank account for
a period not exceeding six months:
Provided that the Principal Commissioner of Customs or
Commissioner of Customs may, for reasons to be recorded in writing,
extend such period to a further period not exceeding six months and inform
such extension of time to the person whose bank account is provisionally
attached, before the expiry of the period so specified.”.
75. In section 110A of the Customs Act,— Amendment
of section
(i) in the marginal heading, after the words ‘‘things seized’’, the words ‘‘or bank 110A.
account provisionally attached’’ shall be inserted;
(ii) after the words “documents or things seized”, the words “or bank account
provisionally attached” shall be inserted;
(iii) after the words ‘‘to the owner’’, the words ‘‘or the bank account holder’’
shall be inserted.
76. After section 114AA of the Customs Act, the following section shall be inserted, Insertion of
namely:–– new section
114AB.

‘114AB. Where any person has obtained any instrument by fraud, collusion, Penalty for
wilful misstatement or suppression of facts and such instrument has been utilised by obtaining
instrument by
such person or any other person for discharging duty, the person to whom the instrument
fraud, etc.
was issued shall be liable for penalty not exceeding the face value of such instrument.
Explanation.––For the purposes of this section, the expression “instrument”
shall have the same meaning as assigned to it in the Explanation 1 to section 28AAA.’.
77. In section 117 of the Customs Act, for the words “one lakh rupees”, the words Amendment
“four lakh rupees” shall be substituted. of section
117.

78. In section 125 of the Customs Act, in sub-section (1), in the first proviso, for the Amendment
words “the provisions of this section shall not apply”, the words “no such fine shall be of section
125.
imposed” shall be substituted.
79. In section 135 of the Customs Act,–– Amendment
of section
(i) in sub-section (1),— 135.

(a) in clause (d), for the words ‘‘export of goods,’’, the words ‘‘export of
goods; or’’ shall be substituted;
(b) after clause (d), the following clause shall be inserted, namely:—
“(e) obtains an instrument from any authority by fraud, collusion,
wilful misstatement or suppression of facts and such instrument has been
utilised by such person or any other person,”;
(c) in item (i),—
(I) in sub-item (D), for the words ‘‘of rupees,’’, the words ‘‘of rupees;
or’’ shall be substituted;
(II) after sub-item (D), the following sub-item shall be inserted,
namely:—
34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

“(E) obtaining an instrument from any authority by fraud, collusion, wilful

misstatement or suppression of facts and such instrument has been utilised by
any person, where the duty relatable to utilisation of the instrument exceeds fifty
lakh rupees,”.
(ii) after sub-section (3), the following Explanation shall be inserted, namely:—
‘Explanation.–– For the purposes of this section, the expression
“instrument” shall have the same meaning as assigned to it in the
Explanation 1 to section 28AAA.’.
Amendment 80. In section 149 of the Customs Act, after the words “custom house to be amended”,
of section the words “in such form and manner, within such time, subject to such restrictions and
149.
conditions, as may be prescribed” shall be inserted.
Amendment 81. In section 157 of the Customs Act, in sub-section (2),––
of section
157. (i) after clause (k), the following clause shall be inserted, namely:––
“(ka) the manner of authentication and the time limit for such authentication,
the document or information to be furnished and the manner of submitting such
document or information and the time limit for such submission, the form and the
manner of furnishing alternative means of identification and the time limit for
furnishing such identification, person or class of persons to be exempted and
conditions subject to which suspension may be made, under Chapter XIIB;”;
(ii) after clause (m), the following clause shall be inserted, namely:––
“(n) the form and manner, the time limit and the restrictions and conditions
for amendment of any document under section 149.”.
Amendment 82. In section 158 of the Customs Act, in sub-section (2), in clause (ii), for the words
of section 158. “fifty thousand rupees”, the words “two lakh rupees” shall be substituted.

Amendment 83. (1) The notifications of the Government of India in the Ministry of Finance
of (Department of Revenue) numbers G.S.R. 423(E), dated the 1st June, 2011, G.S.R. 499(E),
notifications
issued under
dated the 1st July, 2011 and G.S.R. 185(E), dated the 17th March, 2012 issued by the Central
sub-section (1) Government under sub-section (1) of section 25 of the Customs Act, 1962, shall stand 52 of 1962.
of section 25 amended and shall be deemed to have been amended in the manner as specified in the
of Customs Second Schedule, on and from the date mentioned in column (4) of that Schedule, against
Act,
retrospectively.
each of such notifications, retrospectively, and accordingly, notwithstanding anything
contained in any judgment, decree or order of any court, tribunal or other authority, any
action taken or anything done or purported to have been taken or done under the said
notifications, shall be deemed to be, and always to have been, for all purposes, as validly and
effectively taken or done as if the notifications as amended by this sub-section had been in
force at all material times.
(2) For the purposes of sub-section (1), the Central Government shall have and shall
be deemed to have the power to amend the notifications referred to in the said sub-section
with retrospective effect as if the Central Government had the power to amend the said
notifications under sub-section (1) of section 25 of the Customs Act, retrospectively, at all
material times.
Amendment 84. (1) The notification of the Government of India in the Ministry of Finance
of notification (Department of Revenue) number G.S.R. 785(E), dated the 30th June, 2017 issued by the
issued under
Central Government under sub-section (1) of section 25 of the Customs Act, 1962 and sub- 52 of 1962.
sub-section (1)
of section 25 section (12) of section 3 of the Customs Tariff Act, 1975, shall stand amended and shall be 51 of 1975.
of Customs deemed to have been amended in the manner as specified in the Third Schedule, on and from
Act and sub- the date mentioned in column (4) of that Schedule and accordingly, notwithstanding anything
section (12)
contained in any judgment, decree or order of any court, tribunal or other authority, any
of section 3 of
Customs action taken or anything done or purported to have been taken or done under the said
Tariff Act, notification, shall be deemed to be, and always to have been, for all purposes, as validly and
retrospectively. effectively taken or done as if the notification as amended by this sub-section had been in
force at all material times.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 35

(2) For the purposes of sub-section (1), the Central Government shall have and shall
be deemed to have the power to amend the notification referred to in the said sub-section
with retrospective effect as if the Central Government had the power to amend the said
notification under sub-section (1) of section 25 of the Customs Act and sub-section (12) of
section 3 of Customs Tariff Act, retrospectively, at all material times.
85. The notification of the Government of India in the Ministry of Finance (Department Retrospective
of Revenue) number G.S.R. 1270 (E), dated the 31st December, 2018 amending the notification effect of
notification
number G.S.R. 665 (E), dated the 2nd August, 1976, which was issued in exercise of powers issued under
52 of 1962. conferred by sub-section (1) of section 25 of the Customs Act, 1962 and sub-section (12) of sub-section
51 of 1975. section 3 of the Customs Tariff Act, 1975, shall be deemed to have, and always to have, for all (1) of section
purposes, come into force on and from the 1st day of July, 2017. 25 of Customs
Act and sub-
section (12)
of section 3
of Customs
Tariff Act.
Customs Tariff
51 of 1975. 86. In section 9 of the Customs Tariff Act, 1975 (hereinafter referred to as the Customs Amendment
Tariff Act), after sub-section (1), the following sub-section shall be inserted, namely:–– of section 9.

“(1A) Where the Central Government, on such inquiry as it considers necessary,

is of the opinion that circumvention of countervailing duty imposed under
sub-section (1) has taken place, either by altering the description or name or composition
of the article on which such duty has been imposed or by import of such article in an
unassembled or disassembled form or by changing the country of its origin or export
or in any other manner, whereby the countervailing duty so imposed is rendered
ineffective, it may extend the countervailing duty to such other article also.”.
87. In section 9C of the Customs Tariff Act, for sub-section (1), the following sub-section Amendment
shall be substituted, namely:–– of section 9C.

“(1) An appeal against the order of determination or review thereof shall lie to the
Customs, Excise and Service Tax Appellate Tribunal constituted under section 129 of the
52 of 1962. Customs Act, 1962 (hereinafter referred to as the Appellate Tribunal), in respect of the
existence, degree and effect of—
(i) any subsidy or dumping in relation to import of any article; or
(ii) import of any article into India in such increased quantities and under
such condition so as to cause or threatening to cause serious injury to domestic
industry requiring imposition of safeguard duty in relation to import of that
article.”.

88. In the Customs Tariff Act, the First Schedule shall–– Amendment of
First Schedule.
(a) be amended in the manner specified in the Fourth Schedule;
(b) be also amended in the manner specified in the Fifth Schedule, with effect
from such date as the Central Government may, by notification in the Official Gazette,
appoint.
89. (1) The notification of the Government of India in the Ministry of Finance Validation of
(Department of Revenue) number G.S.R. 186 (E), dated the 22nd February, 2016 amending the modification in
classification
notification number G.S.R. 804 (E), dated the 21st October, 2015, issued in exercise of the of certain
51 of 1975. powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 goods leviable
read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of to anti-
Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 shall be dumping duty
with
deemed to have, and always to have, for all purposes, validly come into force on and from the retrospective
21st day of October, 2015. effect.
36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(2) Refund shall be made of all such anti-dumping duty which has been collected, but
which would not have been so collected, if the notification referred to in sub-section (1) been
in force at all material times.
(3) An application for refund of anti-dumping duty referred to in sub-section (2) shall
be made within a period of six months from the date on which the Finance (No.2) Bill, 2019
receives the assent of the President.
Validation of 90. (1) The notification of the Government of India in the Ministry of Finance
modification (Department of Revenue) number G.S.R. 665 (E), dated the 5th July, 2016 amending the
in description
of goods with
notification number G.S.R. 285 (E), dated the 8th March, 2016, issued in exercise of the
retrospective powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975, 51 of 1975.
effect. read with rules 18, 20 and 23 of the Customs Tariff (Identification, Assessment and Collection
of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 shall
be deemed to have, and always to have, for all purposes, come into force on and from the 8th
day of March, 2016.
(2) Refund shall be made of all such anti-dumping duty which has been collected, but
which would not have been so collected, if the notification referred to in sub-section (1) been
in force at all material times.
(3) An application for refund of anti-dumping duty referred to in sub-section (2) shall
be made within a period of six months from the date on which the Finance (No.2) Bill, 2019
receives the assent of the President.
Central Excise
Amendment 91. In the Fourth Schedule to the Central Excise Act, 1944, in Chapter 27, for the entry 1 of 1944.
of Fourth in column (4) occurring against tariff item 2709 20 00, the entry “Re.1 per tonne” shall be
Schedule.
substituted.
Central Goods and Services Tax
Amendment 92. In section 2 of the Central Goods and Services Tax Act, 2017 (hereinafter referred as 12 of 2017.
of section 2. the Central Goods and Services Tax Act), in clause (4), after the words “the Appellate Authority
for Advance Ruling,”, the words “the National Appellate Authority for Advance Ruling,”
shall be inserted.
Amendment
93. In section 10 of the Central Goods and Services Tax Act,––
of section 10.
(a) in sub-section (1), after the second proviso, the following Explanation shall
be inserted, namely:—
“Explanation.––For the purposes of second proviso, the value of exempt
supply of services provided by way of extending deposits, loans or advances in
so far as the consideration is represented by way of interest or discount shall
not be taken into account for determining the value of turnover in a State or
Union territory.”;
(b) in sub-section (2),—
(i) in clause (d), the word ‘‘and’’ occuring at the end shall be omitted;
(ii) in clause (e), for the word ‘‘Council:’’, the words ‘‘Council; and’’ shall
be substituted;
(iii) after clause (e), the following clause shall be inserted, namely:––
“(f) he is neither a casual taxable person nor a non-resident taxable person:”;
(c) after sub-section (2), the following sub-section shall be inserted, namely:––
“(2A) Notwithstanding anything to the contrary contained in this Act, but
subject to the provisions of sub-sections (3) and (4) of section 9, a registered
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 37

person, not eligible to opt to pay tax under sub-section (1) and sub-section (2),
whose aggregate turnover in the preceding financial year did not exceed fifty
lakh rupees, may opt to pay, in lieu of the tax payable by him under sub-section (1)
of section 9, an amount of tax calculated at such rate as may be prescribed, but
not exceeding three per cent. of the turnover in State or turnover in Union
territory, if he is not––
(a) engaged in making any supply of goods or services which are not
leviable to tax under this Act;
(b) engaged in making any inter-State outward supplies of goods or
services;
(c) engaged in making any supply of goods or services through an
electronic commerce operator who is required to collect tax at source under
section 52;
(d) a manufacturer of such goods or supplier of such services as
may be notified by the Government on the recommendations of the
Council; and
(e) a casual taxable person or a non-resident taxable person:
Provided that where more than one registered person are having the same
43 of 1961. Permanent Account Number issued under the Income-tax Act, 1961, the registered
person shall not be eligible to opt for the scheme under this sub-section unless
all such registered persons opt to pay tax under this sub-section.”;
(d) in sub-section (3), after the words, brackets and figure “under sub-section (1)”
at both the places where they occur, the words, brackets, figure and letter “or
sub-section (2A), as the case may be,” shall be inserted.
(e) in sub-section (4), after the words, brackets and figure “of sub-section (1)”,
the words, brackets, figure and letter “or, as the case may be, sub-section (2A)” shall
be inserted.
(f) in sub-section (5), after the words, brackets and figure “under sub-section (1)”,
the words, brackets, figure and letter “or sub-section (2A), as the case may be,” shall
be inserted.
(g) after sub-section (5), the following Explanations shall be inserted, namely:—
‘Explanation 1.––For the purposes of computing aggregate turnover of a
person for determining his eligibility to pay tax under this section, the expression
“aggregate turnover” shall include the value of supplies made by such person
from the 1st day of April of a financial year up to the date when he becomes liable
for registration under this Act, but shall not include the value of exempt supply
of services provided by way of extending deposits, loans or advances in so far
as the consideration is represented by way of interest or discount.
Explanation 2.––For the purposes of determining the tax payable by a
person under this section, the expression “turnover in State or turnover in Union
territory” shall not include the value of following supplies, namely:––
(i) supplies from the first day of April of a financial year up to the
date when such person becomes liable for registration under this Act; and
(ii) exempt supply of services provided by way of extending
deposits, loans or advances in so far as the consideration is represented
by way of interest or discount.’.
38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 94. In section 22 of the Central Goods and Services Tax Act, in sub-section (1), after
of section 22. the second proviso, the following shall be inserted, namely:––
“Provided also that the Government may, at the request of a State and on the
recommendations of the Council, enhance the aggregate turnover from twenty lakh
rupees to such amount not exceeding forty lakh rupees in case of supplier who is
engaged exclusively in the supply of goods, subject to such conditions and limitations,
as may be notified.
Explanation.––For the purposes of this sub-section, a person shall be considered
to be engaged exclusively in the supply of goods even if he is engaged in exempt
supply of services provided by way of extending deposits, loans or advances in so far
as the consideration is represented by way of interest or discount.”.
Amendment 95. In section 25 of the Central Goods and Services Tax Act, after sub-section (6), the
of section 25. following sub-sections shall be inserted, namely:—
“(6A) Every registered person shall undergo authentication, or furnish proof of
possession of Aadhaar number, in such form and manner and within such time as may
be prescribed:
Provided that if an Aadhaar number is not assigned to the registered person,
such person shall be offered alternate and viable means of identification in such
manner as Government may, on the recommendations of the Council, prescribe:
Provided further that in case of failure to undergo authentication or furnish
proof of possession of Aadhaar number or furnish alternate and viable means of
identification, registration allotted to such person shall be deemed to be invalid and
the other provisions of this Act shall apply as if such person does not have a
registration.
(6B) On and from the date of notification, every individual shall, in order to be
eligible for grant of registration, undergo authentication, or furnish proof of possession
of Aadhaar number, in such manner as the Government may, on the recommendations
of the Council, specify in the said notification:
Provided that if an Aadhaar number is not assigned to an individual, such
individual shall be offered alternate and viable means of identification in such manner
as the Government may, on the recommendations of the Council, specify in the said
notification.
(6C) On and from the date of notification, every person, other than an individual,
shall, in order to be eligible for grant of registration, undergo authentication, or furnish
proof of possession of Aadhaar number of the Karta, Managing Director, whole time
Director, such number of partners, Members of Managing Committee of Association,
Board of Trustees, authorised representative, authorised signatory and such other
class of persons, in such manner, as the Government may, on the recommendations of
the Council, specify in the said notification:
Provided that where such person or class of persons have not been assigned
the Aadhaar Number, such person or class of persons shall be offered alternate and
viable means of identification in such manner as the Government may, on the
recommendations of the Council, specify in the said notification.
(6D) The provisions of sub-section (6A) or sub-section (6B) or sub-section (6C)
shall not apply to such person or class of persons or any State or Union territory or
part thereof, as the Government may, on the recommendations of the Council, specify
by notification.
Explanation.—For the purposes of this section, the expression “Aadhaar
number” shall have the same meaning as assigned to it in clause (a) of section 2 of the
Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services)
Act, 2016.”. 18 of 2016.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 39

96. After section 31 of the Central Goods and Services Tax Act, the following section Insertion of
shall be inserted, namely:–– new section
31A.
“31A. The Government may, on the recommendations of the Council, prescribe Facility of
a class of registered persons who shall provide prescribed modes of electronic payment digital
payment to
to the recipient of supply of goods or services or both made by him and give option to
recipient.
such recipient to make payment accordingly, in such manner and subject to such
conditions and restrictions, as may be prescribed.”.
97. In section 39 of the Central Goods and Services Tax Act,–– Amendment
of section 39.
(a) for sub-sections (1) and (2), the following sub-sections shall be substituted,
namely:––
‘‘(1) Every registered person, other than an Input Service Distributor or a
non-resident taxable person or a person paying tax under the provisions of
section 10 or section 51 or section 52 shall, for every calendar month or part
thereof, furnish, a return, electronically, of inward and outward supplies of goods
or services or both, input tax credit availed, tax payable, tax paid and such other
particulars, in such form and manner, and within such time, as may be prescribed:
Provided that the Government may, on the recommendations of the Council,
notify certain class of registered persons who shall furnish a return for every
quarter or part thereof, subject to such conditions and restrictions as may be
specified therein.
(2) A registered person paying tax under the provisions of section 10,
shall, for each financial year or part thereof, furnish a return, electronically, of
turnover in the State or Union territory, inward supplies of goods or services or
both, tax payable, tax paid and such other particulars in such form and manner,
and within such time, as may be prescribed.’’;
(b) for sub-section (7), the following sub-section shall be substituted, namely:—
“(7) Every registered person who is required to furnish a return under
sub-section (1), other than the person referred to in the proviso thereto, or
sub-section (3) or sub-section (5), shall pay to the Government the tax due as
per such return not later than the last date on which he is required to furnish
such return:
Provided that every registered person furnishing return under the proviso
to sub-section (1) shall pay to the Government, the tax due taking into account
inward and outward supplies of goods or services or both, input tax credit
availed, tax payable and such other particulars during a month, in such form and
manner, and within such time, as may be prescribed:
Provided further that every registered person furnishing return under
sub-section (2) shall pay to the Government, the tax due taking into account
turnover in the State or Union territory, inward supplies of goods or services or
both, tax payable, and such other particulars during a quarter, in such form and
manner, and within such time, as may be prescribed.”.
98. In section 44 of the Central Goods and Services Tax Act, in sub-section (1), the Amendment
following provisos shall be inserted, namely:— of section 44.

“Provided that the Commissioner may, on the recommendations of the Council

and for reasons to be recorded in writing, by notification, extend the time limit for
furnishing the annual return for such class of registered persons as may be specified
therein:
Provided further that any extension of time limit notified by the Commissioner of
State tax or the Commissioner of Union territory tax shall be deemed to be notified by
the Commissioner.”.
40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 99. In section 49 of the Central Goods and Services Tax Act, after sub-section (9), the
of section 49. following sub-sections shall be inserted, namely:—
“(10) A registered person may, on the common portal, transfer any amount of tax,
interest, penalty, fee or any other amount available in the electronic cash ledger under
this Act, to the electronic cash ledger for integrated tax, central tax, State tax, Union
territory tax or cess, in such form and manner and subject to such conditions and
restrictions as may be prescribed and such transfer shall be deemed to be a refund from
the electronic cash ledger under this Act.
(11) Where any amount has been transferred to the electronic cash ledger under
this Act, the same shall be deemed to be deposited in the said ledger as provided in
sub-section (1).”.
Amendment 100. In section 50 of the Central Goods and Services Tax Act, in sub-section (1), the
of section 50. following proviso shall be inserted, namely:––
“Provided that the interest on tax payable in respect of supplies made during a
tax period and declared in the return for the said period furnished after the due date in
accordance with the provisions of section 39, except where such return is furnished
after commencement of any proceedings under section 73 or section 74 in respect of
the said period, shall be levied on that portion of the tax that is paid by debiting the
electronic cash ledger.”.
Amendment 101. In section 52 of the Central Goods and Services Tax Act,––
of section 52.
(a) in sub-section (4), the following provisos shall be inserted, namely:––
“Provided that the Commissioner may, for reasons to be recorded in writing,
by notification, extend the time limit for furnishing the statement for such class
of registered persons as may be specified therein:
Provided further that any extension of time limit notified by the
Commissioner of State tax or the Commissioner of Union territory tax shall be
deemed to be notified by the Commissioner.”;
(b) in sub-section (5), the following provisos shall be inserted, namely:––
“Provided that the Commissioner may, on the recommendations of the
Council and for reasons to be recorded in writing, by notification, extend the
time limit for furnishing the annual statement for such class of registered persons
as may be specified therein:
Provided further that any extension of time limit notified by the
Commissioner of State tax or the Commissioner of Union territory tax shall be
deemed to be notified by the Commissioner.”.
Insertion of 102. After section 53 of the Central Goods and Services Tax Act, the following section
new section shall be inserted, namely:––
53A.
Transfer of “53A. Where any amount has been transferred from the electronic cash ledger
certain under this Act to the electronic cash ledger under the State Goods and Services Tax
amounts.
Act or the Union territory Goods and Services Tax Act, the Government shall, transfer
to the State tax account or the Union territory tax account, an amount equal to the
amount transferred from the electronic cash ledger, in such manner and within such
time as may be prescribed.”.
Amendment 103. In section 54 of the Central Goods and Services Tax Act, after sub-section (8), the
of section 54. following sub-section shall be inserted, namely:––
“(8A) The Government may disburse the refund of the State tax in such manner
as may be prescribed.”.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 41

104. In section 95 of the Central Goods and Services Tax Act,–– Amendment
of section 95.
(i) in clause (a),––
(a) after the words “Appellate Authority”, the words “or the National
Appellate Authority” shall be inserted;
(b) after the words and figures “of section 100”, the words, figures and
letter “or of section 101C” shall be inserted;
(ii) after clause (e), the following clause shall be inserted, namely:––
‘(f) “National Appellate Authority” means the National Appellate Authority
for Advance Ruling referred to in section 101A.’.
105. After section 101 of the Central Goods and Services Tax Act, the following sections Insertion of
shall be inserted, namely:–– new sections
101A, 101B
and 101C.

“101A. (1) The Government shall, on the recommendations of the Council, by Constitution
notification, constitute, with effect from such date as may be specified therein, an of National
Appellate
Authority known as the National Appellate Authority for Advance Ruling for hearing Authority for
appeals made under section 101B. Advance
Ruling.
(2) The National Appellate Authority shall consist of—
(i) the President, who has been a Judge of the Supreme Court or is or has
been the Chief Justice of a High Court, or is or has been a Judge of a High Court
for a period not less than five years;
(ii) a Technical Member (Centre) who is or has been a member of Indian
Revenue (Customs and Central Excise) Service, Group A, and has completed at
least fifteen years of service in Group A;
(iii) a Technical Member (State) who is or has been an officer of the State
Government not below the rank of Additional Commissioner of Value Added Tax
or the Additional Commissioner of State tax with at least three years of experience
in the administration of an existing law or the State Goods and Services Tax Act
or in the field of finance and taxation.
(3) The President of the National Appellate Authority shall be appointed by the
Government after consultation with the Chief Justice of India or his nominee:
Provided that in the event of the occurrence of any vacancy in the office of the
President by the reason of his death, resignation or otherwise, the senior most Member
of the National Appellate Authority shall act as the President until the date on which a
new President, appointed in accordance with the provisions of this Act to fill such
vacancy, enters upon his office:
Provided further that where the President is unable to discharge his functions
owing to absence, illness or any other cause, the senior most Member of the National
Appellate Authority shall discharge the functions of the President until the date on
which the President resumes his duties.
(4) The Technical Member (Centre) and Technical Member (State) of the National
Appellate Authority shall be appointed by the Government on the recommendations
of a Selection Committee consisting of such persons and in such manner as may be
prescribed.
(5) No appointment of the Members of the National Appellate Authority shall be
invalid merely by the reason of any vacancy or defect in the constitution of the
Selection Committee.
42 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(6) Before appointing any person as the President or Members of the National
Appellate Authority, the Government shall satisfy itself that such person does not
have any financial or other interests which are likely to prejudicially affect his functions
as such President or Member.
(7) The salary, allowances and other terms and conditions of service of the
President and the Members of the National Appellate Authority shall be such as may
be prescribed:
Provided that neither salary and allowances nor other terms and conditions of
service of the President or Members of the National Appellate Authority shall be
varied to their disadvantage after their appointment.
(8) The President of the National Appellate Authority shall hold office for a term
of three years from the date on which he enters upon his office, or until he attains the
age of seventy years, whichever is earlier and shall also be eligible for reappointment.
(9) The Technical Member (Centre) or Technical Member (State) of the National
Appellate Authority shall hold office for a term of five years from the date on which he
enters upon his office, or until he attains the age of sixty-five years, whichever is earlier
and shall also be eligible for reappointment.
(10) The President or any Member may, by notice in writing under his hand
addressed to the Government, resign from his office:
Provided that the President or Member shall continue to hold office until the
expiry of three months from the date of receipt of such notice by the Government, or
until a person duly appointed as his successor enters upon his office or until the expiry
of his term of office, whichever is the earliest.
(11) The Government may, after consultation with the Chief Justice of India,
remove from the office such President or Member, who—
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of such
Government involves moral turpitude; or
(c) has become physically or mentally incapable of acting as such President
or Member; or
(d) has acquired such financial or other interest as is likely to affect
prejudicially his functions as such President or Member; or
(e) has so abused his position as to render his continuance in office
prejudicial to the public interest:
Provided that the President or the Member shall not be removed on any of
the grounds specified in clauses (d) and (e), unless he has been informed of the
charges against him and has been given an opportunity of being heard.
(12) Without prejudice to the provisions of sub-section (11), the President and
Technical Members of the National Appellate Authority shall not be removed from
their office except by an order made by the Government on the ground of proven
misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court
nominated by the Chief Justice of India on a reference made to him by the Government
and such President or Member had been given an opportunity of being heard.
(13) The Government, with the concurrence of the Chief Justice of India, may
suspend from office, the President or Technical Members of the National Appellate
Authority in respect of whom a reference has been made to the Judge of the Supreme
Court under sub-section (12).
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 43

(14) Subject to the provisions of article 220 of the Constitution, the President or
Members of the National Appellate Authority, on ceasing to hold their office, shall not
be eligible to appear, act or plead before the National Appellate Authority where he
was the President or, as the case may be, a Member.
101B. (1) Where, in respect of the questions referred to in sub-section (2) of Appeal to
section 97, conflicting Advance Rulings are given by the Appellate Authorities of two National
Appellate
or more States or Union territories or both under sub-section (1) or sub-section (3) of Authority.
section 101, any officer authorised by the Commissioner or an applicant, being distinct
person referred to in section 25 aggrieved by such Advance Ruling, may prefer an
appeal to National Appellate Authority:
Provided that the officer shall be from the States in which such Advance Rulings
have been given.
(2) Every appeal under this section shall be filed within a period of thirty days
from the date on which the ruling sought to be appealed against is communicated to
the applicants, concerned officers and jurisdictional officers:
Provided that the officer authorised by the Commissioner may file appeal within
a period of ninety days from the date on which the ruling sought to be appealed
against is communicated to the concerned officer or the jurisdictional officer:
Provided further that the National Appellate Authority may, if it is satisfied that
the appellant was prevented by a sufficient cause from presenting the appeal within
the said period of thirty days, or as the case may be, ninety days, allow such appeal to
be presented within a further period not exceeding thirty days.
Explanation.––For removal of doubts, it is clarified that the period of thirty
days or as the case may be, ninety days shall be counted from the date of communication
of the last of the conflicting rulings sought to be appealed against.
(3) Every appeal under this section shall be in such form, accompanied by such
fee and verified in such manner as may be prescribed.
101C. (1) The National Appellate Authority may, after giving an opportunity of Order of
being heard to the applicant, the officer authorised by the Commissioner, all Principal National
Appellate
Chief Commissioners, Chief Commissioners of Central tax and Chief Commissioner and Authority.
Commissioner of State tax of all States and Chief Commissioner and Commissioner of
Union territory tax of all Union territories, pass such order as it thinks fit, confirming or
modifying the rulings appealed against.
(2) If the members of the National Appellate Authority differ in opinion on any
point, it shall be decided according to the opinion of the majority.
(3) The order referred to in sub-section (1) shall be passed as far as possible
within a period of ninety days from the date of filing of the appeal under section 101B.
(4) A copy of the Advance Ruling pronounced by the National Appellate Authority
shall be duly signed by the Members and certified in such manner as may be prescribed
and shall be sent to the applicant, the officer authorised by the Commissioner, the
Board, the Chief Commissioner and Commissioner of State tax of all States and Chief
Commissioner and Commissioner of Union territory tax of all Union territories and to
the Authority or Appellate Authority, as the case may be, after such pronouncement.”.
106. In section 102 of the Central Goods and Services Tax Act, in the opening portion,— Amendment
of section
(a) after the words “Appellate Authority”, at both the places where they occur, 102.
the words “or the National Appellate Authority” shall be inserted;
(b) after the words and figures “or section 101”, the words, figures and letter “or
section 101C, respectively,” shall be inserted;
44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(c) for the words “or the appellant”, the words “,appellant, the Authority or the
Appellate Authority” shall be substituted.
Amendment 107. In section 103 of the Central Goods and Services Tax Act,––
of section
103. (i) after sub-section (1), the following sub-section shall be inserted, namely:––
“(1A) The Advance Ruling pronounced by the National Appellate Authority
under this Chapter shall be binding on—
(a) the applicants, being distinct persons, who had sought the ruling
under sub-section (1) of section 101B and all registered persons having
the same Permanent Account Number issued under the Income-tax
Act, 1961; 43 of 1961.

(b) the concerned officers and the jurisdictional officers in respect

of the applicants referred to in clause (a) and the registered persons having
the same Permanent Account Number issued under the Income-tax
43 of 1961.
Act, 1961.”;
(ii) in sub-section (2), after the words, brackets and figure “in sub-section (1)”,
the words, brackets, figure and letter “and sub-section (1A)” shall be inserted.
Amendment 108. In section 104 of the Central Goods and Services Tax Act, in sub-section (1),––
of section
104. (a) after the words “Authority or the Appellate Authority”, the words “or the
National Appellate Authority” shall be inserted;
(b) after the words and figures “of section 101”, the words, figures and letter “or
under section 101C” shall be inserted.
Amendment 109. In section 105 of the Central Goods and Services Tax Act,––
of section
105. (a) for the marginal heading, the following marginal heading shall be substituted,
namely:––
“Powers of Authority, Appellate Authority and National Appellate
Authority.”;
(b) in sub-section (1), after the words “Appellate Authority”, the words “or the
National Appellate Authority” shall be inserted;
(c) in sub-section (2), after the words “Appellate Authority”, the words “or the
National Appellate Authority” shall be inserted.
Amendment 110. In section 106 of the Central Goods and Services Tax Act,––
of section
106. (a) for the marginal heading, the following marginal heading shall be substituted,
namely:––
“Procedure of Authority, Appellate Authority and National Appellate
Authority.”;
(b) after the words “Appellate Authority”, the words “or the National Appellate
Authority” shall be inserted.
Amendment 111. In section 168 of the Central Goods and Services Tax Act, in sub-section (2), after
of section the word and figures “section 39,”, the words, brackets and figures “sub-section (1) of
168.
section 44, sub-sections (4) and (5) of section 52,” shall be inserted.
Amendment 112. In section 171 of the Central Goods and Services Tax Act, after sub-section (3),
of section the following shall be inserted, namely:––
171.
‘(3A) Where the Authority referred to in sub-section (2), after holding examination
as required under the said sub-section comes to the conclusion that any registered
person has profiteered under sub-section (1), such person shall be liable to pay penalty
equivalent to ten per cent. of the amount so profiteered:
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 45

Provided that no penalty shall be leviable if the profiteered amount is deposited

within thirty days of the date of passing of the order by the Authority.
Explanation.—For the purposes of this section, the expression “profiteered”
shall mean the amount determined on account of not passing the benefit of reduction
in rate of tax on supply of goods or services or both or the benefit of input tax credit to
the recipient by way of commensurate reduction in the price of the goods or services
or both.’.
113. (1) In the notification of the Government of India in the Ministry of Finance Amendment
(Department of Revenue) number G.S.R. 674(E), dated the 28th June, 2017, issued by the of notification
number G.S.R.
Central Government on the recommendations of the Council, under sub-section (1) of 674(E) issued
12 of 2017. section 11 of the Central Goods and Services Tax Act, 2017, in the Schedule, after S. No. 103 under sub-
and the entries relating thereto, the following S. No. and the entries shall be inserted and section (1) of
shall deemed to have been inserted retrospectively with effect from the 1st day of July, 2017, section 11 of
Central Goods
namely:–– and Services
Tax Act,
(1) (2) (3) retrospectively.
“103A 26 Uranium Ore Concentrate”.
(2) For the purposes of sub-section (1), the Central Government shall have and shall
be deemed to have the power to amend the notification referred to in sub-section (1) with
retrospective effect as if the Central Government had the power to amend the said notification
under sub-section (1) of section 11 of the said Act, retrospectively, at all material times.
(3) No refund shall be made of all such tax which has been collected, but which would
not have been so collected, if the notification referred to in sub-section (1) had been in force
at all material times.
Integrated Goods and Services Tax
13 of 2017. 114. After section 17 of the Integrated Goods and Services Tax Act, 2017, the following Insertion of
section shall be inserted, namely:–– new section
17A.
“17A. Where any amount has been transferred from the electronic cash ledger Transfer of
under this Act to the electronic cash ledger under the State Goods and Services Tax certain
amounts.
Act or the Union Territory Goods and Services Tax Act, the Government shall transfer
to the State tax account or the Union territory tax account, an amount equal to the
amount transferred from the electronic cash ledger, in such manner and within such
time, as may be prescribed.”.
115. (1) In the notification of the Government of India in the Ministry of Finance Amendment
(Department of Revenue) number G.S.R. 667(E), dated the 28th June, 2017, issued by the of notification
number G.S.R.
Central Government on the recommendations of the Council, under sub-section (1) of 667(E) issued
13 of 2017. section 6 of the Integrated Goods and Services Tax Act, 2017, in the Schedule, after S. No. 103 under sub-
and the entries relating thereto, the following S. No. and the entries shall be inserted and section (1) of
shall deemed to have been inserted retrospectively with effect from the 1st day of July, 2017, section 6 of
Integrated
namely:— Goods and
(1) (2) (3) Services Tax
Act,
“103A 26 Uranium Ore Concentrate”. retrospectively.

(2) For the purposes of sub-section (1), the Central Government shall have and shall
be deemed to have the power to amend the notification referred to in sub-section (1) with
retrospective effect as if the Central Government had the power to amend the said notification
under sub-section (1) of section 6 of the said Act, retrospectively, at all material times.
(3) No refund shall be made of all such tax which has been collected, but which would
not have been so collected, if the notification referred to in sub-section (1) had been in force
at all material times.
46 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Union Territory Goods and Services Tax

Amendment of 116. (1) In the notification of the Government of India in the Ministry of Finance
notification (Department of Revenue) number G.S.R. 711(E), dated the 28th June, 2017, issued by the
number G.S.R.
711(E) issued
Central Government on the recommendations of the Council, under sub-section (1) of
under sub- section 8 of the Union Territory Goods and Services Tax Act, 2017, in the Schedule, after 14 of 2017.
section (1) of S. No. 103 and the entries relating thereto, the following S. No. and the entries shall be
section 8 of inserted and shall deemed to have been inserted retrospectively with effect from the 1st day
Union
Territory Goods
of July, 2017, namely:––
and Services (1) (2) (3)
Tax Act,
retrospectively. “103A 26 Uranium Ore Concentrate”.
(2) For the purposes of sub-section (1), the Central Government shall have and shall
be deemed to have the power to amend the notification referred to in sub-section (1) with
retrospective effect as if the Central Government had the power to amend the said notification
under sub-section (1) of section 8 of the said Act, retrospectively, at all material times.
(3) No refund shall be made of all such tax which has been collected, but which would
not have been so collected, if the notification referred to in sub-section (1) had been in force
at all material times.
Service Tax
Special 117. (1) Notwithstanding anything contained in section 66B of Chapter V of the Finance
provision for Act, 1994 as it stood prior to its omission vide section 173 of the Central Goods and Services 32 of 1994.
retrospective
exemption
Tax Act, 2017 with effect from the 1st day of July, 2017 (hereinafter referred to as the said 12 of 2017.
from service Chapter), no service tax shall be levied or collected in respect of taxable service provided or
tax on service agreed to be provided by the State Government by way of grant of liquor licence, against
by way of consideration in the form of licence fee or application fee, by whatever name called, during
grant of liquor
licence.
the period commencing from the 1st day of April, 2016 and ending with the 30th day of June,
2017 (both days inclusive).
(2) Refund shall be made of all such service tax which has been collected, but which
would not have been so collected, had sub-section (1) been in force at all material times:
Provided that an application for the claim of refund of service tax shall be made within
a period of six months from the date on which the Finance (No. 2) Bill, 2019 receives the
assent of the President.
(3) Notwithstanding the omission of the said Chapter, the provisions of the said
Chapter shall apply for refund under this section retrospectively as if the said Chapter had
been in force at all material times.
Special 118. (1) Notwithstanding anything contained in section 66, as it stood prior to the 1st
provision for day of July, 2012, or in section 66B, as it stood prior to the 1st day of July, 2017, of Chapter V
retrospective
exemption
of the Finance Act, 1994, as it stood prior to its omission vide section 173 of the Central 32 of 1994.
from service Goods and Services Tax Act, 2017 (hereinafter referred to as the said Chapter), no service tax 12 of 2017.
tax in certain shall be levied or collected during the period commencing from the 1st day of July, 2003 and
cases relating ending with the 31st day of March, 2016 (both days inclusive), in respect of taxable services
to services
provided by
provided or agreed to be provided by the Indian Institutes of Management to the students
Indian as per the guidelines of the Central Government, by way of the following educational
Institutes of programmes, except Executive Development Programme, namely:—
Management
to students. (a) two years full time Post Graduate Programmes in Management for the Post
Graduate Diploma in Management, to which admissions are made on the basis of
Common Admission Test conducted by the Indian Institute of Management;
(b) fellow programme in Management;
(c) five years integrated programme in Management.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 47

(2) Refund shall be made of all such service tax which has been collected, but which
would not have been so collected, had sub-section (1) been in force at all material times:
Provided that an application for the claim of refund of service tax shall be made within
a period of six months from the date on which the Finance (No. 2) Bill, 2019 receives the
assent of the President.
(3) Notwithstanding the omission of the said Chapter, the provisions of the said
Chapter shall apply for refund under this section retrospectively as if the said Chapter had
been in force at all material times.
119. (1) Notwithstanding anything contained in section 66B of Chapter V of the Finance Special
Act, 1994, as it stood prior to its omission vide section 173 of the Central Goods and Services provision for
32 of 1994.
retrospective
12 of 2017. Tax Act, 2017 (hereinafter referred to as the said Chapter), no service tax shall be levied or exemption from
collected on upfront amount, called as premium, salami, cost, price, development charges or service tax in
by any other name, payable in respect of service by way of granting long term lease of thirty certain cases
relating to long
years or more of plots for development of infrastructure for financial business, provided or term lease of
agreed to be provided by the State Government Industrial Development Corporations or plots for
Undertakings or by any other entity having fifty per cent. or more of the ownership of the development of
infrastructure for
Central Government or the State Government or the Union territory, either directly or through financial
an entity which is wholly owned by the Central Government or the State Government or the business.
Union territory, to the developers in any industrial or financial business area during the
period commencing from the 1st day of October, 2013 and ending with the 30th day of June,
2017 (both days inclusive).
(2) Refund shall be made of all such service tax which has been collected, but which
would not have been so collected, had sub-section (1) been in force at all material times:
Provided that an application for the claim of refund of service tax shall be made within
a period of six months from the date on which the Finance (No. 2) Bill, 2019 receives assent
of the President.
(3) Notwithstanding the omission of the said Chapter, the provisions of the said
Chapter shall apply for refund under this section retrospectively as if the said Chapter had
been in force at all material times.
CHAPTER V
SABKA VISHWAS (LEGACY DISPUTE RESOLUTION) SCHEME, 2019
120. (1) This Scheme shall be called the Sabka Vishwas (Legacy Dispute Resolution) Short title and
Scheme, 2019 (hereafter in this Chapter referred to as the “Scheme”). commencement.

(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
121. In this Scheme, unless the context otherwise requires,— Definitions.

(a) “amount declared” means the amount declared by the declarant under
section 125;
(b) “amount estimated” means the amount estimated by the designated committee
under section 127;
(c) “amount in arrears” means the amount of duty which is recoverable as arrears
of duty under the indirect tax enactment, on account of—
(i) no appeal having been filed by the declarant against an order or an
order in appeal before expiry of the period of time for filing appeal; or
(ii) an order in appeal relating to the declarant attaining finality; or
(iii) the declarant having filed a return under the indirect tax enactment on
or before the 30th day of June, 2019, wherein he has admitted a tax liability but
not paid it;
48 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(d) “amount of duty” means the amount of central excise duty, the service tax
and the cess payable under the indirect tax enactment;
(e) “amount payable” means the final amount payable by the declarant as
determined by the designated committee and as indicated in the statement issued by it,
in order to be eligible for the benefits under this Scheme and shall be calculated as the
amount of tax dues less the tax relief;
(f ) “appellate forum” means the Supreme Court or the High Court or the Customs,
Excise and Service Tax Appellate Tribunal or the Commissioner ( Appeals);
(g) “audit” means any scrutiny, verification and checks carried out under the
indirect tax enactment, other than an enquiry or investigation, and will commence
when a written intimation from the central excise officer regarding conducting of audit
is received;
(h) “declarant” means a person who is eligible to make a declaration and files
such declaration under section 125;
(i ) “declaration” means the declaration filed under section 125;
(j) “departmental appeal” means the appeal filed by a central excise officer
authorised to do so under the indirect tax enactment, before the appellate forum;
(k) “designated committee” means the committee referred to in section 126;
(l) “discharge certificate” means the certificate issued by the designated
committee under section 127;
(m) ‘‘enquiry or investigation’’, under any of the indirect tax enactment, shall
include the following actions, namely:—
(i) search of premises;
(ii) issuance of summons;
(iii) requiring the production of accounts, documents or other evidence;
(iv) recording of statements;
(n) “indirect tax enactment” means the enactments specified in section 122;
(o) “order” means an order of determination under any of the indirect tax
enactment, passed in relation to a show cause notice issued under such indirect tax
enactment;
(p) “order in appeal” means an order passed by an appellate forum with respect
to an appeal filed before it;
(q) “person” includes—
(i) an individual;
(ii) a Hindu undivided family;
(iii) a company;
(iv) a society;
(v) a limited liability partnership;
(vi) a firm;
(vii) an association of persons or body of individuals, whether incorporated
or not;
(viii) the Government;
(ix) a local authority;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 49

(x) an assessee as defined in rule 2 of the Central Excise Rules, 2002;

(xi) every artificial juridical person, not falling within any of the preceding
clauses;
(r) ‘‘quantified”, with its cognate expression, means a written communication of
the amount of duty payable under the indirect tax enactment;
(s) “statement” means the statement issued by the designated committee under
section 127;
(t) “tax relief” means the amount of relief granted under section 124;
(u) all other words and expressions used in this Scheme, but not defined, shall
have the same meaning as assigned to them in the indirect tax enactment and in case of
any conflict between two or more such meanings in any indirect tax enactment, the
meaning which is more congruent with the provisions of this Scheme shall be adopted.
122. This Scheme shall be applicable to the following enactments, namely:— Application of
Scheme to
1 of 1944. (a) the Central Excise Act, 1944 or the Central Excise Tariff Act, 1985 or Chapter V indirect tax
5 of 1986. of the Finance Act, 1994 and the rules made thereunder; enactments.
32 of 1994.
(b) the following Acts, namely:—
27 of 1940. (i) the Agricultural Produce Cess Act,1940;
7 of 1942. (ii) the Coffee Act, 1942;
22 of 1946. (iii) the Mica Mines Labour Welfare Fund Act, 1946;
24 of 1947. (iv) the Rubber Act, 1947;
49 of 1953. (v) the Salt Cess Act, 1953;
16 of 1955. (vi) the Medicinal and Toilet Preparations (Excise Duties) Act, 1955;
(vii) the Additional Duties of Excise (Goods of Special Importance)
58 of 1957. Act, 1957;
(viii) the Mineral Products (Additional Duties of Excise and Customs)
57 of 1958. Act, 1958;
58 of 1959. (ix) the Sugar (Special Excise Duty) Act, 1959;
41 of 1963. (x) the Textiles Committee Act, 1963;
15 of 1966. (xi) the Produce Cess Act, 1966;
62 of 1972. (xii) the Limestone and Dolomite Mines Labour Welfare Fund Act, 1972;
28 of 1974. (xiii) the Coal Mines (Conservation and Development) Act, 1974;
47 of 1974. (xiv) the Oil Industry (Development) Act, 1974;
26 of 1975. (xv) the Tobacco Cess Act, 1975;
(xvi) the Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines
55 of 1976. Labour Welfare Cess Act, 1976;
56 of 1976. (xvii) the Bidi Workers Welfare Cess Act, 1976;
(xviii) the Additional Duties of Excise (Textiles and Textile Articles)
40 of 1978. Act, 1978;
3 of 1982. (xix) the Sugar Cess Act, 1982;
28 of 1983. (xx) the Jute Manufacturers Cess Act, 1983;
2 of 1986. (xxi) the Agricultural and Processed Food Products Export Cess Act, 1985;
50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(xxii) the Spices Cess Act, 1986; 11 of 1986.

(xxiii) the Finance Act, 2004; 22 of 2004.

(xxiv) the Finance Act, 2007; 17 of 2007.

(xxv) the Finance Act, 2015; 20 of 2015.

(xxvi) the Finance Act, 2016; 28 of 2016.

(c) any other Act, as the Central Government may, by notification in the Official
Gazette, specify.
Tax dues. 123. For the purposes of the Scheme, “tax dues” means—
(a) where—
(i) a single appeal arising out of an order is pending as on the 30th day of
June, 2019 before the appellate forum, the total amount of duty which is being
disputed in the said appeal;
(ii) more than one appeal arising out of an order, one by the declarant and
the other being a departmental appeal, which are pending as on the 30th day of
June, 2019 before the appellate forum, the sum of the amount of duty which is
being disputed by the declarant in his appeal and the amount of duty being
disputed in the departmental appeal:
Provided that nothing contained in the above clauses shall be applicable
where such an appeal has been heard finally on or before the 30th day of
June, 2019.
Illustration 1: The show cause notice to a declarant was for an amount of
duty of Rs.1000 and an amount of penalty of Rs.100. The order was for an
amount of duty of Rs.1000 and amount of penalty of Rs.100. The declarant files
an appeal against this order. The amount of duty which is being disputed is
Rs.1000 and hence the tax dues are Rs.1000.
Illustration 2: The show cause notice to a declarant was for an amount of
duty of Rs.1000 and an amount of penalty of Rs.100. The order was for an
amount of duty of Rs.900 and penalty of Rs. 90. The declarant files an appeal
against this order. The amount of duty which is being disputed is Rs. 900 and
hence tax dues are Rs.900.
Illustration 3: The show cause notice to a declarant was for an amount of
duty of Rs.1000 and an amount of penalty of Rs.100. The order was for an
amount of duty of Rs. 900 and penalty of Rs. 90. The declarant files an appeal
against this order of determination. The departmental appeal is for an amount of
duty of Rs. 100 and penalty of Rs. 10. The amount of duty which is being
disputed is Rs. 900 plus Rs. 100 i.e Rs. 1000 and hence tax dues are Rs. 1000.
Illustration 4: The show cause notice to a declarant was for an amount of
duty of Rs. 1000. The order was for an amount of duty of Rs.1000. The declarant
files an appeal against this order of determination. The first appellate authority
reduced the amount of duty to Rs. 900. The declarant files a second appeal. The
amount of duty which is being disputed is Rs. 900 and hence tax dues are
Rs. 900;
(b) where a show cause notice under any of the indirect tax enactment has been
received by the declarant on or before the 30th day of June, 2019, then, the amount of
duty stated to be payable by the declarant in the said notice:
Provided that if the said notice has been issued to the declarant and other
persons making them jointly and severally liable for an amount, then, the amount
indicated in the said notice as jointly and severally payable shall be taken to be the
amount of duty payable by the declarant;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 51

(c) where an enquiry or investigation or audit is pending against the declarant,

the amount of duty payable under any of the indirect tax enactment which has been
quantified on or before the 30th day of June, 2019;
(d) where the amount has been voluntarily disclosed by the declarant, then, the
total amount of duty stated in the declaration;
(e) where an amount in arrears relating to the declarant is due, the amount in
arrears.
124. (1) Subject to the conditions specified in sub-section (2), the relief available to a Relief
declarant under this Scheme shall be calculated as follows:— available under
Scheme.
(a) where the tax dues are relatable to a show cause notice or one or more
appeals arising out of such notice which is pending as on the 30th day of June, 2019,
and if the amount of duty is,—
(i) rupees fifty lakhs or less, then, seventy per cent. of the tax dues;
(ii) more than rupees fifty lakhs, then, fifty per cent. of the tax dues;
(b) where the tax dues are relatable to a show cause notice for late fee or penalty
only, and the amount of duty in the said notice has been paid or is nil, then, the entire
amount of late fee or penalty;
(c) where the tax dues are relatable to an amount in arrears and,—
(i) the amount of duty is, rupees fifty lakhs or less, then, sixty per cent. of
the tax dues;
(ii) the amount of duty is more than rupees fifty lakhs, then, forty per cent.
of the tax dues;
(iii) in a return under the indirect tax enactment, wherein the declarant has
indicated an amount of duty as payable but not paid it and the duty amount
indicated is,—
(A) rupees fifty lakhs or less, then, sixty per cent. of the tax dues;
(B) amount indicated is more than rupees fifty lakhs, then, forty per
cent. of the tax dues;
(d) where the tax dues are linked to an enquiry, investigation or audit against the
declarant and the amount quantified on or before the 30th day of June, 2019 is—
(i) rupees fifty lakhs or less, then, seventy per cent. of the tax dues;
(ii) more than rupees fifty lakhs, then, fifty per cent. of the tax dues;
(e) where the tax dues are payable on account of a voluntary disclosure by the
declarant, then, no relief shall be available with respect to tax dues.
(2) The relief calculated under sub-section (1) shall be subject to the condition that
any amount paid as predeposit at any stage of appellate proceedings under the indirect tax
enactment or as deposit during enquiry, investigation or audit, shall be deducted when
issuing the statement indicating the amount payable by the declarant:
Provided that if the amount of predeposit or deposit already paid by the declarant
exceeds the amount payable by the declarant, as indicated in the statement issued by the
designated committee, the declarant shall not be entitled to any refund.
125. (1) All persons shall be eligible to make a declaration under this Scheme except Declaration
the following, namely:— under Scheme.

(a) who have filed an appeal before the appellate forum and such appeal has
been heard finally on or before the 30th day of June, 2019;
52 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) who have been convicted for any offence punishable under any provision of
the indirect tax enactment for the matter for which he intends to file a declaration;
(c) who have been issued a show cause notice, under indirect tax enactment and
the final hearing has taken place on or before the 30th day of June, 2019;
(d) who have been issued a show cause notice under indirect tax enactment for
an erroneous refund or refund;
(e) who have been subjected to an enquiry or investigation or audit and the
amount of duty involved in the said enquiry or investigation or audit has not been
quantified on or before the 30th day of June, 2019;
(f) a person making a voluntary disclosure,—
(i) after being subjected to any enquiry or investigation or audit; or
(ii) having filed a return under the indirect tax enactment, wherein he has
indicated an amount of duty as payable, but has not paid it;
(g) who have filed an application in the Settlement Commission for settlement of
a case;
(h) persons seeking to make declarations with respect to excisable goods set
forth in the Fourth Schedule to the Central Excise Act, 1944. 1 of 1944.

(2) A declaration under sub-section (1) shall be made in such electronic form as may be
prescribed.
Verification of 126. (1) The designated committee shall verify the correctness of the declaration made
declaration by by the declarant under section 125 in such manner as may be prescribed:
designated
committee. Provided that no such verification shall be made in case where a voluntary disclosure
of an amount of duty has been made by the declarant.
(2) The composition and functioning of the designated committee shall be such as
may be prescribed.
Issue of 127. (1) Where the amount estimated to be payable by the declarant, as estimated by
statement by the designated committee, equals the amount declared by the declarant, then, the designated
designated
committee. committee shall issue in electronic form, a statement, indicating the amount payable by the
declarant, within a period of sixty days from the date of receipt of the said declaration.
(2) Where the amount estimated to be payable by the declarant, as estimated by the
designated committee, exceeds the amount declared by the declarant, then, the designated
committee shall issue in electronic form, an estimate of the amount payable by the declarant
within thirty days of the date of receipt of the declaration.
(3) After the issue of the estimate under sub-section (2), the designated committee
shall give an opportunity of being heard to the declarant, if he so desires, before issuing the
statement indicating the amount payable by the declarant:
Provided that on sufficient cause being shown by the declarant, only one adjournment
may be granted by the designated committee.
(4) After hearing the declarant, a statement in electronic form indicating the amount
payable by the declarant, shall be issued within a period of sixty days from the date of receipt
of the declaration.
(5) The declarant shall pay electronically through internet banking, the amount payable
as indicated in the statement issued by the designated committee, within a period of thirty
days from the date of issue of such statement.
(6) Where the declarant has filed an appeal or reference or a reply to the show cause
notice against any order or notice giving rise to the tax dues, before the appellate forum,
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 53

other than the Supreme Court or the High Court, then, notwithstanding anything contained
in any other provisions of any law for the time being in force, such appeal or reference or
reply shall be deemed to have been withdrawn.
(7) Where the declarant has filed a writ petition or appeal or reference before any High
Court or the Supreme Court against any order in respect of the tax dues, the declarant shall
file an application before such High Court or the Supreme Court for withdrawing such writ
petition, appeal or reference and after withdrawal of such writ petition, appeal or reference
with the leave of the Court, he shall furnish proof of such withdrawal to the designated
committee, in such manner as may be prescribed, along with the proof of payment referred to
in sub-section (5).
(8) On payment of the amount indicated in the statement of the designated committee
and production of proof of withdrawal of appeal, wherever applicable, the designated
committee shall issue a discharge certificate in electronic form, within thirty days of the said
payment and production of proof.
128. Within thirty days of the date of issue of a statement indicating the amount Rectification
payable by the declarant, the designated committee may modify its order only to correct an of errors.
arithmetical error or clerical error, which is apparent on the face of record, on such error being
pointed out by the declarant or suo motu, by the designated committee.
129. (1) Every discharge certificate issued under section 126 with respect to the amount Issue of
payable under this Scheme shall be conclusive as to the matter and time period stated discharge
therein, and— certificate to
be conclusive
(a) the declarant shall not be liable to pay any further duty, interest, or penalty of matter and
time period.
with respect to the matter and time period covered in the declaration;
(b) the declarant shall not be liable to be prosecuted under the indirect tax
enactment with respect to the matter and time period covered in the declaration;
(c) no matter and time period covered by such declaration shall be reopened in
any other proceeding under the indirect tax enactment.
(2) Notwithstanding anything contained in sub-section (1),—
(a) no person being a party in appeal, application, revision or reference shall
contend that the central excise officer has acquiesced in the decision on the disputed
issue by issuing the discharge certificate under this scheme;
(b) the issue of the discharge certificate with respect to a matter for a time period
shall not preclude the issue of a show cause notice,—
(i) for the same matter for a subsequent time period; or
(ii) for a different matter for the same time period;
(c) in a case of voluntary disclosure where any material particular furnished in
the declaration is subsequently found to be false, within a period of one year of issue
of the discharge certificate, it shall be presumed as if the declaration was never made
and proceedings under the applicable indirect tax enactment shall be instituted.
130. (1) Any amount paid under this Scheme,— Restrictions of
Scheme.
(a) shall not be paid through the input tax credit account under the indirect tax
enactment or any other Act;
(b) shall not be refundable under any circumstances;
(c) shall not, under the indirect tax enactment or under any other Act,—
(i) be taken as input tax credit; or
54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(ii) entitle any person to take input tax credit, as a recipient, of the excisable
goods or taxable services, with respect to the matter and time period covered in
the declaration.
(2) In case any predeposit or other deposit already paid exceeds the amount payable
as indicated in the statement of the designated committee, the difference shall not be refunded.
Removal of 131. For the removal of doubts, it is hereby declared that, save as otherwise expressly
doubts. provided in sub-section (1) of section 124, nothing contained in this Scheme shall be construed
as conferring any benefit, concession or immunity on the declarant in any proceedings other
than those in relation to the matter and time period to which the declaration has been made.
Power to 132. (1) The Central Government may, by notification in the Official Gazette, make rules
make rules. for carrying out the provisions of this Scheme.
(2) Without prejudice to the generality of the foregoing power, such rules may provide
for all or any of the following matters, namely:—
(a) the form in which a declaration may be made and the manner in which such
declaration may be verified;
(b) the manner of constitution of the designated committee and its rules of
procedure and functioning;
( c) the form and manner of estimation of amount payable by the declarant and
the procedure relating thereto;
(d) the form and manner of making the payment by the declarant and the intimation
regarding the withdrawal of appeal;
(e) the form and manner of the discharge certificate which may be granted to the
declarant;
(f) the manner in which the instructions may be issued and published;
(g) any other matter which is to be, or may be, prescribed, or in respect of which
provision is to be made, by rules.
(3) The Central Government shall cause every rule made under this Scheme to be laid,
as soon as may be after it is made, before each House of Parliament, while it is in session for
a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
Power to issue 133. (1) The Central Board of Indirect Taxes and Customs may, from time to time,
orders, issue such orders, instructions and directions to the authorities, as it may deem fit, for the
instructions,
etc. proper administration of this Scheme, and such authorities, and all other persons employed
in the execution of this Scheme shall observe and follow such orders, instructions and
directions:
Provided that no such orders, instructions or directions shall be issued so as to require
any designated authority to dispose of a particular case in a particular manner.
(2) Without prejudice to the generality of the foregoing power, the Central Board of
Indirect Taxes and Customs may, if it considers necessary or expedient so to do, for the
purpose of proper and efficient administration of the Scheme and collection of revenue,
issue, from time to time, general or special orders in respect of any class of cases, setting
forth directions or instructions as to the guidelines, principles or procedures to be followed
by the authorities in the work relating to administration of the Scheme and collection of
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 55

revenue and any such order may, if the said Board is of opinion that it is necessary in the
public interest so to do, be published in the prescribed manner.
134. (1) If any difficulty arises in giving effect to the provisions of this Scheme, the Removal of
Central Government may, by order, not inconsistent with the provisions of this Scheme, difficulties.
remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from
the date on which the provisions of this Scheme come into force.
(2) Every order made under this section shall, as soon as may be after it is made, be laid
before each House of Parliament.
135. (1) No suit, prosecution or other legal proceeding shall lie against the Central Protection to
Government or any officer of the Central Government for anything which is done, or intended officers.
to be done in good faith, in pursuance of this Scheme or any rule made thereunder.
(2) No proceeding, other than a suit shall be commenced against the Central Government
or any officer of the Central Government for anything done or purported to have been done
in pursuance of this Scheme, or any rule made thereunder, without giving the Central
Government or such officer a prior notice of not less than one month in writing of the
intended proceeding and of the cause thereof, or after the expiration of three months from the
accrual of such cause.
(3) No proceeding shall be commenced against any officer only on the ground of
subsequent detection of an error in calculating the amount of duty payable by the declarant,
unless there is evidence of misconduct.
CHAPTER VI
MISCELLANEOUS
PART I
AMENDMENTS TO THE RESERVE BANK OF INDIA ACT, 1934
136. The provisions of this Part shall come into force on such date as the Central Commencement
Government may, by notification in the Official Gazette, appoint. of this Part.

2 of 1934. 137. In the Reserve Bank of India Act, 1934 (hereafter in this Part referred to as the Amendment
principal Act), in section 45-IA, in sub-section (1), for clause (b), the following shall be of section 45-
IA.
substituted, namely:—
“(b) having the net owned fund of twenty-five lakh rupees or such other amount,
not exceeding hundred crore rupees, as the Bank may, by notification in the Official
Gazette, specify:
Provided that the Bank may notify different amounts of net owned fund for
different categories of non-banking financial companies.”.
138. After section 45-IC of the principal Act, the following sections shall be inserted, Insertion of
namely:— new sections
45-ID and 45-
IE.

“45-ID. (1) Where the Bank is satisfied that in the public interest or to prevent Power of
the affairs of a non-banking financial company being conducted in a manner detrimental Bank to
remove
to the interest of the depositors or creditors, or financial stability or for securing the
directors from
proper management of such company, it is necessary so to do, the Bank may, by order office.
and for reasons to be recorded in writing, remove from office, a director (by whatever
name called) of such company, other than Government owned non-banking financial
company with effect from such date as may be specified in the said order.
(2) No order under sub-section (1) shall be made unless the director concerned
has been given a reasonable opportunity of making a representation to the Bank
against the proposed order:
56 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Provided that if, in the opinion of the Bank, any delay will be detrimental to the
interest of the said company or its depositors, the Bank may, at the time of giving the
aforesaid opportunity or at any time thereafter, by order direct that, pending the
consideration of the representation, if any, the director, shall not, with effect from the
date of such order––
(a) act as such director of that company;
(b) in any way, whether directly or indirectly, be concerned with or take
part in the management of that company.
(3) Where any order is made in respect of a director of a company under
sub-section (1), he shall cease to be a director of that non-banking financial company
and shall not, in any way, whether directly or indirectly, be concerned with, or take part
in the management of any non-banking financial company for such period not exceeding
five years at a time as may be specified in the order.
(4) Where an order under sub-section (1) has been made, the Bank may, by order
in writing, appoint a suitable person in place of the director, who has been so removed
from his office, with effect from such date as may be specified in such order.
(5) Any person appointed under sub-section (4) shall,—
(a) hold office during the pleasure of the Bank and subject thereto for a
period not exceeding three years or such further periods not exceeding three
years at a time;
(b) not incur any obligation or liability by reason only of his being a
director for anything done or omitted to be done in good faith in the execution of
the duties of his office or in relation thereto.
(6) Notwithstanding anything contained in any other law for the time being in
force or in any contract, memorandum or articles of association, on the removal of a
director from office under this section, such director shall not be entitled to claim any
compensation for the loss or termination from office.
Supersession 45-IE. (1) Where the Bank is satisfied that in the public interest or to prevent
of Board of the affairs of a non-banking financial company being conducted in a manner
directors of detrimental to the interest of the depositors or creditors, or of the non-banking
non-banking
financial financial company (other than Government Company), or for securing the proper
company management of such company or for financial stability, it is necessary so to do, the
(other than Bank may, for reasons to be recorded in writing, by order, supersede the Board of
Government Directors of such company for a period not exceeding five years as may be specified
Company).
in the order, which may be extended from time to time, so, however, that the total
period shall not exceed five years.
(2) The Bank may, on supersession of the Board of Directors of the non-banking
financial company under sub-section (1), appoint a suitable person as the Administrator
for such period as it may determine.
(3) The Bank may issue such directions to the Administrator as it may deem
appropriate and the Administrator shall be bound to follow such directions.
(4) Upon making the order of supersession of the Board of Directors of a non-
banking financial company,––
(a) the chairman, managing director and other directors shall from the date
of supersession of the Board of Directors vacate their offices;
(b) all the powers, functions and duties, which may, by or under the
provisions of this Act or any other law for the time being in force, be exercised
and discharged by or on behalf of the Board of Directors of such non-banking
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 57

financial company or by a resolution passed in general meeting of such non-

banking financial company, shall, until the Board of Directors of such company
is reconstituted, be exercised and discharged by the Administrator referred to in
sub-section (2).
(5) (a) The Bank may constitute a committee consisting of three or more members
who have experience in law, finance, banking, administration or accountancy to assist
the Administrator in discharge of his duties.
(b) The committee shall meet at such times and places and observe such rules of
procedure as may be specified by the Bank.
(6) The salary and allowances payable to the Administrator and the members of the
committee constituted by the Bank shall be such as may be specified by the Bank and be
paid by the concerned non-banking financial company.
(7) On or before the expiration of the period of supersession of the Board of
Directors as specified in the order issued under sub-section (1), the Administrator of
the non-banking financial company shall facilitate reconstitution of the Board of
Directors of the non-banking financial company.
(8) Notwithstanding anything contained in any other law for the time being in
force or in any contract, no person shall be entitled to claim any compensation for the
loss or termination of his office.
(9) The Administrator referred to in sub-section (2) shall vacate office immediately
after the Board of Directors of the non-banking financial company has been
reconstituted.”.
139. After section 45MA of the principal Act, the following section shall be inserted, Insertion of
namely:— new section
45MAA.

‘‘45MAA. Where any auditor fails to comply with any direction given or order Power to take
made by the Bank under section 45MA, the Bank, may, if satisfied, remove or debar the action against
auditors.
auditor from exercising the duties as auditor of any of the Bank regulated entities for a
maximum period of three years, at a time.”.
140. After section 45MB of the principal Act, the following section shall be inserted, Insertion of
namely:— new section
45MBA.

‘45MBA. (1) Without prejudice to any other provision of this Act or any other Resolution of
law for the time being in force, the Bank may, if it is satisfied, upon an inspection of the non-banking
financial
Books of a non-banking financial company that it is in the public interest or in the company.
interest of financial stability so to do for enabling the continuance of the activities
critical to the functioning of the financial system, frame schemes which may provide
for any one or more of the following, namely:––
(a) amalgamation with any other non-banking institution;
(b) reconstruction of the non-banking financial company;
(c) splitting the non-banking financial company into different units or
institutions and vesting viable and non-viable businesses in separate units or
institutions to preserve the continuity of the activities of that non-banking
financial company that are critical to the functioning of the financial system and
for such purpose establish institutions called “Bridge Institutions”.
Explanation.––For the purposes of this sub-section, “Bridge Institutions”
mean temporary institutional arrangement made under the scheme referred to in
58 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

this sub-section, to preserve the continuity of the activities of a non-banking

financial company that are critical to the functioning of the financial system.
(2) Without prejudice to the generality of the foregoing provisions, the scheme
referred to in sub-section (1) may provide for––
(a) reduction of the pay and allowances of the chief executive officer,
managing director, chairman or any officer in the senior management of the non-
banking financial company;
(b) cancellation of all or some of the shares of the non-banking financial
company held by the chief executive officer, managing director, chairman or any
officer in the senior management of the non-banking financial company or their
relatives;
(c) sale of any of the assets of the non-banking financial company.
(3) The chief executive officer, managing director, chairman or any officer in the senior
management of the non-banking financial company whose pay and allowances are reduced
or the shareholders whose shares are cancelled under the scheme shall not be entitled to any
compensation.’.
Insetion of 141. After section 45NA of the principal Act, the following section shall be inserted,
new section namely:—
45NAA.
Power in “45NAA. (1) The Bank may, at any time, direct a non-banking financial company
respect of to annex to its financial statements or furnish separately, within such time and at such
group intervals as may be specified by the Bank, such statements and information relating to
companies.
the business or affairs of any group company of the non-banking financial company
as the Bank may consider necessary or expedient to obtain for the purposes of this
Act.
(2) Notwithstanding anything to the contrary contained in the Companies
Act, 2013, the Bank may, at any time, cause an inspection or audit to be made of any 18 of 2013.
group company of a non-banking financial company and its books of account.
Explanation.––For the purposes of this section,––
(a) “group company” shall mean an arrangement involving two or more
entities related to each other through any of the following relationships, namely:—
(i) subsidiary— parent (as may be notified by the Bank in accordance
with Accounting Standards);
(ii) joint venture (as may be notified by the Bank in accordance with
Accounting Standards);
(iii) associate (as may be notified by the Bank in accordance with
Accounting Standards);
(iv) promoter-promotee (under the Securities and Exchange Board
of India Act, 1992 or the rules or regulations made thereunder for listed 15 of 1992.
companies);
(v) related party;
(vi) common brand name (that is usage of a registered brand name of
an entity by another entity for business purposes); and
(vii) investment in equity shares of twenty per cent. and above in
the entity;
(b) “Accounting Standards” means the Accounting Standards notified by
the Central Government under section 133, read with section 469 of the Companies 18 of 2013.
Act, 2013 and sub-section (1) of section 210A of the Companies Act, 1956.”. 1 of 1956.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 59

142. In section 58B of the principal Act,–– Amendment

of section
(i) in sub-section (2), for the words “two thousand rupees” and “one hundred 58B.
rupees”, the words “one lakh rupees” and “five thousand rupees” shall respectively
be substituted;
(ii) in sub-section (4A), for the words “five lakh rupees”, the words “twenty-five
lakh rupees” shall be substituted;
(iii) in sub-section (4AA), for the words “five thousand rupees”, the words “ten
lakh rupees” shall be substituted;
(iv) in sub-section (4AAA), for the words “rupees fifty”, the words “five thousand
rupees” shall be substituted;
(v) in sub-section (5),––
(A) in clause (a), for the words “any deposit”, the words “any deposit
without being authorised so to do or” shall be substituted;
(B) in clause (b), for the word, figures and letters “section 45NA”, the
word, figures and letter “section 45J” shall be substituted;
(vi) in sub-section (6), for the words “two thousand rupees” and “one hundred
rupees”, the words “one lakh rupees” and “ten thousand rupees” shall respectively be
substituted.
143. In section 58G of the principal Act, in sub-section (1),— Amendment
of section
(A) in clause (a), for the words ‘‘five thousand’’, the words ‘‘twenty-five 58G.
thousand’’ shall be substituted;
(B) in clause (b), for the words ‘‘five lakh’’ and ‘‘twenty-five thousand’’, the
words ‘‘ten lakh’’ and ‘‘one lakh’’ respectively shall be substituted.
PART II
AMENDMENT TO THE INSURANCE ACT, 1938
144. In the Insurance Act, 1938, in section 6, after sub-section (2), the following Amendment
of Act 4 of
sub-section shall be inserted, namely:–– 1938.
“(3) No insurer, being a foreign company engaged in re-insurance business
through a branch established in an International Financial Services Centre referred to
28 of 2005. in sub-section (1) of section 18 of the Special Economic Zones Act, 2005, shall be
registered unless it has net owned funds of not less than rupees one thousand crore.”.
PART III
AMENDMENT TO THE SECURITIES CONTRACTS (REGULATION) ACT, 1956
145. The provisions of this Part shall come into force on such date as the Central Commencement
Government may, by notification in the Official Gazette, appoint. of this Part.

146. In the Securities Contracts (Regulation) Act, 1956, in section 23A, in clause (a), Amendment
for the words “report to a recognised stock exchange, fails to furnish the same within the time of Act 42 of
1956.
specified therefor in the listing agreement or conditions or bye-laws of the recognised stock
exchange or who furnishes”, the words “report to a recognised stock exchange or to the
Board, fails to furnish the same within the time specified therefor in the listing agreement or
conditions or bye-laws of the recognised stock exchange or the Act or rules made thereunder,
or who furnishes” shall be substituted.
PART IV
AMENDMENT TO THE BANKING COMPANIES (ACQUISITION AND
TRANSFER OF UNDERTAKINGS) ACT, 1970
147. The provisions of this Part shall come into force on such date as the Central Commencement
Government may, by notification in the Official Gazette, appoint. of this Part.
60 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment of 148. In the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970,
Act 5 of 1970. in section 9, in sub-section (3), for clause (a), the following clause shall be substituted,
namely:—
‘(a) not more than five whole-time directors to be appointed by the Central
Government after consultation with the Reserve Bank:
Provided that the Central Government, may, after consultation with the Reserve
Bank, by notification published in the Official Gazette, post a whole-time director so
appointed to any other corresponding new bank.
Explanation.—For the purposes of this clause, the expression “corresponding
new bank” shall include a “corresponding new bank” as defined in clause (b) of
section 2 of the Banking Companies (Acquisition and Transfer of Undertakings)
Act, 1980;’.
PART V
AMENDMENT TO THE GENERAL INSURANCE BUSINESS
(NATIONALISATION) ACT, 1972
Amendment of 149. In the General Insurance Business (Nationalisation) Act, 1972, in section 16, in
Act 57 of sub-section (2), for the words “only four companies”, the words “up to four companies”
1972. shall be substituted.
PART VI
AMENDMENT TO THE BANKING COMPANIES (ACQUISITION AND
TRANSFER OF UNDERTAKINGS) ACT, 1980
Commencement 150. The provisions of this Part shall come into force on such date as the Central
of this Part. Government may, by notification in the Official Gazette, appoint.
Amendment of 151. In the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980,
Act 40 of in section 9, in sub-section (3), for clause (a), the following clause shall be substituted,
1980. namely:—
‘(a) not more than five whole-time directors to be appointed by the Central
Government after consultation with the Reserve Bank:
Provided that the Central Government, may, after consultation with the Reserve
Bank, by notification published in the Official Gazette, post a whole-time director so
appointed to any other corresponding new bank.
Explanation.— For the purposes of this clause, the expression “corresponding
new bank” shall include a “corresponding new bank” as defined in clause (d) of
section 2 of the Banking Companies (Acquisition and Transfer of Undertakings)
Act, 1970;’.
PART VII
AMENDMENTS TO THE NATIONAL HOUSING BANK ACT, 1987
Commencement 152. The provisions of this Part shall come into force on such date as the Central
of this Part. Government may, by notification in the Official Gazette, appoint.
Substitution of 153. In the National Housing Bank Act, 1987 (hereafter in this Part referred to as the 53 of 1987.
heading of principal Act), in Chapter V, for the heading, the following heading shall be substituted,
Chapter V. namely:—
“PROVISIONS RELATING TO HOUSING FINANCE INSTITUTIONS”
Amendment 154. In section 29A of the principal Act,—
of section
29A. (a) for sub-sections (1) and (2), the following sub-sections shall be substituted,
namely:—
“(1) Notwithstanding anything contained in this Chapter or in any other
law for the time being in force, no housing finance institution which is a company
shall commence housing finance as its principal business or carry on the business
of housing finance as its principal business without—
(a) obtaining a certificate of registration issued under this Chapter;
and
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 61

(b) having the net owned fund of ten crore rupees or such other
higher amount, as the Reserve Bank may, by notification, specify.
(2) Every housing finance institution which is a company shall make an
application for registration to the Reserve Bank in such form as may be specified
by the Reserve Bank:
Provided that an application made by a housing finance institution which
is a company to the National Housing Bank and pending for consideration with
the National Housing Bank as on the date of commencement of the provisions of
Part VII of Chapter VI of the Finance (No.2) Act, 2019, shall stand transferred to
the Reserve Bank and thereupon the application shall be deemed to have been
made under the provisions of this sub-section and shall be dealt with accordingly:
Provided further that the provisions of this sub-section shall not apply to
the housing finance institution which is a company and having a valid registration
certificate granted under sub-section (5) on the date of commencement of the
provisions of Part VII of Chapter VI of the Finance (No.2) Act, 2019, and such
housing finance institution shall be deemed to have been granted a certificate of
registration under the provision of this Act.”;
(b) sub-section (3) shall be omitted;
(c) in sub-section (4),—
(i) for the words “National Housing Bank” at both the places where they
occur, the words “Reserve Bank” shall be substituted;
(ii) after clause (g), the following proviso shall be inserted, namely:––
“Provided that the Reserve Bank may, wherever it considers necessary so
to do, require the National Housing Bank to inspect the books of such housing
finance institution and submit a report to the Reserve Bank for the purpose of
considering the application.”;
(d) in sub-section (5), for the words “National Housing Bank”, the words “Reserve
Bank” shall be substituted;
(e) in sub-section (6),—
(i) in the opening portion, for the words “National Housing Bank”, the
words “Reserve Bank” shall be substituted;
(ii) in clause (iv), for the words “National Housing Bank” wherever they
occur, the words “Reserve Bank or the National Housing Bank” shall be
substituted;
(iii) in the first proviso,—
(A) for the words “housing finance institution” at both the places
where they occur, the words “housing finance institution which is a
company” shall be substituted;
(B) for the words “National Housing Bank” at both the places where
they occur, the words “Reserve Bank” shall be substituted;
(f) in sub-section (7),––
(i) for the words “National Housing Bank”, the words “Reserve Bank”
shall be substituted;
(ii) in the Explanation,––
(A) in clause (I), in sub-clause (b), in item (1), for sub-item (iii), the
following sub-item shall be substituted, namely:—
“(iii) all other housing finance companies; and”;
62 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(B) for clause (II), the following clause shall be substituted, namely—
‘(II) the expressions “subsidiaries” and “companies in the same group”
shall have the meanings respectively assigned to them in the Companies
Act, 2013: 18 of 2013.

Provided that the National Housing Bank shall, in consultation with the
Reserve Bank, specify the companies to be deemed to be in the same group.’.

Amendment 155. In section 29B of the principal Act,—

of section
29B. (i) for the words “housing finance institution” wherever they occur, the words
“housing finance institution which is a company” shall be substituted;
(ii) in sub-section (1), for the words “National Housing Bank”, the words “Reserve
Bank” shall be substituted;
(iii) in sub-section (2), for the words “such higher percentage not exceeding
twenty-five per cent., as the National Housing Bank may”, the words “such higher
percentage not exceeding twenty-five per cent., as the Reserve Bank may” shall be
substituted;
(iv) in sub-section (3), for the words “National Housing Bank” at both the places
where they occur, the words “Reserve Bank” shall be substituted.
Amendment 156. In section 29C of the principal Act, in sub-section (2),––
of section
29C. (a) for the words “specified by the National Housing Bank”, the words “specified
by the Reserve Bank” shall be substituted;
(b) for the words “reported to the National Housing Bank”, the words “reported
to the National Housing Bank and the Reserve Bank” shall be substituted;
(c) in the proviso, for the words “Provided that the National Housing Bank”, the
words “Provided that the National Housing Bank or the Reserve Bank” shall be
substituted;
(d) in sub-section (3), for the words “the National Housing Bank”, the words
“the Reserve Bank” shall be substituted.
Substitution of 157. For section 30 of the principal Act, the following section shall be substituted,
section 30. namely:—

Reserve Bank “30. The Reserve Bank may, if it considers necessary in the public interest so to
to regulate or do, by general or special order,—
prohibit issue
of prospectus (a) regulate or prohibit the issue by any housing finance institution which
or
is a company of any prospectus or advertisement soliciting deposits of money
advertisement
soliciting from the public; and
deposits of
money.
(b) specify the conditions subject to which any such prospectus or
advertisement, if not prohibited, may be issued.”.
Substitution of 158. For section 30A of the principal Act, the following section shall be substituted,
section 30A. namely:—

Power of “30A. (1) If the Reserve Bank is satisfied that, in the public interest or to regulate
Reserve Bank the housing finance system of the country to its advantage or to prevent the affairs of
to determine
policy and
any housing finance institution which is a company being conducted in a manner
issue detrimental to the interest of the depositors or in a manner prejudicial to the interest of
directions. such housing finance institutions, it is necessary or expedient so to do, it may determine
the policy and give directions to all or any of the housing finance institution which is
a company relating to income recognition, accounting standards, making of proper
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 63

provision for bad and doubtful debts, capital adequacy based on risk weights for
assets and credit conversion factors for off balance-sheet items and also relating to
deployment of funds by a housing finance institution which is a company or a group
of such housing finance institutions or housing finance institutions which are
companies generally, as the case may be, and such housing finance institutions shall
be bound to follow the policy so determined and the direction so issued.
(2) Without prejudice to the generality of the powers vested under sub-section (1),
the Reserve Bank may give directions to housing finance institutions which are
companies generally or to a group of such housing finance institutions or to any
housing finance institution which is a company in particular as to—
(a) the purpose for which advances or other fund-based or non-fund-
based accommodation may not be made; and
(b) the maximum amount of advances or other financial accommodation or
investment in shares and other securities which, having regard to the paid-up
capital, reserves and deposits of the housing finance institution and other relevant
considerations, may be made by that housing finance institution to any person
or a company or to a group of companies.
(3) The Reserve Bank may, if it considers necessary in the public interest so to
do, issue directions to housing finance institutions which are companies accepting
deposits referred to in section 31, either generally or to any group of such housing
finance institutions accepting deposits, and in particular, in respect of any matters
relating to, or connected with, the receipt of deposits, including credit rating of the
housing finance institution which is a company accepting deposits, the rates of interest
payable on such deposits, and the periods for which deposits may be received.
(4) If any housing finance institution which is a company accepting deposits
fails to comply with any direction issued under sub-section (3), the Reserve Bank may,
by order, prohibit the acceptance of deposits by that housing finance institution.”.

159. For section 31 of the principal Act, the following section shall be substituted, Substitution of
section 31.
namely:—
“31. (1) The National Housing Bank may at any time direct that every housing Power of
finance institution which is a company accepting deposits shall furnish to the National National
Housing Bank and the Reserve Bank in such form, at such intervals and within such Housing Bank
to collect
time, such statements, information or particulars relating to or connected with deposits information
received by such housing finance institution, as may be specified by the National from housing
Housing Bank by general or special order. finance
institutions as
(2) Without prejudice to the generality of the power vested in the National to deposits.
Housing Bank under sub-section (1), the statements, information or particulars to be
furnished under sub-section (1), may relate to all or any of the following matters,
namely, the amount of the deposits, the purposes and periods for which, and the rates
of interest and other terms and conditions on which, such deposits are received.
(3) Every housing finance institution which is a company receiving deposits,
shall, if so required by the National Housing Bank and within such time as the National
Housing Bank may specify, cause to be sent at the cost of such housing finance
institution, a copy of its annual balance-sheet and profit and loss account or other
annual accounts to every person from whom the housing finance institution which is
a company holds, as on the last day of the year to which the accounts relate, deposits
higher than such sum as may be specified by the National Housing Bank.”.
64 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Substitution of 160. For section 32 of the principal Act, the following section shall be substituted,
section 32.
namely:—

Duty of housing “32. Every housing finance institution which is a company shall furnish the
finance
institution to
statements, information or particulars called for by the National Housing Bank or the Reserve
furnish Bank, as the case may be, and shall comply with any direction given to it under the provisions
statements, etc., of this Chapter.”.
under this
Chapter.

Amendment 161. In section 33 of the principal Act,—

of section 33.

(a) in sub-section (1),—

(i) for the words “housing finance institution” wherever they occur, the
words “housing finance institution which is a company” shall be substituted;
(ii) for the words “the National Housing Bank” at both the places where
they occur, the words “the National Housing Bank and the Reserve Bank’’ shall
be substituted;
(b) in sub-section (1A), for the words “National Housing Bank”, the words
“Reserve Bank” shall be substituted;
(c) in sub-section (2), for the words “the National Housing Bank” at both the
places where they occur, the words “the National Housing Bank and the Reserve
Bank” shall be substituted;
(d) in sub-section (3), for the words “it may at any time”, the words “it may at any
time and shall, on being directed to do so by the Reserve Bank,” shall be substituted.
Substitution of 162. For section 33A of the principal Act, the following section shall be substituted,
section 33A. namely:—

Power of “33A. (1) If any housing finance institution which is a company violates the
Reserve Bank provisions of any section or fails to comply with any direction or order given by the
to prohibit
acceptance of National Housing Bank or the Reserve Bank, under any of the provisions of this
deposit and Chapter, the Reserve Bank may, by order, prohibit such housing finance institution
alienation of from accepting any deposit.
assets.
(2) Notwithstanding anything to the contrary contained in any agreement or
instrument or any law for the time being in force, the Reserve Bank on being satisfied
that it is necessary so to do in the public interest or in the interest of the depositors,
may direct the housing finance institution which is a company, against which an order
prohibiting from accepting deposit has been issued, not to sell, transfer, create charge
or mortgage or deal in any manner with its property and assets without prior written
permission of the National Housing Bank for such period not exceeding six months
from the date of the order.”.
Amendment 163. In section 33B of the principal Act,—
of section
33B. (i) in sub-section (1), in clause (c), for the words “the National Housing Bank”,
the words “the National Housing Bank or the Reserve Bank” shall be substituted;
(ii) in sub-section (3), for the words “the Registrar of Companies”, the words
“the Registrar of Companies and the Reserve Bank” shall be substituted.
Amendment 164. In section 34 in the principal Act,—
of section 34.
(i) for the words “at any time”, the words “at any time or on being directed so to
do by the Reserve Bank, shall” shall be substituted;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 65

(ii) for the words “housing finance institution accepting deposits” at both the
places where they occur, the words “housing finance institution which is a company”
shall be substituted;
(iii) after sub-section (3), the following sub-section shall be inserted, namely:—
“(4) The National Housing Bank shall submit a copy of the report of
inspection referred to in sub-section (1) to the Reserve Bank.”.
165. In section 35 of the principal Act,— Amendment
of section 35.
(i) in the opening portion, for the words “housing finance institution”, the words
“housing finance institution which is a company” shall be substituted;
(ii) in clause (b), for the words “National Housing Bank”, the words “Reserve
Bank” shall be substituted.
166. In section 35A of the principal Act,— Amendment
of section
(a) for the words “housing finance institution” wherever they occur, the words 35A.
“housing finance institution which is a company” shall be substituted;
(b) for the words “the National Housing Bank” wherever they occur, the words
“the National Housing Bank or the Reserve Bank, as the case may be,” shall be
substituted.
167. For section 35B of the principal Act, the following section shall be substituted, Substitution of
namely:— section 35B.

“35B. (1) The Reserve Bank, on being satisfied that it is necessary so to do, may Power of
declare by notification that all or any of the provisions of this Chapter shall not apply Reserve Bank
to exempt
to a housing finance institution which is a company or a group of such housing housing
finance institutions either generally or for such period as may be specified, subject to finance
such conditions, limitations or restrictions as it may think fit to impose. institution.

(2) Every notification made under this section shall be laid, as soon as may be
after it is made, before each House of Parliament.”.
168. In section 44 of the principal Act, in sub-section (1), for the words “National Amendment
Housing Bank” at both the places where they occur, the words “National Housing Bank or of section 44.
the Reserve Bank, as the case may be,” shall be substituted.
169. In section 46 of the principal Act, for the words “the National Housing Bank” Amendment
wherever they occur, the words “the National Housing Bank or the Reserve Bank” shall be of section 46.
substituted.
170. In section 49 of the principal Act,— Amendment
of section 49.
(a) in sub-section (2B), for the words “the National Housing Bank”, the words
“the National Housing Bank or the Reserve Bank” shall be substituted;
(b) in sub-section (2C), for the words “any order made by the authorised officer”,
the words “any order made by the National Company Law Tribunal” shall be
substituted;
(c) in sub-section (3), in clause (aa), for the words “the National Housing Bank”,
the words “the National Housing Bank or the Reserve Bank” shall be substituted.
171. In section 51 of the principal Act, for the words “the National Housing Bank,” Amendment
wherever they occur, the words “the National Housing Bank or the Reserve Bank” shall be of section 51.
substituted.
66 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Substitution of 172. For section 52A of the principal Act, the following section shall be substituted,
section 52A.
namely:—

Power of “52A. (1) Notwithstanding anything contained in section 49, if the contravention
National or default of the nature referred to in the said section is committed by a housing
Housing Bank
and Reserve
finance institution which is a company, the National Housing Bank or the Reserve
Bank to Bank, as the case may be, may impose on such company—
impose fine.
(a) a penalty not exceeding five thousand rupees; or
(b) where the contravention or default is under sub-section (2A) or
clause (a) or clause (aa) of sub-section (3) of that section, a penalty not exceeding
five lakh rupees or twice the amount involved in such contravention or default,
where the amount is quantifiable, whichever is more; and where such
contravention or default is a continuing one, further penalty which may extend
to twenty-five thousand rupees for every day, after the first, during which the
contravention or default continues.
(2) For the purpose of imposing penalty under sub-section (1), the National
Housing Bank or the Reserve Bank, as the case may be, shall serve a notice on the
housing finance institution which is a company requiring it to show cause why the
amount specified in the notice should not be imposed as a penalty and a reasonable
opportunity of being heard shall also be given to such housing finance institution.
(3) Any penalty imposed by the National Housing Bank or the Reserve Bank, as
the case may be, under this section shall be payable within a period of thirty days from
the date on which notice issued by the National Housing Bank or the Reserve Bank, as
the case may be, demanding payment of the sum is served on the housing finance
institution which is a company and, in the event of failure of such housing finance
institution to pay the sum within such period, may be levied on a direction made by the
principal civil court having jurisdiction in the area where the registered office or the
head office of such housing finance institution is situated:
Provided that no such direction shall be made, except on an application made by
an officer of the National Housing Bank or the Reserve Bank, as the case may be,
authorised in this behalf, to the principal civil court.
(4) The court which makes a direction under sub-section (3), shall issue a
certificate specifying the sum payable by the housing finance institution which is a
company and every such certificate shall be enforceable in the same manner as if it
were a decree made by the court in a civil suit.
(5) No complaint shall be filed against any housing finance institution which is
a company in any court of law pertaining to any contravention or default in respect of
which any penalty has been imposed by the National Housing Bank or the Reserve
Bank, as the case may be, under this section.
(6) Where any complaint has been filed against a housing finance institution
which is a company in a court in respect of contravention or default of the nature
referred to in section 49, no proceedings for imposition of penalty against such housing
finance institution shall be taken under this section.”.
PART VIII
AMENDMENTS TO THE PROHIBITION OF BENAMI PROPERTY
TRANSACTIONS ACT, 1988
Amendment 173. In the Prohibition of Benami Property Transactions Act, 1988 (hereafter in this 45 of 1988.
of section 23. Part referred to as the principal Act), in section 23, the following Explanation shall be
inserted and shall be deemed to have been inserted with effect from the 1st day of November,
2016, namely:––
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 67

“Explanation.––For the removal of doubts, it is hereby clarified that nothing

contained in this section shall apply and shall be deemed to have ever applied where
a notice under sub-section (1) of section 24 has been issued by the Initiating Officer.”.
174. In section 24 of the principal Act, with effect from the 1st day of September, 2019,— Amendment
of section 24.
(a) in sub-section (3), for the words, brackets and figure “from the date of issue
of notice under sub-section (1)”, the words, brackets and figure “from the last day of
the month in which the notice under sub-section (1) is issued” shall be substituted;
(b) in sub-section (4), for the words, brackets and figure “from the date of issue
of notice under sub-section (1)”, the words, brackets and figure “from the last day of
the month in which the notice under sub-section (1) is issued” shall be substituted;
(c) the following Explanation shall be inserted, namely:—
“Explanation.––For the purposes of this section, in computing the period
of limitation, the period during which the proceeding is stayed by an order or
injunction of any court shall be excluded:
Provided that where immediately after the exclusion of the aforesaid period,
the period of limitation referred to in sub-section (4) available to the Initiating
Officer for passing order of attachment is less than thirty days, such remaining
period shall be deemed to be extended to thirty days:
Provided further that where immediately after the exclusion of the aforesaid
period, the period of limitation referred to in sub-section (5) available to the Initiating
Officer to refer the order of attachment to Adjudicating Authority is less than seven
days, such remaining period shall be deemed to be extended to seven days.”.
175. In section 26 of the principal Act, in sub-section (7), with effect from the 1st day Amendment
of September, 2019, the following Explanation shall be inserted, namely:-— of section 26.

“Explanation.—For the purposes of this sub-section, in computing the period

of limitation, the period during which the proceeding is stayed by an order or injunction
of any court shall be excluded:
Provided that where immediately after the exclusion of the aforesaid period, the
period of limitation available to the Adjudicating Authority for passing order is less
than sixty days, such remaining period shall be deemed to be extended to sixty days.”.
176. In section 30 of the principal Act, for the words "the Adjudicating Authority", the Amendment
words "any authority" shall be substituted with effect from the 1st day of September, 2019. of section 30.
177. In section 46 of the principal Act, with effect from the 1st day of September, 2019,— Amendment
of section 46.
(a) after sub-section (1), the following sub-section shall be inserted, namely:—
"(1A) Any person aggrieved by an order passed by the authority under
section 54A may prefer an appeal in such form along with such fees, as may be
prescribed, to the Appellate Tribunal against the said order within a period of
forty-five days from the date of that order.";
(b) in sub-section (3), after the word, brackets and figure "sub-section (1)," the
words, brackets, figure and letter "or sub-section (1A)" shall be inserted.
178. In section 47 of the principal Act, for sub-section (1), the following sub-section Amendment
shall be substituted with effect from the 1st day of September, 2019, namely:— of section 47.

"(1) The Appellate Tribunal or any authority may, in order to rectify any mistake
apparent on the face of the record, amend any order passed by it under the provisions
of this Act, within a period of one year from the end of the month in which such order
was passed.".
179. In the principal Act, after section 54, the following sections shall be inserted with Insertion of
effect from the 1st day of September, 2019, namely:— new sections
54A and 54B.
“54A. (1) Any person who fails to,–– Penalty for
failure to comply
(i) comply with summons issued under sub-section (1) of section 19; or with notices or
furnish
(ii) furnish information as required under section 21, information.
68 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

shall be liable to pay penalty of twenty-five thousand rupees for each such failure.
(2) The penalty under sub-section (1) shall be imposed by the authority who
had issued the summons or called for the information.
(3) No order under sub-section (2) shall be passed by the authority unless the person
on whom the penalty is to be imposed has been given an opportunity of being heard:
Provided that no penalty shall be imposed if, such person proves that there were
good and sufficient reasons which prevented him from complying with the summons
or furnishing information.
Proof of 54B. The entries in the records or other documents in the custody of an authority
entries in shall be admitted in evidence in any proceedings for the prosecution of any person for
records or
documents. an offence under section 3 or this Chapter, as the case may be, and all such entries may
be proved either by––
(i) the production of the records or other documents in the custody of the
authority containing such entries; or
(ii) the production of a copy of the entries certified by the authority having
custody of the records or other documents under its signature stating that it is
a true copy of the original entries and that such original entries are contained in
the records or other documents in its custody.”.
Amendment 180. In section 55 of the principal Act, with effect from the 1st day of September, 2019,—
of section 55.
(i) for the word “Board”, the words “competent authority” shall be substituted;
(ii) the following Explanation shall be inserted, namely:––
‘Explanation.––For the purposes of this section, “competent authority”
means a Commissioner, a Director, a Principal Commissioner of Income-tax or a
Principal Director of Income-tax as defined in clause (16), clause (21), clause (34B)
and clause (34C), respectively, of section 2 of the Income-tax Act, 1961.’. 43 of 1961.
PART IX
AMENDMENT TO THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992
Commencement 181. The provisions of this Part shall come into force on such date as the Central
of this Part. Government may, by notification in the Official Gazette, appoint.
Amendment 182. In the Securities and Exchange Board of India Act, 1992 (hereafter in this Part 15 of 1992.
of section 14. referred to as the principal Act), in section 14,—
(i) in sub-section (2), after clause (c), the following clause shall be inserted,
namely:—
"(d) the capital expenditure, as per annual capital expenditure plan approved
by the Board and the Central Government.";
(ii) after sub-section (2), the following sub-sections shall be inserted, namely:—
"(3) The Board shall constitute a Reserve Fund and twenty-five per cent.
of the annual surplus of the General Fund in any year shall be credited to such
Reserve Fund and such fund shall not exceed the total of annual expenditure of
preceding two financial years.
(4) After incurring all the expenses referred to in sub-section (2) and transfer
to Reserve Fund as specified in sub-section (3), the surplus of the General Fund
shall be transferred to the Consolidated Fund of India.".
Amendment 183. In section 15C of the principal Act, after the words "after having been called
of section upon by the Board in writing", the words "including by any means of electronic
15C.
communication" shall be inserted.
Amendment 184. In section 15F of the principal Act, in sub-clause (a), after the words "one lakh
of section
rupees but which may extend to", the words "one crore rupees" shall be inserted.
15F.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 69

185. After section 15HA of the principal Act, the following section shall be inserted, Insertion of new
section 15HAA.
namely:—

‘15HAA. Any person, who— Penalty for

alteration,
(a) knowingly alters, destroys, mutilates, conceals, falsifies, or makes a destruction,
false entry in any information, record, document (including electronic records), etc., of
which is required under this Act or any rules or regulations made thereunder, so records and
failure to
as to impede, obstruct, or influence the investigation, inquiry, audit, inspection protect the
or proper administration of any matter within the jurisdiction of the Board. electronic
database of
Explanation.—For the purposes of this clause, a person shall be deemed Board.
to have altered, concealed or destroyed such information, record or document,
in case he knowingly fails to immediately report the matter to the Board or fails to
preserve the same till such information continues to be relevant to any
investigation, inquiry, audit, inspection or proceeding, which may be initiated
by the Board and conclusion thereof;
(b) without being authorised to do so, access or tries to access, or denies
of access or modifies access parameters, to the regulatory data in the database;
(c) without being authorised to do so, downloads, extracts, copies, or
reproduces in any form the regulatory data maintained in the system database;
(d) knowingly introduces any computer virus or other computer
contaminant into the system database and brings out a trading halt;
(e) without authorisation disrupts the functioning of system database;
(f) knowingly damages, destroys, deletes, alters, diminishes in value or
utility, or affects by any means, the regulatory data in the system database; or
(g) knowingly provides any assistance to or causes any other person to
do any of the acts specified in clauses (a) to (f),
shall be liable to a penalty which shall not be less than one lakh rupees but which may extend
to ten crore rupees or three times the amount of profits made out of such act, whichever is
higher.
Explanation.—In this section, the expressions "computer contaminant", "computer
virus" and "damage" shall have the meanings respectively assigned to them under
21 of 2000. section 43 of the Information Technology Act, 2000.
PART X
AMENDMENTS TO THE CENTRAL ROAD AND INFRASTRUCTURE
FUND ACT, 2000
54 of 2000. 186. In the Central Road and Infrastructure Fund Act, 2000 (hereafter in this Part Amendment
referred to as the principal Act), in section 10, in sub-section (1),–– of section 10.

(a) for clause (iv), the following clause shall be substituted, namely:––
“(iv) formulation of criteria for allocation of funds for development and
maintenance of State road projects including the projects of inter-State and
economic importance;”;
(b) clauses (v) and (vii) shall be omitted.
187. In section 11 of the principal Act, for sub-section (1), the following Amendment
sub-section shall be substituted, namely:–– of section 11.

“(1) The share of the Fund to be spent on development and maintenance of

State roads, based on the criteria formulated under clause (iv) of sub-section (1) of
section 10, shall be allocated in such manner as may be finalised by the Committee
referred to in section 7A.”.
70 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 188. In section 12 of the principal Act, in sub-section (2), clause (c) shall be omitted.
of section 12.
PART XI
AMENDMENT TO THE FINANCE ACT, 2002
Amendment 189. In the Finance Act, 2002, in the Eighth Schedule,––
of Act 20 of
2002. (a) against Item No. 1, for the entry in column (3), the entry “Rs.10 per litre” shall
be substituted;
(b) against Item No. 2, for the entry in column (3), the entry “Rs.4 per litre” shall
be substituted.
PART XII
AMENDMENTS TO THE UNIT TRUST OF INDIA (TRANSFER OF UNDERTAKING AND REPEAL) ACT, 2002
Amendment 190. In the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002, in
of Act 58 of section 13, in sub-section (1), for the words, figures and letters “the 31st day of March,
2002.
2019”, the words, figures and letters “the 31st day of March, 2021” shall be substituted and
shall be deemed to have been substituted with effect from the 1st day of April, 2019.
PART XIII
AMENDMENTS TO THE PREVENTION OF MONEY-LAUNDERING ACT, 2002
Commencement 191. Clause (iii) of section 187, sections 187A, 190A, 190B, 190C and 190D shall come
of this Part. into force from the 1st day of August, 2019.
Amendment 192. In the Prevention of Money-laundering Act, 2002 (hereafter in this Part referred to 15 of 2003.
of section 2. as the principal Act), in section 2, in sub-section (1),––
(i) in clause (n), in sub-clause (i), the word “sub-broker,” shall be omitted;
(ii) in clause (sa), for sub-clause (ii), the following sub-clause shall be substituted,
namely:––
‘‘(ii) Inspector-General of Registration appointed under section 3 of the
Registration Act, 1908 as may be notified by the Central Government;’’. 16 of 1908.

(iii) in clause (u), the following Explanation shall be inserted, namely:—

'Explanation.—For the removal of doubts, it is hereby clarified that
"proceeds of crime" include property not only derived or obtained from the
scheduled offence but also any property which may directly or indirectly be
derived or obtained as a result of any criminal activity relatable to the scheduled
offence;'.
Amendment 193. In section 3 of the principal Act, the following Explanation shall be inserted,
of section 3. namely:—
‘‘Explanation.—For the removal of doubts, it is hereby clarified that,—
(i) a person shall be guilty of offence of money-laundering if such person
is found to have directly or indirectly attempted to indulge or knowingly assisted
or knowingly is a party or is actually involved in one or more of the following
processes or activities connected with proceeds of crime, namely:—
(a) concealment; or
(b) possession; or
(c) acquisition; or
(d) use; or
(e) projecting as untainted property; or
(f) claiming as untainted property,
in any manner whatsoever;
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 71

(ii) the process or activity connected with proceeds of crime is a continuing

activity and continues till such time a person is directly or indirectly enjoying
the proceeds of crime by its concealment or possession or acquisition or use or
projecting it as untainted property or claiming it as untainted property in any
manner whatsoever.".
194. In section 12A of the principal Act, in sub-section (1), for the words, brackets and Amendment
figures “sub-section (1) of section 12”, the words, figures, letters and brackets “section 11A, of section
12A.
sub-section (1) of section 12, sub-section (1) of section 12AA” shall be substituted.
195. After section 12A of the principal Act, the following section shall be inserted, Insertion of
namely:–– new section
12AA.
‘12AA. (1) Every reporting entity shall, prior to the commencement of each Enhanced due
specified transaction,— diligence.

(a) vertify the identity of the clients undertaking such specified transaction
by authentication under the Aadhaar (Targeted Delivery of Financial and Other
18 of 2016. Subsidies, Benefits and Services) Act, 2016 in such manner and subject to such
conditions, as may be prescribed:
Provided that where verification requires authentication of a person who
is not entitled to obtain an Aadhaar number under the provisions of the said Act,
verification to authenticate the identity of the client undertaking such specified
transaction shall be carried out by such other process or mode, as may be
prescribed;
(b) take additional steps to examine the ownership and financial position,
including sources of funds of the client, in such manner as may be prescribed;
(c) take additional steps as may be prescribed to record the purpose behind
conducting the specified transaction and the intended nature of the relationship
between the transaction parties.
(2) Where the client fails to fulfil the conditions laid down under sub-section (1),
the reporting entity shall not allow the specified transaction to be carried out.
(3) Where any specified transaction or series of specified transactions
undertaken by a client is considered suspicious or likely to involve proceeds of crime,
the reporting entity shall increase the future monitoring of the business relationship
with the client, including greater scrutiny or transactions in such manner as may be
prescribed.
(4) The information obtained while applying the enhanced due diligence measures
under sub-section (1) shall be maintained for a period of five years from the date of
transaction between a client and the reporting entity.
Explanation.—For the purposes of this section, "specified transaction" means—
(a) any withdrawal or deposit in cash, exceeding such amount;
(b) any transaction in foreign exchange, exceeding such amount;
(c) any transaction in any high value imports or remittances;
(d) such other transaction or class of transactions, in the interest of revenue
or where there is a high risk or money-laundering or terrorist financing,
as may be prescribed.’.
196. In section 15 of the principal Act, for the words, brackets and figures Amendment
“sub-section (1) of section 12”, the words, figures, letters and brackets “section 11A, of section 15.
sub-section (1) of section 12 and sub-section (1) of section 12AA” shall be substituted.
72 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment of 197. In section 17 of the principal Act, in sub-section (1), the proviso shall be omitted.
section 17.

Amendment of 198. In section 18 of the principal Act, in sub-section (1), the proviso shall be omitted.
section 18.

Amendment of 199. In section 44 of the principal Act, in sub-section (1),—

section 44.
(i) after clause (b), the following proviso shall be inserted, namely:—
"Provided that after conclusion of investigation, if no offence of money-
laundering is made out requiring filing of such complaint, the said authority shall
submit a closure report before the Special Court; or";
(ii) after clause (d), the following Explanation shall be inserted, namely:—
"Explanation.—For the removal of doubts, it is clarified that,—
(i) the jurisdiction of the Special Court while dealing with the offence
under this Act, during investigation, enquiry or trial under this Act, shall
not be dependent upon any orders passed in respect of the scheduled
offence, and the trial of both sets of offences by the same court shall not
be construed as joint trial;
(ii) the complaint shall be deemed to include any subsequent
complaint in respect of further investigation that may be conducted to
bring any further evidence, oral or documentary, against any accused
person involved in respect of the offence, for which complaint has already
been filed, whether named in the original complaint or not.".
Amendment of 200. In section 45 of the principal Act, after sub-section (2), the following Explanation
section 45. shall be inserted, namely:—
‘Explanation.—For the removal of doubts, it is clarified that the expression "Offences
to be cognizable and non-bailable" shall mean and shall be deemed to have always meant
that all offences under this Act shall be cognizable offences and non-bailable offences
notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973, 2 of 1974.
and accordingly the officers authorised under this Act are empowered to arrest an accused
without warrant, subject to the fulfilment of conditions under section 19 and subject to the
conditions enshrined under this section.'.
Insertion of 201. After section 72 of the principal Act, the following section shall be inserted,
new section namely:—
72A.

Inter- “72A. The Central Government may, by notification, constitute an Inter-ministerial

ministerial Co-ordination Committee for inter-departmental and inter-agency co-ordination for
Co-ordination
Committee.
the following purposes, namely:—
(a) operational co-operation between the Government, law enforcement
agencies, the Financial Intelligence Unit, India and the regulators or supervisors;
(b) policy co-operation and co-ordination across all relevant or competent
authorities;
(c) such consultation among the concerned authorities, the financial sector
and other sectors, as are appropriate, and are related to anti money-laundering
or countering the financing of terrorism laws, regulations and guidelines;
(d) development and implementing policies on anti money-laundering or
countering the financing of terrorism; and
(e) any other matter as the Central Government may, by notification, specify
in this behalf.”.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 73

202. In section 73 of the principal Act, in sub-section (2), after clause (jj), the following Amendment of
section 73.
clauses shall be inserted, namely:––
“(jja) the manner and the conditions in which authentication of the identity of
clients shall be verified by the reporting entities under clause (a) of sub-section (1) of
section 12AA;
(jjb) the manner of identifying the ownership and financial position of the client
under clause (b) of sub-section (1) of section 12AA;
(jjc) additional steps to record the purpose behind conducting the specified
transaction and the intended nature of the relationship between the transaction parties
under clause (c) of sub-section (1) of section 12AA;
(jjd) manner of increasing the future monitoring under sub-section (3) of
section 12AA.’’.
PART XIV
AMENDMENT TO THE FINANCE (NO. 2) ACT, 2004
203. In section 99 of the Finance (No. 2) Act, 2004, with effect from the 1st day of Amendment
September, 2019,–– of Act 23 of
2004.
(I) in clause (a), in sub-clause (ii), for the words “settlement price”, the words
“intrinsic value” shall be substituted;
(II) after the proviso, the following Explanation shall be inserted, namely:––
‘Explanation.–– For the purposes of this section, the expression “intrinsic
value” means the difference between the settlement price and the strike price.’.
PART XV
AMENDMENT TO THE PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007
204. In the Payment and Settlement Systems Act, 2007, after section 10, the following Amendment
section shall be inserted with effect from the 1st day of November, 2019, namely:–– of Act 51 of
2007.

“10A. Notwithstanding anything contained in this Act, no bank or system Bank, etc.,
provider shall impose, whether directly or indirectly, any charge upon a person making not to impose
charge for
or receiving a payment by using the electronic modes of payment prescribed under using
43 of 1961. section 269SU of the Income-tax Act, 1961.”. electronic
modes of
PART XVI payment.
AMENDMENT TO THE BLACK MONEY (UNDISCLOSED FOREIGN
INCOME AND ASSETS) AND IMPOSITION OF TAX ACT, 2015
205. In the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Amendment
22 of 2015. Tax Act, 2015 (hereafter in this Part referred to as the principal Act), in section 2, for clause (2), of section 2.
the following clause shall be substituted and shall be deemed to have been substituted with
effect from the 1st day of July, 2015, namely:––
‘(2) “assessee” means a person,––
(a) being a resident in India within the meaning of section 6 of the
43 of 1961. Income-tax Act, 1961 in the previous year; or
(b) being a non-resident or not ordinarily resident in India within the
43 of 1961. meaning of clause (6) of section 6 of the Income-tax Act, 1961 in the previous
year, who was resident in India either in the previous year to which the income
referred to in section 4 relates; or in the previous year in which the undisclosed
asset located outside India was acquired:
74 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Provided that the previous year, in case of acquisition of undisclosed

asset outside India, shall be determined without giving effect to the provisions
of clause (c) of section 72;’.
Amendment 206. In section 10 of the principal Act,––
of section 10.
(i) in sub-section (3), after the word “assess”, the words “or reassess” shall be
inserted and shall be deemed to have been inserted with effect from the 1st day of
July, 2015;
(ii) in sub-section (4), after the word “assessment”, the words “or reassessment”
shall be inserted and shall be deemed to have been inserted with effect from the 1st day
of July, 2015.
Amendment 207. In the principal Act, in section 17, in sub-section (1), in clause (b), for the words
of section 17. “such order”, the words “or vary such order either to enhance or reduce the penalty” shall be
substituted with effect from the 1st day of September, 2019.
Amendment 208. In the principal Act, in section 84, for the figures “138”, the figures and letter “138,
of section 84.
144A” shall be substituted with effect from the 1st day of September, 2019.
PART XVII
AMENDMENT TO THE FINANCE ACT, 2016
Amendment 209. In the Finance Act, 2016 (hereafter in this Part referred to as the principal Act), in 28 of 2016.
of section section 187, in sub-section (1), the following proviso shall be inserted and shall be deemed
187.
to have been inserted with effect from the 1st day of June, 2016, namely:––
“Provided that where the amount of tax, surcharge and penalty, has not been
paid within the due date notified under this sub-section, the Central Government may,
by notification in the Official Gazette, specify the class of persons, who may, make the
payment of such amount on or before such date as may be notified by the Central
Government, along with the interest on such amount, at the rate of one per cent. for
every month or part of a month comprised in the period commencing on the date
immediately following the due date and ending on the date of such payment.”.
Amendment 210. In section 191 of the principal Act, the following proviso shall be inserted and
of section shall be deemed to have been inserted with effect from the 1st day of June, 2016, namely:––
191.
“Provided that the Central Government may, by notification in the Official Gazette,
specify the class of persons to whom the amount of tax, surcharge and penalty, paid in
excess of the amount payable under this Scheme shall be refundable.”.
PART XVIII
AMENDMENT TO THE FINANCE ACT, 2018
Amendment 211. In the Finance Act, 2018, in the Sixth Schedule, against Item Nos. 1 and 2, for the
of Act 13 of entry in column (3), the entry “Rs.10 per litre” shall be substituted.
2018.

Repeal. 212. Section 2 of the Finance Act, 2019 is hereby repealed and shall be deemed never 7 of 2019.
to have been enacted.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 75

THE FIRST SCHEDULE

(See section 2)
PART I
INCOME-TAX
Paragraph A
(I) In the case of every individual other than the individual referred to in items (II) and (III) of this Paragraph or Hindu
undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical
person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which any other
Paragraph of this Part applies,—
Rates of income-tax
(1) where the total income does not exceed Rs. 2,50,000 Nil;
(2) where the total income exceeds Rs. 2,50,000 but 5 per cent. of the amount by which the total income
does not exceed Rs. 5,00,000 exceeds Rs. 2,50,000;
(3) where the total income exceeds Rs. 5,00,000 but Rs.12,500 plus 20 per cent. of the amount by which
does not exceed Rs. 10,00,000 the total income exceeds Rs. 5,00,000;
(4) where the total income exceeds Rs. 10,00,000 Rs. 1,12,500 plus 30 per cent. of the amount by which
the total income exceeds Rs.10,00,000.

(II) In the case of every individual, being a resident in India, who is of the age of sixty years or more but less than
eighty years at any time during the previous year,—
Rates of income-tax
(1) where the total income does not exceed Rs. 3,00,000 Nil;
(2) where the total income exceeds Rs. 3,00,000 but 5 per cent. of the amount by which the total income
does not exceed Rs. 5,00,000 exceeds Rs. 3,00,000;
(3) where the total income exceeds Rs. 5,00,000 but Rs.10,000 plus 20 per cent. of the amount by which
does not exceed Rs. 10,00,000 the total income exceeds Rs. 5,00,000;
(4) where the total income exceeds Rs. 10,00,000 Rs. 1,10,000 plus 30 per cent. of the amount by which
the total income exceeds Rs.10,00,000.

(III) In the case of every individual, being a resident in India, who is of the age of eighty years or more at any time
during the previous year,—
Rates of income-tax
(1) where the total income does not exceed Rs. 5,00,000 Nil;
(2) where the total income exceeds Rs. 5,00,000 but 20 per cent. of the amount by which the total income
does not exceed Rs. 10,00,000 exceeds Rs. 5,00,000;
(3) where the total income exceeds Rs. 10,00,000 Rs. 1,00,000 plus 30 per cent. of the amount by which
the total income exceeds Rs. 10,00,000.

Surcharge on income-tax
The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section 112 or section 112A of the Income-tax Act, shall be increased by a surcharge for the purposes
of the Union, calculated, in the case of every individual or Hindu undivided family or association of persons or body of
individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of
section 2 of the Income-tax Act,—
(a) having a total income exceeding fifty lakh rupees but not exceeding one crore rupees, at the rate of ten
per cent. of such income-tax; and
76 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) having a total income exceeding one crore rupees, at the rate of fifteen per cent. of such income-tax:
Provided that in the case of persons mentioned above having total income exceeding,—
(a) fifty lakh rupees but not exceeding one crore rupees, the total amount payable as income-tax and
surcharge on such income shall not exceed the total amount payable as income-tax on a total income of fifty
lakh rupees by more than the amount of income that exceeds fifty lakh rupees;
(b) one crore rupees, the total amount payable as income-tax and surcharge on such income shall not
exceed the total amount payable as income-tax and surcharge on a total income of one crore rupees by more
than the amount of income that exceeds one crore rupees.
Paragraph B
In the case of every co-operative society,—
Rates of income-tax
(1) where the total income does not exceed Rs.10,000 10 per cent. of the total income;
(2) where the total income exceeds Rs.10,000 but does Rs.1,000 plus 20 per cent. of the amount by which the total
not exceed Rs. 20,000 income exceeds Rs. 10,000;
(3) where the total income exceeds Rs. 20,000 Rs. 3,000 plus 30 per cent. of the amount by which the total
income exceeds Rs. 20,000.

Surcharge on income-tax
The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section 112 or section 112A of the Income-tax Act, shall, in the case of every co-operative society,
having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union calculated
at the rate of twelve per cent. of such income-tax:
Provided that in the case of every co-operative society mentioned above having total income exceeding one crore
rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable
as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.
Paragraph C
In the case of every firm,—
Rate of income-tax
On the whole of the total income 30 per cent.
Surcharge on income-tax
The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section 112 or section 112A of the Income-tax Act, shall, in the case of every firm, having a total income
exceeding one crore rupees, be increased by a surcharge for the purposes of the Union calculated at the rate of twelve per
cent. of such income-tax:
Provided that in the case of every firm mentioned above having total income exceeding one crore rupees, the total
amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on
a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.
Paragraph D
In the case of every local authority,—
Rate of income-tax
On the whole of the total income 30 per cent.
Surcharge on income-tax
The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section 112 or section 112A of the Income-tax Act, shall, in the case of every local authority, having a
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 77

total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union calculated at the rate
of twelve per cent. of such income-tax:
Provided that in the case of every local authority mentioned above having total income exceeding one crore rupees,
the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as
income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.
Paragraph E
In the case of a company,—
Rates of income-tax
I. In the case of a domestic company,—
(i) where its total turnover or the gross 25 per cent. of the total income;
receipt in the previous year 2016-2017 does not
exceed two hundred and fifty crore rupees;
(ii) other than that referred to in item (i) 30 per cent. of the total income.
II. In the case of a company other than a domestic company,—
(i) on so much of the total income as consists of,—
(a) royalties received from Government or an Indian concern in pursuance of an agreement made by it
with the Government or the Indian concern after the 31st day of March, 1961 but before the 1st day of April,
1976; or
(b) fees for rendering technical services received from Government or an Indian concern in pursuance of
an agreement made by it with the Government or the Indian concern after the 29th day of February, 1964 but
before the 1st day of April, 1976,
and where such agreement has, in either case, been approved by the Central Government 50 per cent.;
(ii) on the balance, if any, of the total income 40 per cent.
Surcharge on income-tax
The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section 112 or section 112A of the Income-tax Act, shall, be increased by a surcharge for the purposes
of the Union calculated,—
(i) in the case of every domestic company,––
(a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of
seven per cent. of such income-tax; and
(b) having a total income exceeding ten crore rupees, at the rate of twelve per cent. of such income-tax;
(ii) in the case of every company other than a domestic company,––
(a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of
two per cent. of such income-tax; and
(b) having a total income exceeding ten crore rupees, at the rate of five per cent. of such income-tax:
Provided that in the case of every company having a total income exceeding one crore rupees but not exceeding ten
crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount
payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore
rupees:
Provided further that in the case of every company having a total income exceeding ten crore rupees, the total
amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and
surcharge on a total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees.
78 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

PART II
RATES FOR DEDUCTION OF TAX AT SOURCE IN CERTAIN CASES
In every case in which under the provisions of sections 193, 194, 194A, 194B, 194BB, 194D, 194LBA, 194LBB,
194LBC and 195 of the Income-tax Act, tax is to be deducted at the rates in force, deduction shall be made from the income
subject to the deduction at the following rates:—

Rate of income-tax
1. In the case of a person other than a company—
(a) where the person is resident in India—
(i) on income by way of interest other than “Interest on securities” 10 per cent.;
(ii) on income by way of winnings from lotteries, crossword 30 per cent.;
puzzles, card games and other games of any sort
(iii) on income by way of winnings from horse races 30 per cent.;
(iv) on income by way of insurance commission 5 per cent.;
(v) on income by way of interest payable on— 10 per cent.;
(A) any debentures or securities for money issued
by or on behalf of any local authority or a corporation
established by a Central, State or Provincial Act;
(B) any debentures issued by a company where
such debentures are listed on a recognised stock exchange
in India in accordance with the Securities Contracts
(Regulation) Act, 1956 (42 of 1956) and any rules made
thereunder;
(C) any security of the Central or State Government;
(vi) on any other income 10 per cent.;
(b) where the person is not resident in India—
(i) in the case of a non-resident Indian—
(A) on any investment income 20 per cent.;
(B) on income by way of long-term capital gains referred to 10 per cent.;
in section 115E or sub-clause (iii) of clause (c) of sub-section (1)
of section 112
(C) on income by way of long-term capital gains referred to 10 per cent.;
in section 112A
(D) on other income by way of long-term capital gains [not 20 per cent.;
being long-term capital gains referred to in clauses (33)
and (36) of section 10] referred to in section 112A exceeding
one lakh rupees
(E) on income by way of short-term capital gains referred 15 per cent.;
to in section 111A
(F) on income by way of interest payable by Government or 20 per cent.;
an Indian concern on moneys borrowed or debt incurred by
Government or the Indian concern in foreign currency (not being
income by way of interest referred to in section 194LB or section
194LC)
(G) on income by way of royalty payable by Government or 10 per cent.;
an Indian concern in pursuance of an agreement made by it with
the Government or the Indian concern where such royalty is in
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 79

consideration for the transfer of all or any rights (including the

granting of a licence) in respect of copyright in any book on a
subject referred to in the first proviso to sub-section (1A) of
section115A of the Income-tax Act, to the Indian concern, or in
respect of any computer software referred to in the second proviso
to sub-section (1A) of section115A of the Income-tax Act, to a
person resident in India
(H) on income by way of royalty [not being royalty of the 10 per cent.;
nature referred to in sub-item (b)(i)(G)] payable by Government or
an Indian concern in pursuance of an agreement made by it with
the Government or the Indian concern and where such agreement
is with an Indian concern, the agreement is approved by the Central
Government or where it relates to a matter included in the industrial
policy, for the time being in force, of the Government of India, the
agreement is in accordance with that policy
(I) on income by way of fees for technical services payable 10 per cent.;
by Government or an Indian concern in pursuance of an agreement
made by it with the Government or the Indian concern and where
such agreement is with an Indian concern, the agreement is
approved by the Central Government or where it relates to a matter
included in the industrial policy, for the time being in force, of the
Government of India, the agreement is in accordance with that
policy
(J) on income by way of winnings from lotteries, crossword 30 per cent.;
puzzles, card games and other games of any sort
(K) on income by way of winnings from horse races 30 per cent.;
(L) on the whole of the other income 30 per cent.;
(ii) in the case of any other person—
(A) on income by way of interest payable by Government or 20 per cent.;
an Indian concern on moneys borrowed or debt incurred by
Government or the Indian concern in foreign currency (not being
income by way of interest referred to in section194LB or section
194LC)
(B) on income by way of royalty payable by Government or 10 per cent.;
an Indian concern in pursuance of an agreement made by it with
the Government or the Indian concern where such royalty is in
consideration for the transfer of all or any rights (including the
granting of a licence) in respect of copyright in any book on a
subject referred to in the first proviso to sub-section (1A) of section
115A of the Income-tax Act, to the Indian concern, in respect of
any computer software referred to in the second proviso to
sub-section (1A) of section 115A of the Income-tax Act, to a person
resident in India
(C) on income by way of royalty [not being royalty of the 10 per cent.;
nature referred to in sub-item (b)(ii)(B)] payable by Government or
an Indian concern in pursuance of an agreement made by it with
the Government or the Indian concern and where such agreement
is with an Indian concern, the agreement is approved by the Central
Government or where it relates to a matter included in the industrial
policy, for the time being in force, of the Government of India, the
agreement is in accordance with that policy
(D) on income by way of fees for technical services payable 10 per cent.;
by Government or an Indian concern in pursuance of an agreement
made by it with the Government or the Indian concern and where
such agreement is with an Indian concern, the agreement is
approved by the Central Government or where it relates to a matter
included in the industrial policy, for the time being in force, of the
Government of India, the agreement is in accordance with that
policy
80 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(E) on income by way of winnings from lotteries, crossword 30 per cent.;

puzzles, card games and other games of any sort
(F) on income by way of winnings from horse races 30 per cent.;
(G) on income by way of short-term capital gains referred 15 per cent.;
to in section 111A
(H) on income by way of long-term capital gains referred to 10 per cent.;
in sub-clause (iii) of clause (c) of sub-section (1) of section 112
(I) on income by way of long-term capital gains referred to 10 per cent.;
in section 112A exceeding one lakh rupees
(J) on income by way of other long-term capital gains [not 20 per cent.;
being long-term capital gains referred to in clauses (33) and (36) of
section 10]
(K) on the whole of the other income 30 per cent.
2. In the case of a company—
(a) where the company is a domestic company—
(i) on income by way of interest other than “Interest on securities” 10 per cent.;
(ii) on income by way of winnings from lotteries, crossword 30 per cent.;
puzzles, card games and other games of any sort
(iii) on income by way of winnings from horse races 30 per cent.;
(iv) on any other income 10 per cent.;
(b) where the company is not a domestic company—
(i) on income by way of winnings from lotteries, crossword 30 per cent.;
puzzles, card games and other games of any sort
(ii) on income by way of winnings from horse races 30 per cent.;
(iii) on income by way of interest payable by Government 20 per cent.;
or an Indian concern on moneys borrowed or debt incurred by
Government or the Indian concern in foreign currency (not being income
by way of interest referred to in section 194LB or section 194LC)
(iv) on income by way of royalty payable by Government or an 10 per cent.;
Indian concern in pursuance of an agreement made by it with the
Government or the Indian concern after the 31st day of March, 1976
where such royalty is in consideration for the transfer of all or any rights
(including the granting of a licence) in respect of copyright in any book
on a subject referred to in the first proviso to sub-section (1A) of section
115A of the Income-tax Act, to the Indian concern, or in respect of any
computer software referred to in the second proviso to
sub-section (1A) of section 115A of the Income-tax Act, to a person
resident in India
(v) on income by way of royalty [not being royalty of the nature
referred to in sub-item (b)(iv)] payable by Government or an Indian concern
in pursuance of an agreement made by it with the Government or the
Indian concern and where such agreement is with an Indian concern, the
agreement is approved by the Central Government or where it relates to
a matter included in the industrial policy, for the time being in force, of
the Government of India, the agreement is in accordance with that policy—
(A) where the agreement is made after the 31st day of 50 per cent.;
March, 1961 but before the 1st day of April, 1976
(B) where the agreement is made after the 31st day of 10 per cent.;
March, 1976
(vi) on income by way of fees for technical services payable
by the Government or an Indian concern in pursuance of an
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 81

agreement made by it with the Government or the Indian concern

and where such agreement is with an Indian concern, the
agreement is approved by the Central Government or where it
relates to a matter included in the industrial policy, for the time
being in force, of the Government of India, the agreement is in
accordance with that policy—
(A) where the agreement is made after the 29th day of 50 per cent.;
February, 1964 but before the 1st day of April, 1976
(B) where the agreement is made after the 31st day of 10 per cent.;
March, 1976
(vii) on income by way of short-term capital gains referred to in 15 per cent.;
section 111A
(viii) on income by way of long-term capital gains referred to in 10 per cent.;
sub-clause (iii) of clause (c) of sub-section (1) of section 112
(ix) on income by way of long-term capital gains referred to in 10 per cent.;
section 112A exceeding one lakh rupees
(x) on income by way of other long-term capital gains [not being 20 per cent.;
long-term capital gains referred to in clauses (33) and (36) of section 10]
(xi) on any other income 40 per cent.
Explanation.—For the purposes of item 1(b)(i) of this Part, “investment income” and “non-resident Indian” shall
have the respective meanings assigned to them in Chapter XII-A of the Income-tax Act.

Surcharge on income-tax

The amount of income-tax deducted in accordance with the provisions of––

(i) item 1 of this Part, shall be increased by a surcharge, for the purposes of the Union,––

(a) in the case of every individual or Hindu undivided family or association of persons or body of
individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of
clause (31) of section 2 of the Income-tax Act, being a non-resident, calculated,––
I. at the rate of ten per cent. of such tax, where the income or the aggregate of such incomes paid
or likely to be paid and subject to the deduction exceeds fifty lakh rupees but does not exceed one crore
rupees;
II. at the rate of fifteen per cent. of such tax, where the income or the aggregate of such incomes
paid or likely to be paid and subject to the deduction exceeds one crore rupees but does not exceed two
crore rupees;
III. at the rate of twenty-five per cent. of such tax, where the income or the aggregate of such
incomes paid or likely to be paid and subject to the deduction exceeds two crore rupees but does not
exceed five crore rupees; and
IV. at the rate of thirty-seven per cent. of such tax, where the income or the aggregate of such
incomes paid or likely to be paid and subject to the deduction exceeds five crore rupees;
(b) in the case of every co-operative society or firm, being a non-resident, calculated at the rate of twelve
per cent., where the income or the aggregate of such incomes paid or likely to be paid and subject to the
deduction exceeds one crore rupees;

(ii) Item 2 of this Part shall be increased by a surcharge, for the purposes of the Union, in the case of every
company other than a domestic company, calculated,––

(a) at the rate of two per cent. of such income-tax where the income or the aggregate of such incomes
paid or likely to be paid and subject to the deduction exceeds one crore rupees but does not exceed ten crore
rupees; and
82 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) at the rate of five per cent. of such income-tax where the income or the aggregate of such incomes
paid or likely to be paid and subject to the deduction exceeds ten crore rupees.
PART III
RATES FOR CHARGING INCOME-TAX IN CERTAIN CASES, DEDUCTING INCOME-TAX FROM INCOME
CHARGEABLE UNDER THE HEAD “SALARIES” AND COMPUTING “ADVANCE TAX”
In cases in which income-tax has to be charged under sub-section (4) of section 172 of the Income-tax Act or
sub-section (2) of section 174 or section 174A or section 175 or sub-section (2) of section 176 of the said Act or deducted
from, or paid on, from income chargeable under the head “Salaries” under section 192 of the said Act or in which the
“advance tax” payable under Chapter XVII-C of the said Act has to be computed at the rate or rates in force, such income-
tax or, as the case may be, “advance tax” [not being “advance tax” in respect of any income chargeable to tax under
Chapter XII or Chapter XII-A or income chargeable to tax under section 115JB or section 115JC or Chapter XII-FA or
Chapter XII-FB or sub-section (1A) of section 161 or section 164 or section 164A or section 167B of the Income-tax Act at
the rates as specified in that Chapter or section or surcharge, wherever applicable, on such “advance tax” in respect of any
income chargeable to tax under section 115A or section 115AB or section 115AC or section 115ACA or section 115AD or
section 115B or section 115BA or section 115BB or section 115BBA or section 115BBC or section 115BBD or section
115BBDA or section 115BBE or section 115BBF or section 115BBG or section 115E or section 115JB or section 115JC] shall
be charged, deducted or computed at the following rate or rates:—
Paragraph A
(I) In the case of every individual other than the individual referred to in items (II) and (III) of this Paragraph or Hindu
undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical
person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which any other
Paragraph of this Part applies,—
Rates of income-tax
(1) where the total income does not exceed Rs. 2,50,000 Nil;
(2) where the total income exceeds Rs. 2,50,000 but 5 per cent. of the amount by which the total income exceeds
does not exceed Rs. 5,00,000 Rs. 2,50,000;
(3) where the total income exceeds Rs. 5,00,000 but Rs. 12,500 plus 20 per cent. of the amount by which the total
does not exceed Rs. 10,00,000 income exceeds Rs. 5,00,000;
(4) where the total income exceeds Rs. 10,00,000 Rs. 1,12,500 plus 30 per cent. of the amount by which the
total income exceeds Rs.10,00,000.

(II) In the case of every individual, being a resident in India, who is of the age of sixty years or more but less than eighty
years at any time during the previous year,—
Rates of income-tax
(1) where the total income does not exceed Rs. 3,00,000 Nil;
(2) where the total income exceeds Rs. 3,00,000 but 5 per cent. of the amount by which the total income exceeds
does not exceed Rs. 5,00,000 Rs. 3,00,000;
(3) where the total income exceeds Rs. 5,00,000 but Rs. 10,000 plus 20 per cent. of the amount by which the total
does not exceed Rs. 10,00,000 income exceeds Rs. 5,00,000;
(4) where the total income exceeds Rs. 10,00,000 Rs. 1,10,000 plus 30 per cent. of the amount by which the
total income exceeds Rs. 10,00,000.

(III) In the case of every individual, being a resident in India, who is of the age of eighty years or more at any time during
the previous year,—
Rates of income-tax
(1) where the total income does not exceed Rs. 5,00,000 Nil;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 83

(2) where the total income exceeds Rs. 5,00,000 but 20 per cent. of the amount by which the total income exceeds
does not exceed Rs. 10,00,000 Rs. 5,00,000;
(3) where the total income exceeds Rs.10,00,000 Rs. 1,00,000 plus 30 per cent. of the amount by which the
total income exceeds Rs. 10,00,000.

Surcharge on income-tax
The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section 112 or section 112A of the Income-tax Act, shall be increased by a surcharge for the purposes
of the Union, calculated, in the case of every individual or Hindu undivided family or association of persons or body of
individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of
section 2 of the Income-tax Act,—
(a) having a total income exceeding fifty lakh rupees but not exceeding one crore rupees, at the rate of ten per
cent. of such income-tax;
(b) having a total income exceeding one crore rupees but not exceeding two crore rupees, at the rate of fifteen
per cent. of such income-tax;
(c) having a total income exceeding two crore rupees but not exceeding five crore rupees, at the rate of
twenty-five per cent. of such income-tax; and
(d) having a total income exceeding five crore rupees, at the rate of thirty-seven per cent. of such income-tax:
Provided that in the case of persons mentioned above having total income exceeding,—
(a) fifty lakh rupees but not exceeding one crore rupees, the total amount payable as income-
tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total
income of fifty lakh rupees by more than the amount of income that exceeds fifty lakh rupees;
(b) one crore rupees but does not exceed two crore rupees, the total amount payable as income-tax and
surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total
income of one crore rupees by more than the amount of income that exceeds one crore rupees;
(c) two crore rupees but does not exceed five crore rupees, the total amount payable as income-tax and
surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total
income of two crore rupees by more than the amount of income that exceeds two crore rupees;
(d) five crore rupees, the total amount payable as income-tax and surcharge on such income shall not
exceed the total amount payable as income-tax and surcharge on a total income of five crore rupees by more
than the amount of income that exceeds five crore rupees.

Paragraph B

In the case of every co-operative society,—

Rates of income-tax

(1) where the total income does not exceed Rs.10,000 10 per cent. of the total income;

(2) where the total income exceeds Rs.10,000 but does Rs. 1,000 plus 20 per cent. of the amount by which the total
not exceed Rs. 20,000 income exceeds Rs. 10,000;

(3) where the total income exceeds Rs. 20,000 Rs. 3,000 plus 30 per cent. of the amount by which the total
income exceeds Rs. 20,000.
Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section 112 or section 112A of the Income-tax Act, shall, in the case of every co-operative society,
having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union calculated
at the rate of twelve per cent. of such income-tax:
84 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Provided that in the case of every co-operative society mentioned above having total income exceeding one crore
rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable
as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.

Paragraph C
In the case of every firm,—

Rate of income-tax

On the whole of the total income 30 per cent.

Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section 112 or section 112A of the Income-tax Act, shall, in the case of every firm, having a total income
exceeding one crore rupees, be increased by a surcharge for the purposes of the Union calculated at the rate of twelve per
cent. of such income-tax:

Provided that in the case of every firm mentioned above having total income exceeding one crore rupees, the total
amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on
a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.

Paragraph D

In the case of every local authority,—

Rate of income-tax
On the whole of the total income 30 per cent.

Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section 112 or section 112A of the Income-tax Act, shall, in the case of every local authority, having a
total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union calculated at the rate
of twelve per cent. of such income-tax:

Provided that in the case of every local authority mentioned above having total income exceeding one crore rupees,
the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as
income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.
Paragraph E

In the case of a company,—

Rates of income-tax
I. In the case of a domestic company,—
(i) where its total turnover or the gross 25 per cent. of the total income;
receipt in the previous year 2017-2018 does not
exceed four hundred crore rupees;
(ii) other than that referred to in item (i) 30 per cent. of the total income.

II. In the case of a company other than a domestic company,—

(i) on so much of the total income as consists of,—
(a) royalties received from the Government or an Indian
concern in pursuance of an agreement made by it with the
Government or the Indian concern after the 31st day of March,
1961 but before the 1st day of April, 1976; or
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 85

(b) fees for rendering technical services received from

Government or an Indian concern in pursuance of an agreement
made by it with the Government or the Indian concern after the
29th day of February, 1964 but before the 1st day of April, 1976,
and where such agreement has, in either case, been approved by the 50 per cent.;
Government
(ii) on the balance, if any, of the total income 40 per cent.
Surcharge on income-tax
The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section 112 or section 112A of the Income-tax Act, shall be increased by a surcharge for the purposes
of the Union, calculated,––
(i) in the case of every domestic company,––
(a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of
seven per cent. of such income-tax; and
(b) having a total income exceeding ten crore rupees, at the rate of twelve per cent. of such income-tax;
(ii) in the case of every company other than a domestic company,––
(a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of
two per cent. of such income-tax; and
(b) having a total income exceeding ten crore rupees, at the rate of five per cent. of such income-tax:
Provided that in the case of every company having a total income exceeding one crore rupees but not exceeding ten
crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount
payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore
rupees:
Provided further that in the case of every company having a total income exceeding ten crore rupees, the total
amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and
surcharge on a total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees.
PART IV
[See section 2 (13)(c)]
RULES FOR COMPUTATION OF NET AGRICULTURAL INCOME
Rule 1.—Agricultural income of the nature referred to in sub-clause (a) of clause (1A) of section 2 of the Income-tax
Act shall be computed as if it were income chargeable to income-tax under that Act under the head “Income from other
sources” and the provisions of sections 57 to 59 of that Act shall, so far as may be, apply accordingly:
Provided that sub-section (2) of section 58 shall apply subject to the modification that the reference to section 40A
therein shall be construed as not including a reference to sub-sections (3), (3A) and (4) of section 40A.
Rule 2.—Agricultural income of the nature referred to in sub-clause (b) or sub-clause (c) of clause (1A) of section
2 of the Income-tax Act [other than income derived from any building required as a dwelling-house by the receiver of the
rent or revenue of the cultivator or the receiver of rent-in-kind referred to in the said sub-clause (c)] shall be computed as
if it were income chargeable to income-tax under that Act under the head “Profits and gains of business or profession” and
the provisions of sections 30, 31, 32, 36, 37, 38, 40, 40A [other than sub-sections (3), (3A) and (4) thereof], 41, 43, 43A, 43B
and 43C of the Income-tax Act shall, so far as may be, apply accordingly.
Rule 3.—Agricultural income of the nature referred to in sub-clause (c) of clause (1A) of section 2 of the Income-tax
Act, being income derived from any building required as a dwelling-house by the receiver of the rent or revenue or the
cultivator or the receiver of rent-in-kind referred to in the said sub-clause (c) shall be computed as if it were income
chargeable to income-tax under that Act under the head “Income from house property” and the provisions of sections 23
to 27 of that Act shall, so far as may be, apply accordingly.
86 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Rule 4.—Notwithstanding anything contained in any other provisions of these rules, in a case—
(a) where the assessee derives income from sale of tea grown and manufactured by him in India, such income
shall be computed in accordance with rule 8 of the Income-tax Rules, 1962, and sixty per cent. of such income shall
be regarded as the agricultural income of the assessee;
(b) where the assessee derives income from sale of centrifuged latex or cenex or latex based crepes (such as
pale latex crepe) or brown crepes (such as estate brown crepe, re-milled crepe, smoked blanket crepe or flat bark
crepe) or technically specified block rubbers manufactured or processed by him from rubber plants grown by him in
India, such income shall be computed in accordance with rule 7A of the Income-tax Rules, 1962, and sixty-five per
cent. of such income shall be regarded as the agricultural income of the assessee;
(c) where the assessee derives income from sale of coffee grown and manufactured by him in India, such
income shall be computed in accordance with rule 7B of the Income-tax Rules, 1962, and sixty per cent. or
seventy-five per cent., as the case may be, of such income shall be regarded as the agricultural income of the assessee.
Rule 5.—Where the assessee is a member of an association of persons or a body of individuals (other than a Hindu
undivided family, a company or a firm) which in the previous year has either no income chargeable to tax under the Income-
tax Act or has total income not exceeding the maximum amount not chargeable to tax in the case of an association of
persons or a body of individuals (other than a Hindu undivided family, a company or a firm) but has any agricultural
income then, the agricultural income or loss of the association or body shall be computed in accordance with these rules
and the share of the assessee in the agricultural income or loss so computed shall be regarded as the agricultural income
or loss of the assessee.
Rule 6.—Where the result of the computation for the previous year in respect of any source of agricultural income
is a loss, such loss shall be set off against the income of the assessee, if any, for that previous year from any other source
of agricultural income:
Provided that where the assessee is a member of an association of persons or a body of individuals and the share
of the assessee in the agricultural income of the association or body, as the case may be, is a loss, such loss shall not be
set off against any income of the assessee from any other source of agricultural income.
Rule 7.—Any sum payable by the assessee on account of any tax levied by the State Government on the agricultural
income shall be deducted in computing the agricultural income.
Rule 8.—(1) Where the assessee has, in the previous year relevant to the assessment year commencing on the 1st
day of April, 2019, any agricultural income and the net result of the computation of the agricultural income of the assessee
for any one or more of the previous years relevant to the assessment years commencing on the 1st day of April, 2011 or
the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day
of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018, is a loss, then, for the purposes of sub-section (2)
of section 2 of this Act,—
(i) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of
April, 2011, to the extent, if any, such loss has not been set off against the agricultural income for the previous year
relevant to the assessment year commencing on the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of
April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April,
2018,
(ii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of
April, 2012, to the extent, if any, such loss has not been set off against the agricultural income for the previous year
relevant to the assessment year commencing on the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day
of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018,
(iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day
of April, 2013, to the extent, if any, such loss has not been set off against the agricultural income for the previous
year relevant to the assessment year commencing on the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st
day of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018,
(iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of
April, 2014, to the extent, if any, such loss has not been set off against the agricultural income for the previous year
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 87

relevant to the assessment year commencing on the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day
of April, 2017 or the 1st day of April, 2018,
(v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of
April, 2015, to the extent, if any, such loss has not been set off against the agricultural income for the previous year
relevant to the assessment year commencing on the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of
April, 2018,
(vi) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of
April, 2016, to the extent, if any, such loss has not been set off against the agricultural income for the previous year
relevant to the assessment year commencing on the 1st day of April, 2017 or the 1st day of April, 2018,
(vii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day
of April, 2017, to the extent, if any, such loss has not been set off against the agricultural income for the previous
year relevant to the assessment year commencing on the 1st day of April, 2018,
(viii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day
of April, 2018,
shall be set off against the agricultural income of the assessee for the previous year relevant to the assessment year
commencing on the 1st day of April, 2019.
(2) Where the assessee has, in the previous year relevant to the assessment year commencing on the 1st day of
April, 2020, or, if by virtue of any provision of the Income-tax Act, income-tax is to be charged in respect of the income of
a period other than the previous year, in such other period, any agricultural income and the net result of the computation
of the agricultural income of the assessee for any one or more of the previous years relevant to the assessment years
commencing on the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April,
2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018 or the 1st day of April, 2019, is
a loss, then, for the purposes of sub-section (10) of section 2 of this Act,––
(i) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of
April, 2012, to the extent, if any, such loss has not been set off against the agricultural income for the previous year
relevant to the assessment year commencing on the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day
of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018 or the 1st day of
April, 2019,
(ii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of
April, 2013, to the extent, if any, such loss has not been set off against the agricultural income for the previous year
relevant to the assessment year commencing on the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day
of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018 or the 1st day of April, 2019,
(iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day
of April, 2014, to the extent, if any, such loss has not been set off against the agricultural income for the previous
year relevant to the assessment year commencing on the 1st day of April, 2015 or the 1st day of April, 2016 or the
1st day of April, 2017 or the 1st day of April, 2018 or the 1st day of April, 2019,
(iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of
April, 2015, to the extent, if any, such loss has not been set off against the agricultural income for the previous year
relevant to the assessment year commencing on the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day
of April, 2018 or the 1st day of April, 2019,
(v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of
April, 2016, to the extent, if any, such loss has not been set off against the agricultural income for the previous year
relevant to the assessment year commencing on the 1st day of April, 2017 or the 1st day of April, 2018 or the 1st day
of April, 2019,
(vi) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of
April, 2017, to the extent, if any, such loss has not been set off against the agricultural income for the previous year
relevant to the assessment year commencing on the 1st day of April, 2018 or the 1st day of April, 2019,
88 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(vii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day
of April, 2018, to the extent, if any, such loss has not been set off against the agricultural income for the previous
year relevant to the assessment year commencing on the 1st day of April, 2019,
(viii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day
of April, 2019,
shall be set off against the agricultural income of the assessee for the previous year relevant to the assessment year
commencing on the 1st day of April, 2020.
(3) Where any person deriving any agricultural income from any source has been succeeded in such capacity
by another person, otherwise than by inheritance, nothing in sub-rule (1) or sub-rule (2) shall entitle any person,
other than the person incurring the loss, to have it set off under sub-rule (1) or, as the case may be, sub-rule (2).
(4) Notwithstanding anything contained in this rule, no loss which has not been determined by the Assessing
Officer under the provisions of these rules or the rules contained in the First Schedule to the Finance Act, 2011
(8 of 2011) or the First Schedule to the Finance Act, 2012 (23 of 2012) or the First Schedule to the Finance Act, 2013
(17 of 2013) or the First Schedule to the Finance (No. 2) Act, 2014 (25 of 2014) or the First Schedule to the Finance
Act, 2015 (20 of 2015) or the First Schedule to the Finance Act, 2016 (28 of 2016) or the First Schedule to the Finance
Act, 2017 (7 of 2017) or the First Schedule to the Finance Act, 2018 (13 of 2018) shall be set off under sub-rule (1) or,
as the case may be, sub-rule (2).
Rule 9.—Where the net result of the computation made in accordance with these rules is a loss, the loss so
computed shall be ignored and the net agricultural income shall be deemed to be nil.
Rule 10.—The provisions of the Income-tax Act relating to procedure for assessment (including the provisions
of section 288A relating to rounding off of income) shall, with the necessary modifications, apply in relation to the
computation of the net agricultural income of the assessee as they apply in relation to the assessment of the total
income.
Rule 11.—For the purposes of computing the net agricultural income of the assessee, the Assessing Officer
shall have the same powers as he has under the Income-tax Act for the purposes of assessment of the total income.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 89

THE SECOND SCHEDULE

[See section 83(1)]

Notification number Amendment Period of effect

and date of amendment
(1) (2) (3)
st
G.S.R. 423 (E), In the said notification, in the Table, against serial number 443, in 31 March, 2017
dated the 1st June, column (2), for the figures “3823 11 90”, the figures “3823 11 00” to 14th September,
2011 [46/2011- shall be substituted. 2017
Customs, dated
1st June, 2011]
G.S.R. 499 (E), In the said notification, in the Table, against serial number 476, in 31st March, 2017
dated the 1st July, column (2), for the figures “3823 11 90”, the figures “3823 11 00” to 14th September,
2011 [53/2011- shall be substituted. 2017
Customs, dated
1st July, 2011]
G.S.R. 185 (E), In the said notification, in the Table, against serial numbers 230 and 31st March,
dated the 17th March, 230A, in column (2), for the figures “3823 11 90”, the figures 2017 to
2012 [12/2012- “3823 11 00” shall be substituted. 30th June, 2017
Customs, dated
17th March, 2012]
90 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

THE THIRD SCHEDULE

[See section 84(1)]

Notification number Amendment Period of effect

and date of amendment
(1) (2) (3)
G.S.R. 785 (E), In the said notification, in the Table, against serial number 251 and 252, 1st July, 2017
dated the 30th June, in column (2), for the figures “3823 11 90”, the figures “3823 11 00” to 14th September,
2017 [50/2017- shall be substituted. 2017
Customs, dated
30th June, 2017]
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 91

THE FOURTH SCHEDULE

[See section 88(a)]
In the First Schedule to the Customs Tariff Act,—
(1) in Chapter 39, for the entry in column (4) occurring against all the tariff items of heading 3918, the entry “15%”
shall be substituted;
(2) in Chapter 68, for the entry in column (4) occurring against all the tariff items of heading 6813, the entry “15%”
shall be substituted;
(3) in Chapter 69, for the entry in column (4) occurring against all the tariff items of headings 6905 and 6907, the entry
“15%” shall be substituted;
(4) in Chapter 70, for the entry in column (4) occurring against all the tariff items of heading 7009, the entry “15%”
shall be substituted;
(5) in Chapter 71,––
(i) for the entry in column (4) occurring against all the tariff items of headings 7106, 7108, 7110 and 7112, the
entry “12.5%” shall be substituted;
(ii) for the entry in column (4) occurring against tariff items 7107 00 00, 7109 00 00 and 7111 00 00, the entry
"12.5%" shall be substituted;
(6) in Chapter 83, ––
(i) for the entry in column (4) occurring against tariff item 8301 20 00, the entry “15%” shall be substituted;
(ii) for the entry in column (4) occurring against all the tariff items of heading 8302, the entry “15%” shall be
substituted;
(7) in Chapter 84,––
(i) for the entry in column (4) occurring against tariff item 8415 90 00, the entry “20%” shall be substituted;
(ii) for the entry in column (4) occurring against tariff items 8421 23 00, 8421 31 00, 8421 39 20 and 8421 39 90,
the entry “10%” shall be substituted;
(8) in Chapter 85,—
(i) for the entry in column (4) occurring against tariff items 8512 10 00, 8512 20 10, 8512 20 20, 8512 20 90,
8512 30 10, 8512 30 90 and 8512 40 00, the entry “15%” shall be substituted;
(ii) for the entry in column (4) occurring against tariff item 8512 90 00, the entry “10%” shall be substituted;
(iii) for the entry in column (4) occurring against tariff items 8518 21 00 and 8518 22 00, the entry “15%” shall
be substituted;
(iv) for the entry in column (4) occurring against tariff item 8521 90 90, the entry “20%” shall be
substituted;
(v) for the entry in column (4) occurring against tariff items 8525 80 10, 8525 80 20, 8525 80 30 and 8525 80 90,
the entry “20%” shall be substituted;
(vi) for the entry in column (4) occurring against tariff items 8539 10 00, 8539 21 20 and 8539 29 40, the entry
“15%” shall be substituted;
(8) in Chapter 87, for the entry in column (4) occurring against all the tariff items of headings 8706 and 8707, the entry
“15%” shall be substituted;
(9) in Chapter 90, for the entry in column (4) occurring against tariff item 9001 10 00, the entry “15%” shall be
substituted;
(10) in Chapter 98, after Note 6, the following Note shall be inserted, namely :—
“7. Heading 9804 is to be taken not to apply to printed books.”.
92 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

THE FIFTH SCHEDULE

[See section 88(b)]

In the First Schedule to the Customs Tariff Act,––

Tariff Item Description of goods Unit Rate of duty

Standard Preferential
(1) (2) (3) (4) (5)

(1) in Chapter 1, for the entry in column (2) occurring against tariff item 0106 20 00, the following shall be substituted,
namely:—

“- Reptiles (including snakes and turtles)”;

(2) in Chapter 2,—
(i) for the entry in column (2) occurring against heading 0201, the following shall be substituted, namely:—
“MEAT OF BOVINE ANIMALS,
FRESH OR CHILLED”;
(ii) for the entry in column (2) occurring against heading 0207, the following shall be substituted, namely:—
“MEAT AND EDIBLE OFFAL, OF
THE POULTRY OF HEADING 0105,
FRESH, CHILLED OR FROZEN”;

(3) in Chapter 3,—

(i) in heading 0303,—
(a) in the entry in column (2) occurring against tariff item 0303 14 00, for the words “Oncorhynchus clarkii”, the
words “Oncorhynchus clarki” shall be substituted;
(b) in the entry in column (2) occurring after the entry against tariff item 0303 19 00, for the words and bracket “carp
(Cyprinus carpio, Carassius carassius, Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobroma spp.”,
the words and brackets “carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp.,
Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.)” shall be substituted;
(c) in the entry in column (2) occurring against tariff item 0303 25 00,—
(i) for the words “Cyprinus carpio, Carassius carassius”, the words “Cyprinus spp., Carassius spp.” shall be
substituted;
(ii) for the word "Megalobroma", the word "Megalobrama" shall be substituted;
(d) in the entry in column (2) occurring against tariff item 0303 31 00, for the word “hippoglossidae”, the word
“hippoglossoides” shall be substituted;
(e) in the entry in column (2) occurring after the entry against tariff item 0303 49 00, for the words and brackets “scads
(Decapterusspp.)”, the words and brackets “scads (Decapterus spp.)” shall be substituted;
(f) for tariff item 0303 59 00 and the entries relating thereto, the following shall be substituted, namely:—

“0303 59 -- Others:
0303 59 10 --- Indian mackerels (Rastrelliger spp.) kg. 30% -
0303 59 90 --- Other kg. 30% -”;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 93

(ii) in heading 0304, in the entry in column (2) occurring against tariff items 0304 42 00 and 0304 82 00, for the
words “Oncorhynchus clarkii”, the words “Oncorhynchus clarki” shall be substituted;
(iii) in heading 0305,—
(a) in the entry in column (2) occurring against tariff item 0305 32 00, for the word “Uclichthyidae”, the word
“Euclichthyidae” shall be substituted;
(b) in the entry in column (2) occurring against tariff item 0305 43 00, for the words “Oncorhynchus clarkii”, the
words “Oncorhynchus clarki” shall be substituted;
(iv) in heading 0306, after tariff item 0306 17 19 and the entries relating thereto, the following shall be inserted,
namely:—
“0306 17 20 - - - Vannamei shrimp (Litopenaeus vannamei) kg. 30% -
0306 17 30 - - - Indian white shrimp (Fenneropenaeus indicus) kg. 30% -
0306 17 40 - - - Black tiger shrimp (Penaeus monodon) kg. 30% -
0306 17 50 - - - Flower shrimp (Penaeus semisulcatus) kg. 30% -”;
(v) in heading 0308,—
(a) in the entry in column (2), for the words “MOLLUSCS, LIVE, FRESH, CHILLED, DRIED, SALTED OR IN
BRINE”, the words “MOLLUSCS, LIVE, FRESH, CHILLED, FROZEN, DRIED, SALTED OR IN BRINE” shall be
substituted;
(b) for tariff item 0308 90 00 and the entries relating thereto, the following shall be substituted, namely:—
“0308 90 00 - Other kg. 30% -”;
(4) in Chapter 4, in heading 0406,—
(i) for the entry in column (2) occurring against tariff item 0406 10 00, the following shall be substituted, namely:—
“- Fresh (unripened or uncured) cheese,
including whey cheese, and curd”;
(ii) for the entry in column (2) occurring against tariff item 0406 30 00, the following shall be substituted, namely:—
“- Processed cheese, not grated or powdered”;
(5) in Chapter 5, in the entry in column (2) occurring against heading 0506, for the words “DEGELATINISED POWDER”,
the words “DEGELATINISED; POWDER” shall be substituted;
(6) in Chapter 7,—
(i) in Note 2, for the words “Majorana hartensis”, the words “Majorana hortensis” shall be substituted;
(ii) in the entry in column (2) occurring against heading 0705, for the word “LACTUCASATIVA”, the words “LACTUCA
SATIVA” shall be substituted;
(iii) for tariff item 0709 93 00 and the entries relating thereto, the following shall be substituted, namely:—
“0709 93 -- Pumpkins, squash and gourds (Cucurbita spp.):
0709 93 10 --- Pumpkins kg. 30% 20%
0709 93 20 --- Squash kg. 30% 20%
0709 93 30 --- Bitter gourd kg. 30% 20%
0709 93 40 --- Bottle gourd kg. 30% 20%
0709 93 50 --- Snake gourd kg. 30% 20%
0709 93 60 --- Coccinia (Kundru) kg. 30% 20%
0709 93 90 --- Other kg. 30% 20%”;
(iv) for tariff item 0709 99 20 and the entries relating thereto, the following shall be substituted, namely:—

“0709 99 30 --- Okra/lady finger (Bhindi) kg. 30% 20%”;

94 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(v) for tariff item 0713 10 00 and the entries relating thereto, the following shall be substituted, namely:—
“0713 10 - Peas (Pisum sativum):
0713 10 10 --- Yellow peas kg. 50% 40%
0713 10 20 --- Green peas kg. 50% 40%
0713 10 90 --- Other kg. 50% 40%”;
(7) in Chapter 8,—
(i) for tariff item 0804 50 20 and the entries relating thereto, the following shall be substituted, namely:—
“- - - Mangoes, fresh:
0804 50 21 - - - - Alphonso (Hapus) kg. 30% 20%
0804 50 22 - - - - Banganapalli kg. 30% 20%
0804 50 23 - - - - Chausa kg. 30% 20%
0804 50 24 - - - - Dasheri kg. 30% 20%
0804 50 25 - - - - Langda kg. 30% 20%
0804 50 26 - - - - Kesar kg. 30% 20%
0804 50 27 - - - - Totapuri kg. 30% 20%
0804 50 28 - - - - Mallika kg. 30% 20%
0804 50 29 - - - - Other kg. 30% 20%”;
(ii) for tariff item 0807 19 00 and the entries relating thereto, the following shall be substituted, namely:—
“0807 19 -- Other:
0807 19 10 --- Musk melons kg. 30% 20%
0807 19 90 --- Other kg. 30% 20%”;
(iii) in the entry in column (2) occurring against heading 0809, for the words “PLUMS AND SOLES”, the words
“PLUMS AND SLOES” shall be substituted;
(8) in Chapter 9, for the entry in column (2) occurring against sub-heading 0906 19, the following shall be substituted,
namely:—

“- - Other:”;

(9) in Chapter 10, for tariff item 1005 90 00 and the entries relating thereto, the following shall be substituted,
namely:—

“1005 90 - Other:
--- Dent corn (Zea mays var. indenta):
1005 90 11 ---- Yellow kg. 60% -
1005 90 19 ---- Other kg. 60% -
1005 90 20 --- Flint corn (Zea mays var. indurata) kg. 60% -
1005 90 30 --- Pop corn (Zea mays var. everta) kg. 60% -
1005 90 90 --- Other kg. 60% -”;
(10) in Chapter 11, after tariff item 1102 90 10 and the entries relating thereto, the following shall be inserted,
namely:—

“- - - Rice flour:
1102 90 21 ---- Brown rice flour kg. 30% -
1102 90 22 ---- White rice flour kg. 30% -
1102 90 29 ---- Other kg. 30% -”;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 95

(11) in Chapter 12, in the entry in column (2) occurring against heading 1212, for the words “Ci-chorium intybus
sativum”, the words “CICHORIUM INTYBUS SATIVUM” shall be substituted;
(12) in Chapter 15,—
(i) for the entry in column (2) occurring against tariff item 1512 19 30, the following shall be substituted, namely:—

“- - - Safflower oil, edible grade”;

(ii) for the entry in column (2) occurring against tariff item 1512 19 40, the following shall be substituted, namely:—

“- - - Safflower oil, non-edible grade”;

(13) in Chapter 21, in the entry in column (2) occurring against heading 2103, for the words “THEREFOR, MIXED”,
the words “THEREFOR; MIXED” shall be substituted;
(14) in Chapter 22,—
(i) in Note 1, in clause (a), for the words “products falling thereunder”, the words “products of this Chapter” shall
be substituted;
(ii) in the entry in column (2) occurring against tariff item 2206 00 00, for the words “MIXTURES OF FERMENTED
BEVERAGES AND NON-ALCOHOLIC BEVERAGES”, the words “MIXTURES OF FERMENTED BEVERAGES AND
MIXTURES OF FERMENTED BEVERAGES AND NON-ALCOHOLIC BEVERAGES” shall be substituted;
(iii) in heading 2208,—
(a) tariff items 2208 20 12, 2208 20 92 and 2208 50 13 and the entries relating thereto shall be omitted;
(b) for tariff item 2208 60 93 and the entries relating thereto, the following shall be substituted, namely:—

“2208 60 00 - Vodka l 150% -”:

(15) in Chapter 25, in Note 2, in clause (b), for the words “evaluated at”, the words “evaluated as” shall be substituted;
(16) in Chapter 26,—
(i) in Note 3, in clause (a), for the words “excluding slag, ash and residues”, the words “excluding ash and
residues” shall be substituted;
(ii) in heading 2620,—
(a) for the tariff item 2620 19 00 and the entries relating thereto, the following shall be substituted, namely:—

“2620 19 -- Other:
2620 19 10 --- Zinc dross kg. 10% -
2620 19 90 --- Other kg. 10% -”;
(b) for the tariff item 2620 29 00 and the entries relating thereto, the following shall be substituted, namely:—

“2620 29 -- Other:
2620 29 10 --- Lead dross kg. 5% -
2620 29 90 --- Other kg. 5% -”;
(17) in Chapter 27,—
(i) for the Supplementary Note, the following Supplementary Note shall be substituted, namely:—
“Supplementary Note:
In this Chapter, reference to any standard of the Bureau of Indian Standards refers to the last published version
of that standard.
96 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Illustration : IS 1459 refers to IS 1459: 2018 and not to IS 1459: 1974.”;

(ii) in the entry in column (2) occurring against heading 2707, for the words “COAL TAR SIMILAR PRODUCTS”,
the words “COAL TAR; SIMILAR PRODUCTS” shall be substituted;
(iii) in heading 2710,—
(a) for sub-heading 2710 12, tariff items 2710 12 11 to 2710 12 90, sub-heading 2710 19 and tariff items 2710 19 10
to 2710 20 00 and the entries relating thereto, the following shall be substituted, namely:—
“2710 12 -- Light oils and preparations:
--- Naphtha:
2710 12 21 ---- Light naphtha kg. 10% -
2710 12 22 ---- Heavy naphtha kg. 10% -
2710 12 29 ---- Full range naphtha kg. 10% -
--- Solvent 60/80, solvent 50/120 and solvent 145/205
(petroleum hydrocarbon solvents) as specified under
standard IS 1745:
2710 12 31 ---- Solvent 60/80 kg. 10% -
2710 12 32 ---- Solvent 50/120 kg. 10% -
2710 12 39 ---- Solvent 145/205 kg. 10% -
--- Motor gasoline conforming to standard IS 2796,
IS 17021 or IS 17076:
2710 12 41 ---- Motor gasoline conforming to standard IS 2796 kg. 10% -
2710 12 42 ---- E 20 fuel conforming to standard IS 17021 kg. 10% -
2710 12 49 ---- M15 fuel conforming to standard IS 17076 kg. 10% -
2710 12 50 --- Aviation gasoline conforming to standard IS 1604 kg. 10% -
2710 12 90 --- Other kg. 10% -
2710 19 -- Other:
2710 19 20 --- Solvent 125/240 (petroleum hydrocarbon solvent) kg. 10% -
as specified under standard IS 1745
--- Kerosene intermediate and oils obtained from
kerosene intermediate:
2710 19 31 ---- Kerosene intermediate kg. 10% -
2710 19 32 ---- Kerosene conforming to standard IS 1459 kg. 10% -
2710 19 39 ---- Aviation turbine fuels, kerosene type conforming to kg. 10% -
standard IS 1571
--- Gas oil and oils obtained from gas oil:
2710 19 41 ---- Gas oil kg. 10% -
2710 19 42 ---- Vacuum gas oil kg. 10% -
2710 19 43 ---- Light diesel oil conforming to standard IS 15770 kg. 10% -
2710 19 44 ---- Automotive diesel fuel, not containing biodiesel, kg. 10% -
conforming to standard IS 1460
2710 19 49 ---- High flash high speed diesel fuel conforming to kg. 10% -
standard IS 16861
--- Fuel oils conforming to standard IS 1593:
2710 19 51 ---- Grade LV kg. 10% -
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 97

2710 19 52 ---- Grade MV1 kg. 10% -

2710 19 53 ---- Grade MV2 kg. 10% -
2710 19 59 ---- Grade HV kg. 10% -
--- Fuels (Class F) or marine fuels conforming to
standard IS 16731:
2710 19 61 ---- Distillate oil kg. 10% -
2710 19 69 ---- Residual oil kg. 10% -
--- Base oil and lubricating oil:
2710 19 71 ---- Base oil kg. 10% -
2710 19 72 ---- Engine oil (internal combustion engine crankcase oils) kg. 10% -
conforming to standard IS 13656
2710 19 73 ---- Engine oil conforming to standard IS 14234 kg. 10% -
2710 19 74 ---- Automotive gear oil conforming to standard IS 1118 kg. 10% -
2710 19 75 ---- Industrial gear oil conforming to standard IS 8406 kg. 10% -
2710 19 76 ---- General purpose machinery and spindle oils kg. 10% -
conforming to standard IS 493
2710 19 77 ---- Turbine lubricating oil conforming to standard IS 1012 kg. 10% -
2710 19 78 ---- Other lubricating oil, conforming to any other BIS kg. 10% -
standard
2710 19 79 ---- Other lubricating oil, not conforming to any BIS standard kg. 10% -
--- Cutting oil, hydraulic oil, industrial white oil, jute
batching oil, mineral oil for cosmetic industry,
transformer oil:
2710 19 81 ---- Cutting oil conforming to standard IS 1115 kg. 10% -
2710 19 82 ---- Cutting oil (neat) conforming to standard IS 3065 kg. 10% -
2710 19 83 ---- Hydraulic oil conforming to standard IS 3098 or kg. 10% -
IS 11656
2710 19 84 ---- Industrial white oil conforming to standard IS 1083 kg. 10% -
2710 19 85 ---- Insulating oil for transformer and circuit-breaker kg. 10% -
(transformer and circuit-breaker oils) conforming to
standard IS 335 or IS 12463
2710 19 86 ---- Mineral oil for cosmetic industry conforming to kg. 10% -
standard IS 7299
2710 19 87 ---- Jute batching oil conforming to standard IS 1758 kg. 10% -
2710 19 88 ---- Other cutting oil, hydraulic oil, industrial white oil, kg. 10% -
jute batching oil, mineral oil for cosmetic industry,
transformer oil conforming to any other BIS standard
2710 19 89 ---- Other cutting oil, hydraulic oil, industrial white oil, kg. 10% -
jute batching oil, mineral oil for cosmetic industry,
transformer oil, not conforming to any BIS standard
2710 19 90 --- Other kg. 10% -
2710 20 - Petroleum oils and oils obtained from bituminous
minerals (other than crude) and preparations not
elsewhere specified or included, containing by
weight 70 % or more of petroleum oils or of oils
obtained from bituminous minerals, these oils being
the basic constituents of the preparations, containing
biodiesel, other than waste oils:
98 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

2710 20 10 --- Automotive diesel fuel, containing biodiesel, kg. 10% -

conforming to standard IS 1460
2710 20 20 --- Diesel fuel blend (B6 to B20) conforming to kg. 10% -
standard IS 16531
2710 20 90 --- Other kg. 10% -”;
(b) for the entry in column (2) occurring against tariff item 2710 99 00, the following shall be substituted
namely:—

“- - Other” ;
(iv) in heading 2711, for tariff item 2711 19 00 and the entries relating thereto, the following shall be substituted,
namely:—

“2711 19 -- Other:
2711 19 10 --- LPG (for non-automotive purposes) conforming to kg. 10% -
standard IS 4576
2711 19 20 --- LPG (for automotive purposes) conforming to kg. 10% -
standard IS 14861
2711 19 90 --- Other kg. 10% -”;
(v) in heading 2713, for tariff items 2713 11 00 and 2713 12 00 and the entries relating thereto, the following shall be
substituted, namely:—
“2713 11 -- Not calcined:
2713 11 10 --- Raw petroleum coke for anode making in aluminium kg. 10% -
industry conforming to standard IS 17049
2713 11 90 --- Other kg. 10% -
2713 12 -- Calcined:
2713 12 10 --- Calcined petroleum coke for anode making in kg. 10% -
aluminium industry conforming to standard IS 17049
2713 12 90 --- Other kg. 10% -”;
(18) in Chapter 28,—
(i) in Note 3, in clause (e), for the words and figures “of heading 3813, ink removers”, the words and figures “of
heading 3813; ink removers” shall be substituted;
(ii) for the entry in column (2) occurring against tariff item 2836 30 00, the following shall be substituted, namely:—

“- Sodium hydrogencarbonate (sodium bicarbonate)”;

(19) in Chapter 29,—

(i) in Note 5, in clause (C), in paragraph (1), for the words “compound; and”, the word “compound;” shall be
substituted;
(ii) in Note 7, for the words “thioaldehydes anhydrides”, the words “thioaldehydes, anhydrides” shall be substituted;
(iii) after tariff item 2901 29 20 and the entries relating thereto, the following shall be inserted, namely:—
“2901 29 30 --- Dihydromyrcene kg. 10% -
2901 29 40 --- Tetradecene kg. 10% -”;
(iv) in heading 2902,—
(a) for tariff item 2902 19 00 and the entries relating thereto, the following shall be substituted, namely:—
“2902 19 -- Other:
2902 19 10 --- Cyclopropyl actetylene kg. 10% -
2902 19 90 --- Other kg. 10% -”;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 99

(b) after tariff item 2902 90 50 and the entries relating thereto, the following shall be inserted, namely:—
“2902 90 60 --- N-propyl benzene kg. 10% -”;
(v) in heading 2904, tariff item 2904 10 40 and the entries relating thereto, shall be omitted;
(vi) in heading 2905,—
(a) after tariff item 2905 22 40 and the entries relating thereto, the following shall be inserted, namely:—
“2905 22 50 --- Dihydromyrcenol kg. 10% -”;
(b) after tariff item 2905 39 10 and the entries relating thereto, the following shall be inserted, namely:—
“2905 39 20 --- Hexylene glycol kg. 10% -”;
(vii) in heading 2907, after tariff item 2907 29 10 and the entries relating thereto, the following shall be inserted,
namely:—
“2907 29 20 --- Tris (p-hydroxy phenyl) ethane kg. 10% -
2907 29 30 --- Tertiary butyl hydroquinone kg. 10% -”;
(viii) in heading 2909,—
(a) for tariff item 2909 19 00 and the entries relating thereto, the following shall be substituted, namely:—
“2909 19 -- Other:
2909 19 10 --- Tertiary amyl methyl ether kg. 10% -
2909 19 20 --- Methyl tertiary butyl ether (MTBE) kg. 10% -
2909 19 90 --- Other kg. 10% -”;
(b) for the entry in column (2) occurring against tariff item 2909 41 00, the following shall be substituted,
namely:—
“- - 2,2’-oxydiethanol (diethylene glycol, digol)”;
(c) for tariff item 2909 49 00 and the entries relating thereto, the following shall be substituted, namely:—
“2909 49 -- Other:
2909 49 10 --- Phenoxy ethanol kg. 10% -
2909 49 20 --- 1-(4-phenoxyphenoxy) propan-2-ol kg. 10% -
2909 49 30 --- Meta phenoxy benzyl alcohol (MPBA) kg. 10% -
2909 49 90 --- Other kg. 10% -”;
(d) after tariff item 2909 50 30 and the entries relating thereto, the following shall be inserted, namely:—
“2909 50 40 --- 4-methoxy phenol (mono methyl ether of hydroquinone) kg. 10% -
“2909 50 50 --- Butylated hydroxyanisole (BHA) kg. 10% -”;
(ix) in heading 2912, after tariff item 2912 29 20 and the entries relating thereto, the following shall be inserted,
namely:—
“2912 29 30 --- Hexyl cinnamic aldehyde kg. 10% -”;
(x) in heading 2914,—
(a) after tariff item 2914 29 22 and the entries relating thereto, the following shall be inserted, namely:—
“2914 29 30 --- Pentyl-2-cyclopenten-1-one kg. 10% -
2914 29 40 --- Cyclohexane dione kg. 10% -
2914 29 50 --- 7-acetyl, 1,2,3,4,5,6,7,8-octahydro, 1,1, 6,7-tetra methyl kg. 10% -”;
Naphthalene / 1-(2,3,8,8-tetramethyl-1,2,3,4,5,6,7,8-
octahydronaphthalen-2-yl) ethanone
(b) after tariff item 2914 79 20 and the entries relating thereto, the following shall be inserted, namely:—
“2914 79 30 --- Tri fluoro methyl acetophenone kg. 10% -
2914 79 40 --- Chloro-4-(4-chloro phenoxy) acetophenone kg. 10% -
2914 79 50 --- Dichloroacetophenone kg. 10% -”;
100 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(xi) in heading 2915,—

(a) after tariff item 2915 39 60 and the entries relating thereto, the following shall be inserted, namely:—
“2915 39 70 --- Ortho tertiary butyl cyclohexyl acetate kg. 10% -
2915 39 80 --- Para tertiary butyl cyclohexyl acetate kg. 10% -”;
(b) for tariff item 2915 39 90 and the entries relating thereto, the following shall be substituted, namely:—
“- - - Other:
2915 39 91 ---- Methyl cyclohexyl acetate kg. 10% -
2915 39 92 ---- Ethylene glycol mono ethyl ether acetate kg. 10% -
2915 39 99 ---- Other kg. 10% -”;
(c) for tariff items 2915 90 20 to 2915 90 90 and the entries relating thereto, the following shall be substituted,
namely:—
“2915 90 40 --- Pivaloyl chloride kg. 10% -
2915 90 50 --- N-valeryl chloride kg. 10% -
2915 90 60 --- N-octanoyl chloride kg. 10% -
2915 90 70 --- Neodecanoyl chloride kg. 10% -
--- Other:
2915 90 91 ---- Hexoic acid (caproic acid) kg. 10% -
2915 90 92 ---- Octoic acid (caprylic acid) kg. 10% -
2915 90 93 ---- Tri fluoro acetic acid kg. 10% -
2915 90 94 ---- Ethyl difluoro acetate kg. 10% -
2915 90 95 ---- Ethyl trifluoro acetate kg. 10% -
2915 90 99 ---- Other kg. 10% -”;
(xii) in heading 2916,—
(a) after tariff item 2916 19 60 and the entries relating thereto, the following shall be inserted, namely:—
“2916 19 70 --- Erucic acid kg. 10% -”;
(b) for tariff item 2916 20 00 and the entries relating thereto, the following shall be substituted, namely:—
“2916 20 - Cyclanic, cyclenic or cycloterpenic monocarboxylic acids,
their anhydrides, halides, peroxides, peroxyacids and
their derivatives:
2916 20 10 --- D. V. acid chloride/cypermethric acid chloride kg. 10% -
2916 20 90 --- Other kg. 10% -”;
(c) after tariff item 2916 39 50 and the entries relating thereto, the following shall be inserted, namely:—
“2916 39 60 --- Dichlorophenyl acetyl chloride kg. 10% -”;
(xiii) in heading 2917,—
(a) for tariff item 2917 13 00 and the entries relating thereto, the following shall be substituted, namely:—
“2917 13 -- Azelaic acid, sebacic acid, their salts and esters:
2917 13 10 --- Sebacic Acid kg. 10% -
2917 13 90 --- Other kg. 10% -”;
(b) in the entry in column (2) occurring against tariff item 2917 20 00, for the word “polycaroxylic”, the word
“polycarboxylic” shall be substituted;
(xiv) in heading 2918,—
(a) for the entry in column (2) occurring against sub-heading 2918 19, the following shall be substituted, namely:—
“- - Other:”;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 101

(b) after tariff item 2918 19 10 and the entries relating thereto, the following shall be inserted, namely:—
“2918 19 20 --- Cholic acid kg. 10% -
2918 19 30 --- Ricinoleic acid kg. 10% -”;
(c) after tariff item 2918 23 30 and the entries relating thereto, the following shall be inserted, namely:—
“2918 23 40 --- Benzyl salicylate kg. 10% -”;
(d) after tariff item 2918 30 40 and the entries relating thereto, the following shall be inserted, namely:—
“2918 30 50 --- Fluoro benzoyl butyric acid kg. 10% -”;
(e) for tariff item 2918 99 00 and the entries relating thereto, the following shall be substituted, namely:—
“2918 99 -- Other:
2918 99 10 --- Sodium phenoxy acetate kg. 10% -
2918 99 20 --- Methyl (E)-2-[2-(chloro methyl) phenyl]-3- kg. 10% -
methoxyacrylate
2918 99 90 --- Other kg. 10% -”;
(xv) in heading 2920, for tariff item 2920 90 99 and the entries relating thereto, the following shall be substituted,
namely:—
“2920 90 00 - Other kg. 10% -”;
(xvi) in heading 2921,––
(a) for tariff items 2921 42 15 to 2921 42 24 and the entries relating thereto, the following shall be substituted, namely:—
“2921 42 15 ---- 2 - 4 - 5 trichloroaniline kg. 10% -
--- N-benzyl-N-ethylaniline, N,N-diethylaniline,
N,N-dimethylaniline, meta nitroaniline, para nitroaniline:
2921 42 21 ---- N-benzyl-N-ethylaniline kg. 10% -
2921 42 22 ---- N,N-diethylaniline kg. 10% -
2921 42 23 ---- N,N-dimethylaniline kg. 10% -
2921 42 24 ---- N-ethyl aniline kg. 10% -”;
(b) for tariff items 2921 43 10 to 2921 43 20 and the entries relating thereto, the following shall be substituted, namely:—
“2921 43 10 --- N,N-diethyl toluidine kg. 10% -
2921 43 20 --- N,N-dimethyl toluidine kg. 10% -”;
(c) after tariff item 2921 49 10 and the entries relating thereto, the following shall be inserted, namely:—
“2921 49 20 --- Para cumidine kg. 10% -”;
(d) after tariff item 2921 59 30 and the entries relating thereto, the following shall be inserted, namely:—
“2921 59 40 --- Diaminostilbene 2,2-disulphonic acid (Dasda) kg. 10% -”;
(xvii) in heading 2922,—
(a) for the entry in column (2) occurring against sub-heading 2922 11, the following shall be substituted,
namely:—
“- - Monoethanolamine and its salts:”;
(b) in the entry in column (2) occurring after the entry against tariff item 2922 29 26, after the words, brackets
and letter “Picramic acid (T-grade)”, the words “, para cresidine ortho sulphonic acid” shall be inserted;
(c) after tariff item 2922 29 35 and the entries relating thereto, the following shall be inserted, namely:—
“2922 29 36 ---- Para cresidine ortho sulphonic acid kg. 10% -”;
(xviii) in heading 2930, after tariff item 2930 90 97 and the entries relating thereto, the following shall be inserted,
namely:—
“2930 90 98 ---- Dichloro diphenyl sulphone kg. 10% -”;
102 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(xix) in heading 2932, for tariff item 2932 99 00 and the entries relating thereto, the following shall be substituted,
namely:—
“2932 99 -- Other:
2932 99 10 --- Cineole kg. 10% -
2932 99 90 --- Other kg. 10% -”;
(xx) in heading 2933,—
(a) for tariff item 2933 19 90 and the entries relating thereto, the following shall be substituted, namely:—
“- - - Other:
2933 19 91 ---- Fluoro-3-(difluoromethyl)-1-methyl-1h-pyrazole-4- kg. 10% -
carbonyl fluoride
2933 19 99 ---- Other kg. 10% -”;
(b) tariff item 2933 39 17 and the entries relating thereto, shall be omitted;
(c) after tariff item 2933 69 10 and the entries relating thereto, the following shall be inserted, namely:—
“2933 69 20 --- 4-[4,6-bis(2,4-dimethylphenyl)-1,3,5- kg. 10% -
triazine-2-yl]-1,3-benzenediol
2933 69 30 --- Tris(2-hydroxyethyl) isocyanurate kg. 10% -
2933 69 40 --- Ethylhexyltriazone kg. 10% -
2933 69 50 --- 2,4,6-tri(2,4-dyhydroxyl-3-methylphenyl)-1,3,5-triazine kg. 10% -”;
(d) for tariff item 2933 79 00 and the entries relating thereto, the following shall be substituted, namely:—
“2933 79 -- Other lactams :
2933 79 10 --- N-methyl-2-pyrrolidone kg. 10% -
2933 79 20 --- N-ethyl-2-pyrrolidone kg. 10% -
2933 79 90 --- Other kg. 10% -”;
(e) in the entry in column (2) occurring against tariff item 2933 91 00, for the words, brackets and letters
“flunitrzepam (INN), flurazepam (INN), halazaepam (INN)”, the words, brackets and letters “flunitrazepam (INN),
flurazepam (INN), halazepam (INN)” shall be substituted;
(f) for tariff item 2933 99 00 and the entries relating thereto, the following shall be substituted, namely:—
“2933 99 -- Other:
2933 99 10 --- Imidazo pyridine methyl amine kg. 10% -
2933 99 90 --- Other kg. 10% -”;
(xxi) in heading 2934,—
(a) in the entry in column (2) occurring against tariff item 2934 91 00, for the word “claxazolam”, the word
“cloxazolam” shall be substituted;
(b) for tariff item 2934 99 00 and the entries relating thereto, the following shall be substituted, namely:—
“2934 99 - - Other:
2934 99 10 - - - Chloro thiophene-2-carboxylic acid kg. 10% -
2934 99 20 - - - Morpholine kg. 10% -
2934 99 90 - - - Other kg. 10% -”;
(xxii) in heading 2937, in the entry in column (2) occurring against tariff item 2937 21 00, for the words and brackets
“prednisone, (dehydrocortisone)”, the words and brackets “prednisone (dehydrocortisone)” shall be substituted;
(xxiii) in heading 2939,—
(a) for the entry in column (2) occurring against tariff item 2939 19 00, the following shall be substituted,
namely:—
“- - Other”;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 103

(b) for tariff item 2939 79 00 and the entries relating thereto, the following shall be substituted, namely:—
“2939 79 - - Other:
2939 79 10 - - - Nicotine kg. 10% -
2939 79 90 - - - Other kg. 10% -”;
(20) in Chapter 30,—
(i) in heading 3004, in the entry in column (2) occurring after the entry against tariff item 3004 20 99, for the words
“hormones and other products”, the words “hormones or other products” shall be substituted;
(ii) in heading 3006, in the entry in column (2) occurring against sub-heading 3006 60, for the words “hormones,
or other products”, the words “hormones, on other products” shall be substituted;
(21) in Chapter 31, in Note 1, in clause (c), for the brackets, words, figures and letter “(other than optical elements
weighing not less than 2.5 g. each, of heading 3824)”, the brackets, words, figures and letter “(other than optical
elements) weighing not less than 2.5 g. each, of heading 3824” shall be substituted;
(22) in Chapter 32,—
(i) in heading 3204, in the entry in column (2) occurring against sub-heading 3204 15, for the words “preparations
thereon”, the words “preparations based thereon” shall be substituted;
(ii) in the entry in column (2) occurring against heading 3207, for the words “CERAMIC ENAMELLING”, the
words “CERAMIC, ENAMELLING” shall be substituted;
(23) in Chapter 33,—
(i) in heading 3301, for the entry in column (2) occurring after the entry against tariff item 3301 30 10, the following
shall be substituted;
“- - - Other:”
(ii) in the entry in column (2) occurring against heading 3307, for the words “INCLUDED, PREPARED”, the words
“INCLUDED; PREPARED” shall be substituted;
(24) in Chapter 34, in heading 3402,—
(i) in the entry in column (2) occurring against heading 3402, for the brackets and words “(OTHER THAN SOAP),
SURFACE-ACTIVE PREPARATIONS”, the brackets and words “(OTHER THAN SOAP); SURFACE-ACTIVE
PREPARATIONS” shall be substituted;
(ii) for the entry in column (2) occurring against sub-heading 3402 90, the following shall be substituted;
“- Other:”
(25) in Chapter 37, in the entry in column (2) occurring against heading 3703, for the words “TEXTILES SENSITISED”,
the words “TEXTILES, SENSITISED” shall be substituted;
(26) in Chapter 38,—
(i) in Sub-heading Note 3, for the brackets and words “(pchlorophenyl)ethane”, the brackets and words
“(p-chlorophenyl)ethane” shall be substituted;
(ii) Supplementary Notes shall be omitted;
(iii) in heading 3804,—
(a) in the entry in column (2), for the words “LYES FOR”, the words “LYES FROM” shall be substituted;
(b) in the entry in column (2) occurring against sub-heading 3804 00, for the words “lyes for”, the words “lyes
from” shall be substituted;
(iv) in heading 3808,—
(a) for the entry in column (2) occurring against sub-heading 3808 92, the following shall be substituted, namely:—
“- - Fungicides:”;
(b) in the entry in column (2) occurring against sub-heading 3808 93, for the words “plant-growth regulated ”,
the words “plant-growth regulators” shall be substituted;
(v) in heading 3824,—
104 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(a) after tariff item 3824 88 00 and the entries relating thereto, the following shall be inserted, namely:—
“- Other:”;
(b) for sub-heading 3824 99 and tariff items 3824 99 11 to 3824 99 90 and the entries relating thereto, the following
shall be substituted, namely:—
“3824 99 00 -- Other kg. 10% -”;
(27) in Chapter 39,—
(i) in heading 3901,—
(a) for tariff item 3901 10 10 and the entries relating thereto, the following shall be substituted, namely:—
“3901 10 10 --- Linear low density polyethylene (LLDPE), in which kg. 10% -
ethylene monomer unit contributes 95 % or more
by weight of the total polymer content
3901 10 20 --- Low density polyethylene (LDPE) kg. 10% -”;
(b) for tariff item 3901 40 00, sub-heading 3901 90 and tariff items 3901 90 10 to 3901 90 90 and the entries relating
thereto, the following shall be substituted, namely:—
“3901 40 - Ethylene-alpha-olefin copolymers, having a specific
gravity of less than 0.94:
3901 40 10 --- Linear low density polyethylene (LLDPE), in which kg. 10% -
ethylene monomer unit contributes less than
95 % by weight of the total polymer content
3901 40 90 --- Other kg. 10% -
3901 90 00 - Other kg. 10% -”;
(ii) in heading 3904,—
(a) for tariff items 3904 40 00 to 3904 50 10 and the entries relating thereto, the following shall be substituted,
namely:—
“3904 40 00 - Other vinyl chloride copolymers kg. 10% -
3904 50 - Vinylidene chloride polymers :
3904 50 10 --- Copolymer of vinylidene chloride with acrylonitrite, kg. 10% -”;
in the form of expansible beads of a diameter of 4
micrometers or more but not more than 20 micrometers
(b) for tariff item 3904 90 00 and the entries relating thereto, the following shall be substituted, namely:—
“3904 90 - Other:
3904 90 10 --- Chlorinated poly vinyl chloride (CPVC) resin kg. 10% -
3904 90 90 --- Other kg. 10% -”;
(iii) in heading 3906, for tariff items 3906 90 10 to 3906 90 30 and the entries relating thereto, the following shall be
substituted, namely:—
“3906 90 40 --- Poly (acrylic acid) kg. 10% -
3906 90 50 --- Polyacrylonitrile (PAN) kg. 10% -
3906 90 60 --- Copolymers of acrylonitrile kg. 10% -
3906 90 70 --- Sodium polyacrylate kg. 10% -”;
(iv) in heading 3907,—
(a) for tariff item 3907 61 00 and the entries relating thereto, the following shall be substituted, namely:—
“3907 61 -- Having a viscosity number of 78 ml/g or higher:
3907 61 10 --- PET flake (chip) kg. 10% -
3907 61 90 --- Other primary form kg. 10% -”;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 105

(b) for tariff items 3907 69 10 to 3907 69 90 and the entries relating thereto, the following shall be substituted,
namely:—
“3907 69 30 --- PET flake (chip) kg. 10% -
3907 69 90 --- Other primary form kg. 10% -”;
(c) for sub-heading 3907 99 and tariff items 3907 99 10 to 3907 99 90 and the entries relating thereto, the
following shall be substituted, namely:—
“3907 99 00 -- Other kg. 10% -”;
(v) in heading 3908, for tariff items 3908 10 10 to 3908 10 90, sub-heading 3908 90 and tariff items 3908 90 10 to 3908
90 90 and the entries relating thereto, the following shall be substituted, namely:—
“- - - Polyamide -6 (Nylon-6):
3908 10 11 ---- Flake (chip) kg. 10% -
3908 10 19 ---- Other primary form kg. 10% -
--- Polyamide -11 (Nylon-11):
3908 10 21 ---- Flake (chip) kg. 10% -
3908 10 29 ---- Other primary form kg. 10% -
--- Polyamide -12 (Nylon-12):
3908 10 31 ---- Flake (chip) kg. 10% -
3908 10 39 ---- Other primary form kg. 10% -
--- Polyamide -6,6 (Nylon-6,6):
3908 10 41 ---- Flake(chip) kg. 10% -
3908 10 49 ---- Other primary form kg. 10% -
--- Polyamide -6,9 (Nylon-6,9):
3908 10 51 ---- Flake (chip) kg. 10% -
3908 10 59 ---- Other primary form kg. 10% -
--- Polyamide -6,10 (Nylon-6,10):
3908 10 61 ---- Flake (chip) kg. 10% -
3908 10 69 ---- Other primary form kg. 10% -
--- Polyamide -6,12 (Nylon-6,12):
3908 10 71 ---- Flake (chip) kg. 10% -
3908 10 79 ---- Other primary form kg. 10% -
3908 90 00 - Other kg. 10% -”;
(vi) in heading 3911, in the entry in column (2) occurring against sub-heading 3911 10, for the words “Petroleum
resins, coumarone-indene”, the words “Petroleum resins, coumarone, indene” shall be substituted;
(vii) in heading 3920, for sub-heading 3920 91 and tariff items 3920 91 11 to 3920 91 19 and the entries relating
thereto, the following shall be substituted, namely:—
“- Of other plastics:
3920 91 -- Of poly (vinyl butyral):
3920 91 10 --- Rigid, plain kg. 10% -
3920 91 20 --- Flexible, plain kg. 10% -
3920 91 90 --- Other kg. 10% -”;
(28) in Chapter 40,—
(i) in Note 5, in clause (B), in paragraph (iii), for the word “vulcanised”, the word “stabilisers” shall be substituted;
(ii) in heading 4010,—
106 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(a) for the entry in column (2) occurring against sub-heading 4010 31, the following shall be substituted,
namely:—
“- - Endless transmission belts of trapezoidal cross-section
(V-belts), V-ribbed, of an outside circumference
exceeding 60 cm but not exceeding 180 cm:”;

(b) for the entry in column (2) occurring against sub-heading 4010 33, the following shall be substituted,
namely:—
“- - Endless transmission belts of trapezoidal cross-
section (V-belts), V-ribbed, of an outside
circumference exceeding 180 cm but not
exceeding 240 cm:”;

(29) in Chapter 42, in Note 2, in clause (f), for the word “rigid-crops”, the word “riding-crops” shall be substituted;
(30) in Chapter 44,—
(i) in Note 1, in clause (m), for the word and figures “Section XVII”, the word and figures “Section XVIII” shall be
substituted;
(ii) in Supplementary Note 1, for the letters and figures “IS : 710-1976”, the letters and figures “IS 710” shall be
substituted;
(iii) in Supplementary Note 2, for the letters and figures “IS : 709-1974 and IS : 4859-1968”, the letters and figures
“IS 709 and IS 4859” shall be substituted;
(iv) in heading 4402, for sub-heading 4402 10 and tariff item 4402 10 10 and the entries relating thereto, the
following shall be substituted, namely:—
“4402 10 00 - Of bamboo mt 5% -”;
(31) in Chapter 46, in heading 4601, after tariff item 4601 29 00 and the entries relating thereto, the following shall be
inserted, namely:—
“- Other:”;
(32) in Chapter 48,—
(i) in heading 4818, in the entry in column (2) occurring against tariff item 4818 20 00, for the word “cleaning”, the
word “cleansing” shall be substituted;
(ii) in the entry in column (2) occurring against heading 4820, for the words “EXCISE BOOKS”, the words
“EXERCISE BOOKS” shall be substituted;
(33) in Chapter 53, in the entry in column (2) occurring against heading 5310, for the words “BASE FIBRES”, the
words “BAST FIBRES” shall be substituted;
(34) in Chapter 55,—
(i) in heading 5502,—
(a) for the entry in column (2) occurring against sub-heading 5502 10, the following shall be substituted, namely:—
“- Of cellulose acetate:”;
(b) for the entry in column (2) occurring against sub-heading 5502 90, the following shall be substituted, namely:—
“- Other:”;
(ii) in heading 5504, for tariff item 5504 10 00 and the entries relating thereto, the following shall be substituted,
namely:—
“5504 10 - Of viscose rayon:
5504 10 10 --- Obtained from wood other than bamboo kg. 20% -
5504 10 20 --- Obtained from bamboo kg. 20% -
5504 10 90 --- Other kg. 20% -”;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 107

(35) in Chapter 56, in the entry in column (2) occurring against heading 5605, for the words “NOT GIMPED BEING
TEXTILE YARN”, the words “NOT GIMPED, BEING TEXTILE YARN” shall be substituted;
(36) in Chapter 57,—
(i) in heading 5701, for tariff item 5701 10 00, sub-heading 5701 90 and tariff items 5701 90 10 to 5701 90 20 and the
entries relating thereto, the following shall be substituted, namely:—
“5701 10 - Of wool or fine animal hair:
5701 10 10 --- Hand-made m2 25% -
2
5701 10 90 --- Other m 25% -
5701 90 - Of other textile materials:
--- Of cotton:
5701 90 11 ---- Hand-made m2 25% -
2
5701 90 19 ---- Other m 25% -
2
5701 90 20 --- Of coir including geo textile m 25% -
--- Of silk:
5701 90 31 ---- Hand-made m2 25% -
2
5701 90 39 ---- Other m 25% -”;
(ii) in heading 5702,—
(a) for the entry in column (2) occurring after the entry against sub-heading 5702 50, the following shall be
substituted, namely:—
“- - - Of man-made textile materials:”;
(b) for the entry in column (2) occurring after the entry against tariff item 5702 50 29, the following shall be
substituted, namely:—
“- - - Of other textile materials:”;
(37) in Chapter 59, in heading 5907, for the entry in column (2) occurring after the entry against tariff item 5907 00 19,
the following shall be substituted, namely:—
“- - - Other:”;
(38) in Chapter 60, after sub-heading Note, the following Supplementary Note shall be inserted, namely:—
“Supplementary Note:
Tariff items 6001 91 00, 6001 92 00 and sub-heading 6001 99 includes cut-pile fabrics produced through shearing of
loops during or after the production of fabric.”;
(39) in Chapter 61,—
(i) in heading 6103, after tariff item 6103 10 90 and the entries relating thereto, the following shall be inserted,
namely:—
“- Ensembles:”;
(ii) in heading 6115, after tariff item 6115 30 00 and the entries relating thereto, the following shall be inserted,
namely:—
“- Other:”;
(40) in Chapter 62,—
(i) in Note 3, in clause (b), for the words “corresponding of compatible size”, the words “corresponding or
compatible size” shall be substituted;
(ii) after Note 9, the following Supplementary Note shall be inserted, namely:—
“Supplementary Note:
For the purpose of this Chapter, “Khadi” means,—
(a) the article of apparel or clothing accessories, made from any cloth woven on handlooms in India from
cotton, silk or woollen yarn handspun in India or from a mixture of any two or all of such yarns; and
108 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) produced by a person certified or recognised by the Khadi Village Industries Commission established under
section 4 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956).”;
(iii) in heading 6203,—
(a) for tariff items 6203 29 00 to 6203 31 00 and the entries relating thereto, the following shall be substituted,
namely:—
“6203 29 -- Of other textile materials:
--- Of silk:
6203 29 11 ---- Khadi u 25% or Rs. 145 per piece, -
whichever is higher
6203 29 19 ---- Other u 25% or Rs. 145 per piece, -
whichever is higher
6203 29 90 --- Other u 25% or Rs. 145 per piece, -
whichever is higher
- Jackets and blazers:
6203 31 -- Of wool or fine animal hair:
6203 31 10 --- Khadi u 25% or Rs. 815 per piece, -
whichever is higher
6203 31 90 --- Other u 25% or Rs. 815 per piece, -”;
whichever is higher
(b) for tariff item 6203 39 10 and the entries relating thereto, the following shall be substituted, namely:—
“- - - Of silk:
6203 39 11 ---- Khadi u 25% or Rs. 755 per piece, -
whichever is higher
6203 39 19 ---- Other u 25% or Rs. 755 per piece, -”;
whichever is higher
(c) for tariff item 6203 42 00 and the entries relating thereto, the following shall be substituted, namely:—
“6203 42 -- Of cotton:
6203 42 10 --- Handloom u 25% or Rs. 135 per piece, -
whichever is higher
6203 42 90 --- Other u 25% or Rs. 135 per piece,
whichever is higher -”;
(iv) in heading 6204,—
(a) for tariff item 6204 29 11 and the entries relating thereto, the following shall be substituted, namely:—
“6204 29 12 ---- Khadi u 25% -”;
(b) for tariff item 6204 31 00 and the entries relating thereto, the following shall be substituted, namely:—
“6204 31 -- Of wool or fine animal hair:
6204 31 10 --- Khadi u 25% or Rs. 370 per piece, -
whichever is higher
6204 31 90 --- Other u 25% or Rs. 370 per piece, -”;
whichever is higher
(c) for tariff item 6204 39 11 and the entries relating thereto, the following shall be substituted, namely:—
“6204 39 12 ---- Khadi u 25% or Rs. 350 per piece, -”;
whichever is higher
(d) for the entry in column (2) occurring against tariff item 6204 42 20, the following shall be substituted,
namely:—
“- - - Handloom”;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 109

(e) for tariff item 6204 62 00 and the entries relating thereto, the following shall be substituted, namely:—
“6204 62 -- Of cotton:
6204 62 10 --- Handloom u 25% or Rs. 135 per piece, -
whichever is higher
6204 62 90 --- Other u 25% or Rs. 135 per piece, -”;
whichever is higher
(v) in heading 6205,—
(a) for tariff item 6205 20 00 and the entries relating thereto, the following shall be substituted, namely:—
“6205 20 - Of cotton:
6205 20 10 - - - Handloom u 25% or Rs. 85 per piece, -
whichever is higher
6205 20 90 - - - Other u 25% or Rs. 85 per piece, -”;
whichever is higher
(b) for tariff item 6205 90 10 and the entries relating thereto, the following shall be substituted, namely:—
“- - - Of silk:
6205 90 11- - - - Khadi u 25% or Rs. 95 per piece, -
whichever is higher
6205 90 19- - - - Other u 25% or Rs. 95 per piece, -”;
whichever is higher
(vi) in heading 6206, for tariff item 6206 30 00 and the entries relating thereto, the following shall be substituted,
namely:—
“6206 30 - Of cotton:
6206 30 10 - - - Handloom u 25% or Rs. 95 per piece, -
whichever is higher
6206 30 90 - - - Other u 25% or Rs. 95 per piece, -”;
whichever is higher
(vii) in heading 6207, for tariff items 6207 19 90 to 6207 22 00 and the entries relating thereto, the following shall be
substituted, namely:—
“6207 19 90- - - Other u 25% or Rs.30 per piece, -
whichever is higher
- Night shirts and pyjamas:
6207 21 -- Of cotton:
6207 21 10 --- Handloom u 25% -
6207 21 90 --- Other u 25% -
6207 22 00 -- Of man-made fibres u 25% -”;
(viii) in heading 6208, for tariff item 6208 21 00 and the entries relating thereto, the following shall be substituted, namely:—
“6208 21 -- Of cotton:
6208 21 10 --- Handloom u 25% -
6208 21 90 --- Other u 25% -”;
(ix) in heading 6209, for tariff item 6209 20 00 and the entries relating thereto, the following shall be substituted,
namely:—
“6209 20 - Of cotton:
6209 20 10 --- Handloom u 25% -
6209 20 90 --- Other u 25% -”;
110 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(x) in heading 6211—

(a) for tariff item 6211 39 00 and the entries relating thereto, the following shall be substituted, namely:—
“6211 39 -- Of other textile materials:
--- Of silk:
6211 39 11 ---- Handloom u 25% -
6211 39 19 ---- Other u 25% -
6211 39 90 --- Other u 25% -”;
(b) after tariff item 6211 49 10 and the entries relating thereto, the following shall be inserted, namely:—
“- - - Of silk:
6211 49 21 ---- Khadi u 25% -
6211 49 29 ---- Other u 25% -”;
(xi) in heading 6214, for tariff items 6214 20 20 and 6214 20 30 and the entries relating thereto, the following shall
be substituted, namely:—
“- - - Scarves:
6214 20 21 ---- Khadi u 25% or Rs. 180 per piece,-
whichever is higher
6214 20 29 ---- Other u 25% or Rs. 180 per piece,-
whichever is higher
--- Mufflers:
6214 20 31 ---- Khadi u 25% or Rs. 180 per piece,-
whichever is higher
6214 20 39 ---- Other u 25% or Rs. 180 per piece,-”;
whichever is higher
(xii) in heading 6215, for tariff item 6215 10 00 and the entries relating thereto, the following shall be substituted,
namely:—
“6215 10 - Of silk or silk waste:
6215 10 10 --- Khadi u 25% or Rs. 55 per piece, -
whichever is higher
6215 10 90 --- Other u 25% or Rs. 55 per piece,-”;
whichever is higher
(41) in Chapter 68,—
(i) in Note 1, in clause (b), for the words “paper coated with mica”, the words “paper and paperboard coated with
mica” shall be substituted;
(ii) in heading 6813, for sub-heading 6813 20, tariff items 6813 20 10 to 6813 89 00 and the entries relating thereto,
the following shall be substituted, namely:—
“6813 20 - Containing asbestos:
6813 20 10 --- Brake lining and pads kg. 15% -
6813 20 90 --- Asbestos friction materials kg. 15% -
- Not containing asbestos:
6813 81 00 -- Brake linings and pads kg. 15% -
6813 89 00 -- Other kg. 15% -”;
(42) in Chapter 70,—
(i) in sub-heading Note, for the figures “7013 91”, the figures “7013 91 00” shall be substituted;
(ii) in heading 7005, in the entry in column (2) occurring against sub-heading 7005 21, for the words and brackets
“mass (body tinted) opacified”, the words and brackets “mass (body tinted), opacified” shall be substituted;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 111

(iii) in the entry in column (2) occurring against heading 7018, for the words “JEWELLERY, GLASS”, the words
“JEWELLERY; GLASS” shall be substituted;
(43) in Chapter 71,—
(i) in heading 7103, for sub-heading 7103 10 and tariff items 7103 10 11 to 7103 99 90 and the entries relating thereto,
the following shall be substituted, namely:—
“7103 10 - Unworked or simply sawn or roughly shaped:
--- Precious or semi-precious stones of “Beryl”
and “Chrysoberyl” mineralogical species:
7103 10 31 ---- Emerald kg. 10% -
7103 10 32 ---- Yellow/golden/pink/red/green beryl kg. 10% -
7103 10 33 ---- Chrysoberyl (including chrysoberyl cat’s eye) kg. 10% -
7103 10 34 ---- Alexandrite (including alexandrite cat’s eye) kg. 10% -
7103 10 39 ---- Other kg. 10% -
--- Precious or semi-precious stones of “Corundum”
and “Feldspar” mineralogical species:
7103 10 41 ---- Ruby kg. 10% -
7103 10 42 ---- Sapphire kg. 10% -
7103 10 43 ---- Moonstone kg. 10% -
7103 10 49 ---- Other kg. 10% -
--- Precious or semi-precious stones of “Garnet”
and “Lazurite” mineralogical species:
7103 10 51 ---- Garnet kg. 10% -
7103 10 52 ---- Lapis-lazuli kg. 10% -
7103 10 59 ---- Other kg. 10% -
--- Precious or semi-precious stones of “Prehnite”
and “Quartz” mineralogical species:
7103 10 61 ---- Prehnite kg. 10% -
7103 10 62 ---- Agate kg. 10% -
7103 10 63 ---- Aventurine kg. 10% -
7103 10 64 ---- Chalcedony kg. 10% -
7103 10 69 ---- Other kg. 10% -
--- Precious or semi-precious stones of “Tourmaline”
and “Zoisite” mineralogical species:
7103 10 71 ---- Tourmaline kg. 10% -
7103 10 72 ---- Tanzanite kg. 10% -
7103 10 79 ---- Other kg. 10% -
7103 10 90 --- Other kg. 10% -
- Otherwise worked:
7103 91 -- Ruby, sapphire and emeralds:
7103 91 10 --- Ruby c/k 10% -
7103 91 20 --- Sapphire c/k 10% -
7103 91 30 --- Emeralds c/k 10% -
7103 99 -- Other:
112 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

--- Precious or semi-precious stones of “Beryl”

and “Chrysoberyl” mineralogical species, other
than “Emerald”:
7103 99 11 ---- Yellow/golden/pink/red/green beryl c/k 10% -
7103 99 12 ---- Chrysoberyl (including chrysoberyl cat’s eye) c/k 10% -
7103 99 13 ---- Alexandrite (including alexandrite cat’s eye) c/k 10% -
7103 99 19 ---- Other c/k 10% -
--- Precious or semi-precious stones of “Corundum”
and “Feldspar” mineralogical species, other than
“Ruby” and “Sapphire”:
7103 99 21 ---- Moonstone c/k 10% -
7103 99 29 ---- Other c/k 10% -
--- Precious or semi-precious stones of “Garnet”
and “Lazurite” mineralogical species:
7103 99 31 ---- Garnet c/k 10% -
7103 99 32 ---- Lapis-lazuli c/k 10% -
7103 99 39 ---- Other c/k 10% -
--- Precious or semi-precious stones of “Prehnite”
and “Quartz” mineralogical species:
7103 99 41 ---- Prehnite c/k 10% -
7103 99 42 ---- Agate c/k 10% -
7103 99 43 ---- Aventurine c/k 10% -
7103 99 44 ---- Chalcedony c/k 10% -
7103 99 49 ---- Other c/k 10% -
--- Precious or semi-precious stones of “Tourmaline”
and “Zoisite” mineralogical species:
7103 99 51 ---- Tourmaline c/k 10% -
7103 99 52 ---- Tanzanite c/k 10% -
7103 99 59 ---- Other c/k 10% -
7103 99 90 --- Other c/k 10% -”;
(ii) in heading 7104, for tariff item 7104 20 00 and the entries relating thereto, the following shall be substituted,
namely:—
“7104 20 - Other, unworked or simply sawn or roughly shaped:
7104 20 10 --- Laboratory-created or laboratory grown or kg. 10% -
manmade or cultured or synthetic diamonds
7104 20 90 --- Other kg. 10% -”;
(iii) in heading 7106,—
(a) for tariff item 7106 91 00 and the entries relating thereto, the following shall be substituted, namely:—
“7106 91 -- Unwrought:
7106 91 10 --- Grains kg. 12.5% -
7106 91 90 --- Other kg. 12.5% -”;
(b) after tariff item 7106 92 10 and the entries relating thereto, the following shall be inserted, namely:—
“7106 92 20 --- Bar kg. 12.5% -”;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 113

(44) in Chapter 72, in heading 7222, for the entry in column (2) occurring after the entry against tariff item 7222 20 19,
the following shall be substituted, namely:—
“- - - Other:”;
(45) in Chapter 73, in heading 7304,—
(i) for the entry in column (2) occurring against tariff item 7304 22 00, the following shall be substituted, namely:—
“- - Drill pipe of stainless steel”;
(ii) for the entry in column (2) occurring against tariff item 7304 23 90, the following shall be substituted, namely:—
“- - - Other”;
(iii) for the entry in column (2) occurring after the entry against tariff item 7304 49 00, the following shall be
substituted, namely:—
“- Other, of circular cross section, of alloy steel:”;
(46) in Chapter 74, in heading 7404,—
(i) for tariff item 7404 00 21 and the entries relating thereto, the following shall be substituted, namely:—
“7404 00 21 ---- Empty or discharged cartridges of all bores kg. 5% -”;
and sizes, including the following: clean fired
70/30 brass shells free of bullets, iron and
any other foreign material covered by
ISRI code word ‘Lake’; clean muffled
(popped) 70/30 brass shells free of bullets,
iron and any other foreign material covered
by ISRI code word ‘Lamb’ ”;
(ii) in the entry in column (2) occurring against tariff item 7404 00 22, the portion beginning with the words
“manganese bronze solids” and ending with the words “code word ‘Lamb’;” shall be omitted;
(iii) for tariff item 7404 00 23 and the entries relating thereto, the following shall be substituted, namely:—
“7404 00 24 ---- Bronze scrap, including the following:manganese kg. 5% -
bronze solids covered ISRI code word ‘Parch’;
High lead bronze solids and borings covered by
ISRI code word ‘Elias’
7404 00 25 ---- Copper nickel scrap, including the following: kg. 5% -”;
new cupro nickel clips and solids covered by
ISRI code word ‘Dandy’; cupro nickel solids
covered by ISRI code word ‘Daunt’; soldered
cupro-nickel solids covered by ISRI code word
‘Delta’; cupro nickel spinnings, turnings,
borings covered by ISRI code word ‘Decoy’;’’;
(47) in Chapter 75, in heading 7503, in the entry in column (2) occurring against tariff item 7503 00 10, the portion
beginning with the words “new cupro nickel clips” and ending with the words “code word ‘Depth’;” shall be omitted;
(48) in Chapter 76, in heading 7602, in the entry in column (2) occurring against tariff item 7602 00 10,—
(i) the words and letters “Sweated aluminium covered by ISRI code word ‘Throb’;” shall be omitted;
(ii) the words and letters “Aluminium drosses, spatterns, spellings, skimmings and sweepings covered by ISRI
code word ‘Thirl’;” shall be omitted;
(49) in Chapter 78, in heading 7802, in the entry in column (2) occurring against tariff item 7802 00 10,—
(i) the words and letters “lead covered copper cable covered by ISRI code word ‘Relay’;” shall be omitted;
114 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

(ii) the portion beginning with the words “Lead battery plates” and ending with the words “code word ‘Rents’;”
shall be omitted;
(50) in Chapter 79, in heading 7902, in the entry in column (2) occurring against tariff item 7902 00 10,—
(i) the words and letters “Zinc die cast slabs or pigs covered by ISRI code word ‘Scull’;” shall be omitted;
(ii) the portion beginning with the words “Hot dip galvanizers” and ending with the words “corrosion or
‘oxidation’;” shall be omitted;
(51) in Chapter 85,—
(i) in heading 8517,––
(a) for tariff items 8517 12 10 and 8517 12 90 and entries relating thereto, the following shall be substituted,
namely:—
“- - - Telephones for cellular networks:
8517 12 11 ---- Mobile phones, other than push button type u 20% -
8517 12 19 ---- Mobile phones, push button type u 20% -
8517 12 90 --- Telephones for other wireless networks u 20% -”;
(b) tariff item 8517 69 30 and the entries relating thereto, shall be omitted;
(ii) in heading 8525, for sub-heading 8525 60 and tariff items 8525 60 11 to 8525 60 99 and the entries relating
thereto, the following shall be substituted, namely:—
“8525 60 00 - Transmission apparatus incorporating u Free -”;
reception apparatus
(iii) in heading 8527, for sub-heading 8527 99 and tariff items 8527 99 11 to 8527 99 90 and the entries relating
thereto, the following shall be substituted, namely:—
“8527 99 00 -- Other u 10% -”;
(52) in Chapter 90, in heading 9018, for tariff items 9018 90 29 to 9018 90 33 and the entries relating thereto, the
following shall be substituted, namely:—
“9018 90 29 ---- Other u 10% -
--- Artificial kidney (dialysis) apparatus, blood
transfusion apparatus:
9018 90 31 ---- Artificial kidney (dialysis) apparatus u 10% -
9018 90 32 ---- Blood transfusion apparatus u 10% -”.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Digitally signed by
BANSHI BANSHI DHAR DUBEY
DHAR DUBEY Date: 2019.08.01
22:45:15 +05'30'

MGIPMRND—2314GI(S3)—01-08-2019.
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (i)
PART II—Section 3—Sub-section (i)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 501] ubZ fnYyh] 'kfuokj] vxLr 31] 2019@Hkknz 9] 1941
No. 501] NEW DELHI, SATURDAY, AUGUST 31, 2019/BHADRA 9, 1941

िव मंालय

(राजव िवभाग)

(केीय अय कर और सीमा शुक बोड#)

अिधसूचना

नई दली, 31 अगत, 2019
/2019-केीय कर
सं. 39/2019-

सा.का.िन. 616 क ीय सरकार, िवत (सं. 2) अिधिनयम, 2019 (2019 का 23) क धारा 1 क उपधारा (2) ारा
616(अ).—
(अ).—

दत शितय का योग करते ए, 1 िसतंबर, 2019 को उस तारीख के प म िजसको उत अिधिनयम क धारा 103 के उपबंध वृत
हगे, िनयत करती है ।
[फा.सं. 20/06/12/2018-जीएसटी]

िच िब), अवर सिचव

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS)
NOTIFICATION
New Delhi, the 31st August, 2019
No. 39/2019 – Central Tax
G.S.R. 616(E).— In exercise of the powers conferred by sub-section (2) of section 1 of the Finance (No. 2) Act,
2019 (23 of 2019), the Central Government hereby appoints the 1st day of September, 2019, as the date on
which the provisions of section 103 the said Act, shall come into force.
[F. No. 20/06/12/2018-GST]
RUCHI BISHT, Under Secy.

4519 GI/2019
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. MANOJ Digitally signed
by MANOJ
KUMAR KUMAR VERMA
Date: 2019.08.31
VERMA 17:36:13 +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 43] ubZ fnYyh] c`gLifrokj] vxLr 1] 2019@ Jko.k 10] 1941 ¼'kd½
No. 43] NEW DELHI, THURSDAY, AUGUST 1, 2019/SHRAVANA 10, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 1st August, 2019/Shravana 10, 1941 (Saka)

The following Act of Parliament received the assent of the President on the
1st August, 2019, and is hereby published for general information:—

THE RIGHT TO INFORMATION (AMENDMENT) ACT, 2019

NO. 24 OF 2019
[1st August, 2019.]
An Act to amend the Right to Information Act, 2005.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
1. (1) This Act may be called the Right to Information (Amendment) Act, 2019. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
22 of 2005. 2. In the Right to Information Act, 2005 (hereinafter referred to as the principal Act), in Amendment
section 13,— of section 13.

(a) in sub-section (1), for the words "for a term of five years from the date on
which he enters upon his office", the words "for such term as may be prescribed by the
Central Government" shall be substituted;
(b) in sub-section (2), for the words "for a term of five years from the date on
which he enters upon his office", the words "for such term as may be prescribed by the
Central Government" shall be substituted;
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

(c) for sub-section (5), the following sub-section shall be substituted, namely:—
"(5) The salaries and allowances payable to and other terms and conditions
of service of the Chief Information Commissioner and the Information
Commissioners shall be such as may be prescribed by the Central Government:
Provided that the salaries, allowances and other conditions of service of
the Chief Information Commissioner or the Information Commissioners shall not
be varied to their disadvantage after their appointment:
Provided further that the Chief Information Commissioner and the
Information Commissioners appointed before the commencement of the Right to
Information (Amendment) Act, 2019 shall continue to be governed by the
provisions of this Act and the rules made thereunder as if the Right to Information
(Amendment) Act, 2019 had not come into force.".
Amendment 3. In section 16 of the principal Act,—
of section 16.
(a) in sub-section (1), for the words "for a term of five years from the date on
which he enters upon his office", the words "for such term as may be prescribed by the
Central Government" shall be substituted;
(b) in sub-section (2), for the words "for a term of five years from the date on
which he enters upon his office", the words "for such term as may be prescribed by the
Central Government" shall be substituted;
(c) for sub-section (5), the following sub-section shall be substituted, namely:—
"(5) The salaries and allowances payable to and other terms and conditions
of service of the State Chief Information Commissioner and the State Information
Commissioners shall be such as may be prescribed by the Central Government:
Provided that the salaries, allowances and other conditions of service of
the State Chief Information Commissioner and the State Information
Commissioners shall not be varied to their disadvantage after their appointment:
Provided further that the State Chief Information Commissioner and the
State Information Commissioners appointed before the commencement of the
Right to Information (Amendment) Act, 2019 shall continue to be governed by
the provisions of this Act and the rules made thereunder as if the Right to
Information (Amendment) Act, 2019 had not come into force.".
Amendment 4. In section 27 of the principal Act, in sub-section (2), after clause (c), the following
of section 27. clauses shall be inserted, namely:—
"(ca) the term of office of the Chief Information Commissioner and Information
Commissioners under sub-sections (1) and (2) of section 13 and the State Chief
Information Commissioner and State Information Commissioners under
sub-sections (1) and (2) of section 16;
(cb) the salaries, allowances and other terms and conditions of service of the
Chief Information Commissioner and the Information Commissioners under
sub-section (5) of section 13 and the State Chief Information Commissioner and the
State Information Commissioners under sub-section (5) of section 16;".

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Digitally signed by
BANSHI BANSHI DHAR DUBEY

MGIPMRND—2315GI(S3)—01-08-2019.
Date: 2019.08.01
DHAR DUBEY 22:47:54 +05'30'
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 3476] ubZ fnYyh] c`gLifrokj] vDrwcj 24] 2019@dkfrZd 2] 1941
No. 3476] NEW DELHI, THURSDAY, OCTOBER 24, 2019/KARTIKA 2, 1941

कामक, लोक िशकायत और पशन मंालय

(कामक और िशण िवभाग)
अिधसूचना

नई दली, 24 अ तूबर, 2019

(अ).—के ीय सरकार, सूचना का अिधकार (संशोधन) अिधिनयम, 2019 (2019 का 24) क$ धारा 1
का.आ. 3843(अ).
3843(अ).—

क$ उप-धारा (2) 'ारा (द) शि*य+ का (योग करते -ए, 24 अ तूबर, 2019 को उस तारीख के /प म0 िनयत करती है
िजसको उ* अिधिनयम के उपबंध (वृ) ह+गे।
[फा. सं.1/1/2017-आईआर]

लोक रं जन, अपर सिचव

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)
NOTIFICATION
New Delhi, the 24th October, 2019
S.O. 3843(E).—In exercise of the powers conferred by sub-section (2) of section 1 of The Right to
Information (Amendment) Act, 2019 (24 of 2019), the Central Government hereby appoints the
24th of October, 2019 as the date on which the provisions of the said Act shall come into force.
[F. No. 1/1/2017-IR]
LOK RANJAN, Addl. Secy.

5533 GI/2019
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
Digitally signed
and Published by the Controller of Publications, Delhi-110054. MANOJ by MANOJ
KUMAR KUMAR VERMA
Date: 2019.10.24
VERMA 18:11:32 +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 44] ubZ fnYyh] eaxyokj] vxLr 6] 2019@ Jko.k 15] 1941 ¼'kd½
No. 44] NEW DELHI, TUESDAY, AUGUST 6, 2019/SHRAVANA 15, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 06th August, 2019/Shravana 15, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
5th August, 2019, and is hereby published for general information:—

THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES

(AMENDMENT) ACT, 2019
NO. 25 OF 2019
[5th August, 2019.]
An Act further to amend the Protection of Children from Sexual Offences
Act, 2012.
BE it enacted by Parliament in the SeventiethYear of the Republic of India as follows:—
1. (1) This Act may be called the Protection of Children from Sexual Offences Short title and
(Amendment) Act, 2019. commencement.

(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
32 of 2012. 2. In the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred Amendment
to as the principal Act), in section 2,— of section 2.

(a) in sub-section (1), after clause (d), the following clause shall be inserted,
namely:—
'(da) "child pornography" means any visual depiction of sexually explicit
conduct involving a child which include photograph, video, digital or computer
generated image indistinguishable from an actual child, and image created,
adapted, or modified, but appear to depict a child;';
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) in sub-section (2), for the words, brackets and figures "the Juvenile Justice
(Care and Protection of Children) Act, 2000", the words, brackets and figures "the 56 of 2000.
Juvenile Justice (Care and Protection of Children) Act, 2015" shall be substituted. 2 of 2016.

Amendment 3. In the principal Act, section 4 shall be renumbered as section 4(1) thereof and—
of section 4.
(a) in sub-section (1) as so renumbered, for the words "seven years", the
words "ten years" shall be substituted;
(b) after sub-section (1), the following sub-sections shall be inserted, namely:—
"(2) Whoever commits penetrative sexual assault on a child below sixteen
years of age shall be punished with imprisonment for a term which shall not be
less than twenty years, but which may extend to imprisonment for life, which
shall mean imprisonment for the remainder of natural life of that person, and
shall also be liable to fine.
(3) The fine imposed under sub-section (1) shall be just and reasonable
and paid to the victim to meet the medical expenses and rehabilitation of such
victim.".
Amendment 4. In section 5 of the principal Act,—
of section 5.
(I) in clause (j),—
(A) in sub-clause (i), the word "or" occurring at the end shall be omitted;
(B) in sub-clause (iii), the word "or" occurring at the end shall be omitted;
(C) after sub-clause (iii), the following sub-clause shall be inserted,
namely:—
"(iv) causes death of the child; or";
(II) in clause (s), for the words "communal or sectarian violence", the words
"communal or sectarian violence or during any natural calamity or in similar situations"
shall be substituted.
Substitution of 5. For section 6 of the principal Act, the following section shall be substituted,
new section namely:—
for section 6.

Punishment "6. (1) Whoever commits aggravated penetrative sexual assault shall be punished
for aggravated with rigorous imprisonment for a term which shall not be less than twenty years, but
penetrative
sexual assault. which may extend to imprisonment for life, which shall mean imprisonment for the
remainder of natural life of that person, and shall also be liable to fine, or with death.
(2) The fine imposed under sub-section (1) shall be just and reasonable and
paid to the victim to meet the medical expenses and rehabilitation of such victim.".
Amendment 6. In section 9 of the principal Act,—
of section 9.
(i) in clause (s), for the words "communal or sectarian violance", the words
"communal or sectarian violence or during any natural calamity or in any similar
situations" shall be substituted;
(ii) after clause (u), the following clause shall be inserted, namely:—
"(v) whoever persuades, induces, entices or coerces a child to get
administered or administers or direct anyone to administer, help in getting
administered any drug or hormone or any chemical substance, to a child with
the intent that such child attains early sexual maturity;".
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

7. For section 14 of the principal Act, the following section shall be substituted, Substitution of
new section
namely:—
for section 14.

"14. (1) Whoever uses a child or children for pornographic purposes shall be Punishment
punished with imprisonment for a term which shall not be less than five years and for using child
for
shall also be liable to fine, and in the event of second or subsequent conviction pornographic
with imprisonment for a term which shall not be less than seven years and also be liable purposes.
to fine.
(2) Whoever using a child or children for pornographic purposes under
sub-section (1), commits an offence referred to in section 3 or section 5 or section 7
or section 9 by directly participating in such pornographic acts, shall be punished for
the said offences also under section 4, section 6, section 8 and section 10, respectively,
in addition to the punishment provided in sub-section (1).".
8. For section 15 of the principal Act, the following section shall be substituted, Substitution of
namely:— new section for
section 15.

"15. (1) Any person, who stores or possesses pornographic material in any Punishment
form involving a child, but fails to delete or destroy or report the same to the designated for storage of
pornographic
authority, as may be prescribed, with an intention to share or transmit child pornography, material
shall be liable to fine not less than five thousand rupees, and in the event of involving
second or subsequent offence, with fine which shall not be less than ten thousand child.
rupees.
(2) Any person, who stores or possesses pornographic material in any form
involving a child for transmitting or propagating or displaying or distributing in any
manner at any time except for the purpose of reporting, as may be prescribed, or for
use as evidence in court, shall be punished with imprisonment of either description
which may extend to three years, or with fine, or with both.
(3) Any person, who stores or possesses pornographic material in any form
involving a child for commercial purpose shall be punished on the first conviction
with imprisonment of either description which shall not be less than three years
which may extend to five years, or with fine, or with both, and in the event of
second or subsequent conviction, with imprisonment of either description which
shall not be less than five years which may extend to seven years and shall also be
liable to fine.".
9. In section 34 of the principal Act, for the words, brackets and figures "the Amendment
56 of 2000. Juvenile Justice (Care and Protection of Children) Act, 2000", the words, brackets of section 34.

2 of 2016. and figures "the Juvenile Justice (Care and Protection of Children) Act, 2015" shall be
substituted.
10. In section 42 of the principal Act, for the figures, letter and words "376E or Amendment
45 of 1860. section 509 of the Indian Penal Code", the figures, letters and words "376E, section 509 of of section 42.
21 of 2000. the Indian Penal Code or section 67B of the Information Technology Act, 2000" shall be
substituted.
11. In section 45 of the principal Act, in sub-section (2), clause (a) shall be re-lettered Amendment
as clause (ab) thereof and before clause (ab) as so re-lettered, the following clauses shall of section 45.

be inserted, namely:—
"(a) the manner of deleting or destroying or reporting about pornographic
material in any form involving a child to the designated authority under sub-section (1)
of section 15;
 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

(aa) the manner of reporting about pornographic material in any form involving
a child under sub-section (2) of section 15;".

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. BANSHI Digitally signed by
BANSHI DHAR
DHAR DUBEY
MGIPMRND—2466GI(S3)—06-08-2019. DUBEY
Date: 2019.08.06
19:25:25 +05'30'
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 2694] ubZ fnYyh] 'kqØokj] vxLr 16] 2019@Jko.k 25] 1941
No. 2694] NEW DELHI, FRIDAY, AUGUST 16, 2019/SHRAVANA 25, 1941

मिहला एवं बाल िवकास मंालय

(सीडयू-I अनुभाग)
ाग)

अिधसूचना
नई दली, 16 अगत, 2019
का.
का.आ. 2957(अ).
2957(अ).—
(अ).—यौन अपराध से बच का संरण (संशोधन) अिधिनयम, 2019 (2019 का 25) क धारा 1
क उप-धारा (2) म यथािनिहत शितय का !योग करते #ए क % सरकार एतद्&ारा 16 अगत, 2019 को उत अिधिनयम
के लागू होने क ितिथ घोिषत करती है।

[फा. सं. 30/2/2018- सीड)यू-I]

आथा ससेना खटवानी, संयुत सिचव

MINISTRY OF WOMEN AND CHILD DEVELOPMENT

(CW-I Section)
NOTIFICATION
New Delhi, the 16th August, 2019
S.O. 2957(E).—In exercise of the Powers conferred by sub-section (2) of section 1 of the Protection of Children
from Sexual Offences (Amendment) Act, 2019 (25 of 2019), the Central Government hereby appoints the 16th August,
2019 as the date on which the said Act shall come into force.
[F. No. 30/2/2018-CW-I]
AASTHA SAXENA KHATWANI, Jt. Secy.

4219 GI/2019
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. MANOJ Digitally signed by
MANOJ KUMAR
KUMAR VERMA
Date: 2019.08.16
VERMA 22:48:50 +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 45] ubZ fnYyh] eaxyokj] vxLr 6] 2019@ Jko.k 15] 1941 ¼'kd½
No. 45] NEW DELHI, TUESDAY, AUGUST 6, 2019/SHRAVANA 15, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 06th August, 2019/Shravana 15, 1941 (Saka)

The following Act of Parliament received the assent of the President on the
5th August, 2019, and is hereby published for general information:—

THE INSOLVENCY AND BANKRUPTCY CODE

(AMENDMENT) ACT, 2019
NO. 26 OF 2019
[5th August, 2019.]
An Act further to amend the Insolvency and Bankruptcy Code, 2016.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
1. (1) This Act may be called the Insolvency and Bankruptcy Code (Amendment) Short title and
Act, 2019. commencement.

(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
31 of 2016. 2. In section 5 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as Amendment
the principal Act), in clause (26), the following Explanation shall be inserted, namely:–– of section 5.

“Explanation.––For the removal of doubts, it is hereby clarified that a resolution plan

may include provisions for the restructuring of the corporate debtor, including by way of
merger, amalgamation and demerger;”.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 3. In section 7 of the principal Act, in sub-section (4), the following proviso shall be
of section 7. inserted, namely:––
“Provided that if the Adjudicating Authority has not ascertained the existence
of default and passed an order under sub-section (5) within such time, it shall record
its reasons in writing for the same.”.
Amendment 4. In section 12 of the principal Act, in sub-section (3), after the proviso, the following
of section 12. provisos shall be inserted, namely:––
“Provided further that the corporate insolvency resolution process shall
mandatorily be completed within a period of three hundred and thirty days from the
insolvency commencement date, including any extension of the period of corporate
insolvency resolution process granted under this section and the time taken in legal
proceedings in relation to such resolution process of the corporate debtor:
Provided also that where the insolvency resolution process of a corporate debtor
is pending and has not been completed within the period referred to in the second
proviso, such resolution process shall be completed within a period of ninety days
from the date of commencement of the Insolvency and Bankruptcy Code (Amendment)
Act, 2019.”.
Amendment of 5. In section 25A of the principal Act, after sub-section (3), the following sub-section
section 25A. shall be inserted, namely:––
“(3A) Notwithstanding anything to the contrary contained in sub-section (3),
the authorised representative under sub-section (6A) of section 21 shall cast his vote
on behalf of all the financial creditors he represents in accordance with the decision
taken by a vote of more than fifty per cent. of the voting share of the financial creditors
he represents, who have cast their vote:
Provided that for a vote to be cast in respect of an application under section
12A, the authorised representative shall cast his vote in accordance with the provisions
of sub-section (3).”.
Amendment 6. In section 30 of the principal Act,––
of section 30.
(a) in sub-section (2), for clause (b), the following shall be substituted, namely:—
“(b) provides for the payment of debts of operational creditors in such
manner as may be specified by the Board which shall not be less than––
(i) the amount to be paid to such creditors in the event of a liquidation
of the corporate debtor under section 53; or
(ii) the amount that would have been paid to such creditors, if the
amount to be distributed under the resolution plan had been distributed
in accordance with the order of priority in sub-section (1) of section 53,
whichever is higher, and provides for the payment of debts of financial creditors,
who do not vote in favour of the resolution plan, in such manner as may be
specified by the Board, which shall not be less than the amount to be paid to
such creditors in accordance with sub-section (1) of section 53 in the event of a
liquidation of the corporate debtor.
Explanation 1.––For the removal of doubts, it is hereby clarified that a
distribution in accordance with the provisions of this clause shall be fair and
equitable to such creditors.
Explanation 2.––For the purposes of this clause, it is hereby declared
that on and from the date of commencement of the Insolvency and Bankruptcy
Code (Amendment) Act, 2019, the provisions of this clause shall also apply to
the corporate insolvency resolution process of a corporate debtor––
(i) where a resolution plan has not been approved or rejected by the
Adjudicating Authority;
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(ii) where an appeal has been preferred under section 61 or

section 62 or such an appeal is not time barred under any provision of law
for the time being in force; or
(iii) where a legal proceeding has been initiated in any court against
the decision of the Adjudicating Authority in respect of a resolution plan;”;
(b) in sub-section (4), after the words “feasibility and viability,”, the words,
brackets and figures “the manner of distribution proposed, which may take into account
the order of priority amongst creditors as laid down in sub-section (1) of section 53,
including the priority and value of the security interest of a secured creditor” shall be
inserted.
7. In section 31 of the principal Act, in sub-section (1), after the words “members, Amendment
creditors,”, the words “including the Central Government, any State Government or any of section 31.
local authority to whom a debt in respect of the payment of dues arising under any law for
the time being in force, such as authorities to whom statutory dues are owed,” shall be
inserted.
8. In section 33 of the principal Act, in sub-section (2), the following Explanation Amendment
shall be inserted, namely:–– of section 33.

“Explanation.––For the purposes of this sub-section, it is hereby declared that

the committee of creditors may take the decision to liquidate the corporate debtor, any
time after its constitution under sub-section (1) of section 21 and before the confirmation
of the resolution plan, including at any time before the preparation of the information
memorandum.”.
9. In section 240 of the principal Act, in sub-section (2), in clause (w), for the words Amendment of
“repayment of debts of operational creditors”, the words “payment of debts” shall be section 240.
substituted.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Digitally signed by
BANSHI BANSHI DHAR

MGIPMRND—2467GI(S3)—06-08-2019. DHAR
DUBEY
DUBEY
Date: 2019.08.06
19:28:12 +05'30'
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 2691] ubZ fnYyh] 'kqØokj] vxLr 16] 2019@Jko.k 25] 1941
No. 2691] NEW DELHI, FRIDAY, AUGUST 16, 2019/SHRAVANA 25, 1941

कारपोरेट काय
मं ालय
अिधसूचना

नई दली, 16 अगत, 2019
का.आ. 2953(अ).
2953(अ).—
(अ).— क ीय सरकार, दवाला और शोधन अमता संिहता (संशोधन) अिधिनयम, 2019 (2019 का
26) क& धारा 1 क& उप-धारा (2) )ारा *द+ शि,य- का *योग करते /ए, राजप2 म इस अिधसूचना के *काशन क& तारीख
को उस तारीख के 7प म िनयत करती है िजसको उ, अिधिनयम के उपबंध *वृ+ ह-गे।
[फा. सं. 30/42/2019- दवाला]
के. वी. आर. मू<त=, संयु, सिचव

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION
New Delhi, the 16th August, 2019
S.O. 2953(E).—In exercise of the powers conferred by sub-section (2) of section 1 of the Insolvency
and Bankruptcy Code (Amendment) Act, 2019 (26 of 2019), the Central Government hereby appoints the date
of publication of this notification in the Official Gazette as the date on which the provisions of the said Act
shall come into force.
[F. No. 30/42/2019-Insolvency]
K. V. R. MURTY, Jt. Secy.

4213 GI/2019
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
Digitally signed by
and Published by the Controller of Publications, Delhi-110054. ALOK ALOK KUMAR
Date: 2019.08.17
KUMAR 11:12:18 +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 46] ubZ fnYyh] eaxyokj] vxLr 6] 2019@ Jko.k 15] 1941 ¼'kd½
No. 46] NEW DELHI, TUESDAY, AUGUST 6, 2019/SHRAVANA 15, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 06th August, 2019/Shravana 15, 1941 (Saka)

The following Act of Parliament received the assent of the President on the
06th August, 2019, and is hereby published for general information:—

THE AIRPORTS ECONOMIC REGULATORY AUTHORITY OF INDIA

(AMENDMENT) ACT, 2019
NO. 27 OF 2019
[6th August, 2019.]
An Act to amend the Airports Economic Regulatory Authority of India Act, 2008.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Airports Economic Regulatory Authority of India Short title and
(Amendment) Act, 2019. commencement.

(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
27 of 2008. 2. In section 2 of the Airports Economic Regulatory Authority of India Act, 2008 Amendment
(hereinafter referred to as the principal Act), in clause (i), for the words “one and a half of section 2.
million”, the words “three and a half million” shall be substituted.
3. In section 13 of the principal Act, after sub-section (1), the following sub-section Amendment
shall be inserted, namely:— of section 13.

“(1A) Notwithstanding anything contained in sub-sections (1) and (2), the

Authority shall not determine the tariff or tariff structures or the amount of development
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

fees in respect of an airport or part thereof, if such tariff or tariff structures or the
amount of development fees has been incorporated in the bidding document, which is
the basis for award of operatorship of that airport:
Provided that the Authority shall be consulted in advance regarding the tariff,
tariff structures or the amount of development fees which is proposed to be incorporated
in the said bidding document and such tariff, tariff structures or the amount of
development fees shall be notified in the Official Gazette.”.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Digitally signed by
BANSHI BANSHI DHAR DUBEY
MGIPMRND—2477GI(S3)—06-08-2019. DHAR DUBEY Date: 2019.08.06
23:40:41 +05'30'
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 3139] ubZ fnYyh] eaxyokj] flrEcj 24] 2019@vkf'ou 2] 1941
No. 3139] NEW DELHI, TUESDAY, SEPTEMBER 24, 2019/ ASVINA 2, 1941

नागर िवमानन मंालय

अिधसूचना
नई दली, 19 िसतबर, 2019
का.आ. 3445(अ
3445(अ).—क ीय सरकार, भारतीय िवमानपन आथक िविनयामक ािधकरण (संशोधन) अिधिनयम,
2019 (2019 का 27) के खंड 1 के उप-खंड (2) ारा द शि"य# का उपयोग करते (ए, 26 िसतबर, 2019 को ऐसी
तारीख िनयत करती है, िजसको उ" अिधिनयम वृ होगा ।

[फा. सं .एवी.20036/09/2017-एडी]

-बीना अली, संयु.त सिचव

MINISTRY OF CIVIL AVIATION

NOTIFICATION
New Delhi, the 19th September, 2019
S.O. 3445(E).—In exercise of the powers conferred by Sub-section (2) of Section 1 of the Airports
Economic Regulatory Authority of India (Amendment) Act, 2019 (27 of 2019), the Central Government
hereby appoints the 26th September, 2019 as the date on which the said Act shall come into force.
[F. No. AV. 20036/09/2017-AD]
RUBINA ALI, Jt. Secy.

4966 GI/2019
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. ALOK KUMAR Digitally signed by ALOK KUMAR
Date: 2019.09.25 14:40:40 +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 47] ubZ fnYyh] c`gLifrokj] vxLr 8] 2019@ Jko.k 17] 1941 ¼'kd½
No. 47] NEW DELHI, THURSDAY, AUGUST 8, 2019/SHRAVANA 17, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 8th August, 2019/Shravana 17, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
8th August, 2019, and is hereby published for general information:—

THE UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT

ACT, 2019
NO. 28 OF 2019
[8th August, 2019.]
An Act further to amend the Unlawful Activities (Prevention) Act, 1967.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Unlawful Activities (Prevention) Amendment Short title
Act, 2019. and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
37 of 1967. 2. In the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the Amendment
principal Act), in section 2, in sub-section (1),— of section 2.

(i) in clause (d), for the word and figures "section 21", the word and figures
"section 22" shall be substituted;
(ii) in clause (ha), for the words "the Schedule", the words "a Schedule"
shall be substituted;
(iii) in clause (m), for the word "Schedule", the words "First Schedule" shall
be substituted.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 3. In section 25 of the principal Act, in sub-section (1), for the words "in which
of section 25. such property is situated, make an order", the words "in which such property is situated,
or where the investigation is conducted by an officer of the National Investigation
Agency, with the prior approval of the Director General of National Investigation Agency,
make an order" shall be substituted.

Amendment 4. In Chapter VI of the principal Act, for the Chapter heading, the following
of heading of Chapter heading shall be substituted, namely:—
Chapter VI.
"TERRORIST ORGANISATIONS AND INDIVIDUALS".
Amendment 5. In section 35 of the principal Act,—
of section
35. (i) in sub-section (1),—
(A) in clause (a), after the words "First Schedule", the words "or the
name of an individual in the Fourth Schedule" shall be inserted;
(B) in clause (b), after the words "United Nations", the words "or the
name of an individual in the Fourth Schedule" shall be inserted;
(C) in clause (c), after the words "First Schedule", the words "or the
name of an individual from the Fourth Schedule" shall be inserted;
(D) in clause (d), after the words "First Schedule", the words "or the
Fourth Schedule" shall be inserted;
(ii) in sub-section (2), for the words "an organisation only if it believes that
it is", the words "an organisation or an individual only if it believes that such
organisation or individual is" shall be substituted;
(iii) in sub-section (3), for the words "an organisation shall be deemed to be
involved in terrorism if it", the words "an organisation or an individual shall be
deemed to be involved in terrorism if such organisation or individual" shall be
substituted.
Amendment 6. In section 36 of the principal Act,—
of section 36.
(i) in the marginal heading, for the words "a terrorist organisation", the
words "terrorist organisation or individual" shall be substituted;
(ii) in sub-section (1), for the words "an organisation from the Schedule",
the words "an organisation from the First Schedule, or as the case may be, the
name of an individual from the Fourth Schedule" shall be substituted;
(iii) in sub-section (2),—
(A) in clause (b), for the words "Schedule as a terrorist organisation",
the words "First Schedule as a terrorist organisation, or" shall be substituted;
(B) after clause (b), the following clause shall be inserted, namely:—
"(c) any person affected by inclusion of his name in the Fourth
Schedule as a terrorist.";
(iv) in sub-section (5), for the words "an organisation from the Schedule",
the words "an organisation from the First Schedule or the name of an individual
from the Fourth Schedule" shall be substituted;
(v) in sub-section (6), after the words "an organisation", the words "or an
individual" shall be inserted;
(vi) in sub-section (7), for the word "Schedule", the words "First Schedule
or the name of an individual from the Fourth Schedule" shall be substituted.
Amendment 7. In section 38 of the principal Act, in sub-section (1), in the proviso, in
of section 38. clause (b), for the word "Schedule", the words "First Schedule" shall be substituted.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

8. In section 43 of the principal Act,— Amendment

of section 43.
(i) after clause (b), the following clause shall be inserted, namely:—
"(ba) in the case of National Investigation Agency, below the rank of
Inspector;";
(ii) in clause (c), after the words, brackets and letter "or clause (b)", the
words, brackets and letters "or clause (ba)" shall be inserted.
9. In section 45 of the principal Act, in sub-section (1), in clause (ii), for the word Amendment
"where", the word "if" shall be substituted. of section 45.

10. In the First Schedule to the principal Act, for the brackets, words, figures and Amendment
letter "[See sections 2(1)(m) and 35]", the brackets, words, figures and letter of First
Schedule.
"[See sections 2(1)(m), 35, 36 and 38 (1)]" shall be substituted.
11. In the Second Schedule to the principal Act,— Amendment
of Second
(a) in item (v), the words "as amended from time to time" shall be inserted at Schedule.
the end;
(b) after item (ix), the following item shall be inserted, namely:—
"(x) International Convention for Suppression of Acts of Nuclear
Terrorism (2005).".
12. After the Third Schedule to the principal Act, the following Schedule shall be Addition of
added, namely:— Fourth
Schedule.
"THE FOURTH SCHEDULE
[See sections 35(1) and 36]

Sl. No. Name of Individuals

".

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.
CORRIGENDA
In the FINANCE ( NO. 2) ACT, 2019 (23 of 2019) as published in the Gazette of India
Extraordinary, Part II, Section 1, Issue No. 42, dated the 1st August, 2019,—
Page No. Line(s) No. For Read
9 42 “or section 47” “of section 47”
14 24 “income” “said income”
25 17 “such as” “such sum as”
26 28 “shall be deemed” “shall not be deemed”
60 35 “marginal heading” “5 of 1970”
85 6 “Government” “Central Government”
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
BANSHI Digitally signed by
BANSHI DHAR

MGIPMRND—2588GI(S3)—08-08-2019. DHAR
DUBEY
DUBEY
Date: 2019.08.08
23:02:44 +05'30'
jftLVªh laö Mhö, yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 2678] ubZ fnYyh] cqèkokj] vxLr 14] 2019@Jko.k 23] 1941
No. 2678] NEW DELHI, WEDNESDAY, AUGUST 14, 2019/SHRAVANA 23, 1941

गृह मंालय
अिधसूचना

नई दली, 14 अगत, 2019
का.आ. 2938
2938(अ)
38(अ).
(अ).—के ीय सरकार, िविधिव याकलाप िनवारण (संशोधन) अिधिनयम, 2019
(2019 का 28) क% धारा 1 क% उपधारा (2) (ारा )द* शि+य, का )योग करते -ए, तारीख 14 अगत, 2019 को ऐसी

तारीख के 1प म2 िनयत करती है िजसको उ+ अिधिनयम के उपबंध )वृ* ह,गे।

[फा. सं. 11011/25-क/2013/एनआईए]

िपयूष गोयल, संयु:त सिचव

MINISTRY OF HOME AFFAIRS

NOTIFICATION
New Delhi, the 14th August, 2019
S.O. 2938(E).—In exercise of the powers conferred by sub-section (2) of section 1 of the Unlawful Activities
Prevention (Amendment) Act, 2019 (28 of 2019), the Central Government hereby appoints the 14th August, 2019, as the
date on which the provisions of the said Act shall come into force.

[F.No. 11011/25-A/2013/NIA]
PIYUSH GOYAL, Jt. Secy.

4191 GI/2019
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. Digitally signed
ALOK by ALOK KUMAR
Date: 2019.08.14
KUMAR 15:41:25 +05'30'
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 48] ubZ fnYyh] c`gLifrokj] vxLr 8] 2019@ Jko.k 17] 1941 ¼'kd½
No. 48] NEW DELHI, THURSDAY, AUGUST 8, 2019/SHRAVANA 17, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 8th August, 2019/Shravana 17, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
8th August, 2019, and is hereby published for general information:—

THE CODE ON WAGES, 2019

NO. 29 OF 2019
[8th August, 2019.]
An Act to amend and consolidate the laws relating to wages and bonus and matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Code on Wages, 2019. Short title,
extent and
(2) It extends to the whole of India. commencement.

(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette appoint; and different dates may be appointed for different provisions
of this Code and any reference in any such provision to the commencement of this Code
shall be construed as a reference to the coming into force of that provision.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Definitions. 2. In this Code, unless the context otherwise requires,––

(a) "accounting year" means the year commencing on the 1st day of April ;
(b) "Advisory Board" means the Central Advisory Board or, as the case may be,
the State Advisory Board, constituted under section 42;
(c) "agricultural income tax law" means any law for the time being in force relating
to the levy of tax on agricultural income;
(d) "appropriate Government" means,––
(i) in relation to, an establishment carried on by or under the authority of
the Central Government or the establishment of railways, mines, oil field, major
ports, air transport service, telecommunication, banking and insurance company
or a corporation or other authority established by a Central Act or a central
public sector undertaking or subsidiary companies set up by central public
sector undertakings or autonomous bodies owned or controlled by the Central
Government, including establishment of contractors for the purposes of such
establishment, corporation or other authority, central public sector undertakings,
subsidiary companies or autonomous bodies, as the case may be, the Central
Government;
(ii) in relation to any other establishment, the State Government;
(e) "company" means a company as defined in clause (20) of section 2 of the
Companies Act, 2013; 18 of 2013.

(f) "contractor", in relation to an establishment, means a person, who —

(i) undertakes to produce a given result for the establishment, other than
a mere supply of goods or articles of manufacture to such establishment, through
contract labour; or
(ii) supplies contract labour for any work of the establishment as mere
human resource and includes a sub-contractor;
(g) "contract labour" means a worker who shall be deemed to be employed in or
in connection with the work of an establishment when he is hired in or in connection
with such work by or through a contractor, with or without the knowledge of the
principal employer and includes inter-State migrant worker but does not include a
worker (other than part-time employee) who ––
(i) is regularly employed by the contractor for any activity of his
establishment and his employment is governed by mutually accepted standards
of the conditions of employment (including engagement on permanent basis),
and
(ii) gets periodical increment in the pay, social security coverage and
other welfare benefits in accordance with the law for the time being in force in
such employment;
(h) "co-operative society" means a society registered or deemed to be registered
under the Co-operative Societies Act, 1912, or any other law for the time being in force 2 of 1912.
relating to co-operative societies in any State;
(i) "corporation" means any body corporate established by or under any Central
Act, or State Act, but does not include a company or a co-operative society;
(j) "direct tax" means––
(i) any tax chargeable under the––
(A) Income-tax Act, 1961; 43 of 1961.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

7 of 1964. (B) Companies (Profits) Surtax Act, 1964;

(C) Agricultural income tax law; and
(ii) any other tax which, having regard to its nature or incidence, may be
declared by the Central Government, by notification, to be a direct tax for the
purposes of this Code;
(k) "employee" means, any person (other than an apprentice engaged under the
52 of 1961. Apprentices Act, 1961), employed on wages by an establishment to do any skilled,
semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative,
technical or clerical work for hire or reward, whether the terms of employment be
express or implied, and also includes a person declared to be an employee by the
appropriate Government, but does not include any member of the Armed Forces of the
Union;
(l) "employer" means a person who employs, whether directly or through any
person, or on his behalf or on behalf of any person, one or more employees in his
establishment and where the establishment is carried on by any department of the
Central Government or the State Government, the authority specified, by the head of
such department, in this behalf or where no authority, is so specified the head of the
department and in relation to an establishment carried on by a local authority, the chief
executive of that authority, and includes,—
(i) in relation to an establishment which is a factory, the occupier of the
63 of 1948. factory as defined in clause (n) of section 2 of the Factories Act, 1948 and, where
a person has been named as a manager of the factory under clause (f) of
sub-section (1) of section 7 of the said Act, the person so named;
(ii) in relation to any other establishment, the person who, or the authority
which, has ultimate control over the affairs of the establishment and where the
said affairs is entrusted to a manager or managing director, such manager or
managing director;
(iii) contractor; and
(iv) legal representative of a deceased employer;
(m) "establishment" means any place where any industry, trade, business,
manufacture or occupation is carried on and includes Government establishment;
(n) "factory" means a factory as defined in clause (m) of section 2 of the Factories
63 of 1948. Act, 1948;
(o) "Government establishment" means any office or department of the
Government or a local authority;
43 of 1961. (p) "Income-tax Act" means the Income -tax Act, 1961;
(q) "industrial dispute" means,—
(i) any dispute or difference between employers and employers, or between
employers and workers or between workers and workers which is connected
with the employment or non-employment or the terms of employment or with the
conditions of labour, of any person; and
(ii) any dispute or difference between an individual worker and an employer
connected with, or arising out of, discharge, dismissal, retrenchment or
termination of such worker;
(r) "Inspector-cum-Facilitator" means a person appointed by the appropriate
Government under sub-section (1) of section 51;
(s) "minimum wage" means the wage fixed under section 6;
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(t) "notification" means a notification published in the Gazette of India or in

the Official Gazette of a State, as the case may be, and the expression "notify" with its
grammatical variations and cognate expressions shall be construed accordingly;
(u) "prescribed" means prescribed by rules made by the appropriate Government;
(v) "same work or work of a similar nature" means work in respect of which the
skill, effort, experience and responsibility required are the same, when performed under
similar working conditions by employees and the difference if any, between the skill,
effort, experience and responsibility required for employees of any gender, are not of
practical importance in relation to the terms and conditions of employment;
(w) "State" includes a Union territory;
(x) "Tribunal" shall have the same meaning as assigned to it in clause (r) of
section 2 of the Industrial Disputes Act, 1947; 14 of 1947.

(y) "wages" means all remuneration whether by way of salaries, allowances or

otherwise, expressed in terms of money or capable of being so expressed which would, 42 of 2005.
if the terms of employment, express or implied, were fulfilled, be payable to a person
employed in respect of his employment or of work done in such employment, and
includes,—
(i) basic pay;
(ii) dearness allowance; and
(iii) retaining allowance, if any,
but does not include––
(a) any bonus payable under any law for the time being in force, which
does not form part of the remuneration payable under the terms of employment;
(b) the value of any house-accommodation, or of the supply of light,
water, medical attendance or other amenity or of any service excluded from the
computation of wages by a general or special order of the appropriate
Government;
(c) any contribution paid by the employer to any pension or provident
fund, and the interest which may have accrued thereon;
(d) any conveyance allowance or the value of any travelling concession;
(e) any sum paid to the employed person to defray special expenses entailed
on him by the nature of his employment;
(f) house rent allowance;
(g) remuneration payable under any award or settlement between the
parties or order of a court or Tribunal;
(h) any overtime allowance;
(i) any commission payable to the employee;
(j) any gratuity payable on the termination of employment;
(k) any retrenchment compensation or other retirement benefit payable to
the employee or any ex gratia payment made to him on the termination of
employment:
Provided that, for calculating the wages under this clause, if payments
made by the employer to the employee under clauses (a) to (i) exceeds one-half,
or such other per cent. as may be notified by the Central Government, of the all
remuneration calculated under this clause, the amount which exceeds such
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

one-half, or the per cent. so notified, shall be deemed as remuneration and shall
be accordingly added in wages under this clause:
Provided further that for the purpose of equal wages to all genders and for
the purpose of payment of wages, the emoluments specified in clauses (d), (f),
(g) and (h) shall be taken for computation of wage.
Explanation.––Where an employee is given in lieu of the whole or part of
the wages payable to him, any remuneration in kind by his employer, the value of
such remuneration in kind which does not exceed fifteen per cent. of the total
wages payable to him, shall be deemed to form part of the wages of such employee;
(z) "worker" means any person (except an apprentice as defined under
52 of 1961. clause (aa) of section 2 of the Apprentices Act, 1961) employed in any industry to do
any manual, unskilled, skilled, technical, operational, clerical or supervisory work for
hire or reward, whether the terms of employment be express or implied, and includes —
(i) working journalists as defined in clause (f ) of section 2 of the Working
Journalists and other Newspaper Employees (Conditions of Service) and
45 of 1955. Miscellaneous Provisions Act, 1955; and
(ii) sales promotion employees as defined in clause (d) of section 2 of the
11 of 1976. Sales Promotion Employees (Conditions of Service) Act, 1976, and for the
purposes of any proceeding under this Code in relation to an industrial dispute,
includes any such person who has been dismissed, discharged or retrenched or
otherwise terminated in connection with, or as a consequence of, that dispute,
or whose dismissal, discharge or retrenchment has led to that dispute,
but does not include any such person––
45 of 1950. (a) who is subject to the Air Force Act, 1950, or the Army Act, 1950, or the
46 of 1950. Navy Act, 1957; or
62 of 1957.
(b) who is employed in the police service or as an officer or other employee
of a prison; or
(c) who is employed mainly in a managerial or administrative capacity; or
(d) who is employed in a supervisory capacity drawing wage of exceeding
fifteen thousand rupees per month or an amount as may be notified by the
Central Government from time to time.
3. (1) There shall be no discrimination in an establishment or any unit thereof among Prohibition of
employees on the ground of gender in matters relating to wages by the same employer, in discrimination
on ground of
respect of the same work or work of a similar nature done by any employee. gender.

(2) No employer shall,—

(i) for the purposes of complying with the provisions of sub-section (1), reduce
the rate of wages of any employee; and
(ii) make any discrimination on the ground of sex while recruiting any employee
for the same work or work of similar nature and in the conditions of employment, except
where the employment of women in such work is prohibited or restricted by or under
any law for the time being in force.
4. Where there is any dispute as to whether a work is of same or similar nature for the Decision as to
disputes with
purposes of section 3, the dispute shall be decided by such authority as may be notified by regard to same
the appropriate Government. or similar nature
of work.
 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

CHAPTER II
MINIMUM WAGES

Payment of 5. No employer shall pay to any employee wages less than the minimum rate of wages
minimum rate notified by the appropriate Government.
of wages.

Fixation of 6. (1) Subject to the provisions of section 9, the appropriate Government shall fix the
minimum minimum rate of wages payable to employees in accordance with the provisions of section 8.
wages.
(2) For the purposes of sub-section (1), the appropriate Government shall fix a minimum
rate of wages––
(a) for time work; or
(b) for piece work.
(3) Where employees are employed on piece work, for the purpose of sub-section (1),
the appropriate Government shall fix a minimum rate of wages for securing such employees
a minimum rate of wages on a time work basis.
(4) The minimum rate of wages on time work basis may be fixed in accordance with any
one or more of the following wage periods, namely:––
(i) by the hour; or
(ii) by the day; or
(iii) by the month.
(5) Where the rates of wages are fixed by the hour or by the day or by the month, the
manner of calculating the wages shall be such, as may be prescribed.
(6) For the purpose of fixation of minimum rate of wages under this section, the
appropriate Government,—
(a) shall primarily take into account the skill of workers required for working
under the categories of unskilled, skilled, semi-skilled and highly-skilled or geographical
area or both; and
(b) may, in addition to such minimum rate of wages for certain category of
workers, take into account their arduousness of work like temperature or humidity
normally difficult to bear, hazardous occupations or processes or underground work
as may be prescribed by that Government; and
(c) the norms of such fixation of minimum rate of wages shall be such as may be
prescribed.
(7) The number of minimum rates of wages referred to in sub-section (6) may, as far as
possible, be kept at minimum by the appropriate Government.
Components 7. (1) Any minimum rate of wages fixed or revised by the appropriate Government
of minimum under section 8 may consist of––
wages.
(a) a basic rate of wages and an allowance at a rate to be adjusted, at such
intervals and in such manner as the appropriate Government may direct, to accord as
nearly as practicable with the variation in the cost of living index number applicable to
such workers (hereinafter referred to as "cost of living allowance"); or
(b) a basic rate of wages with or without the cost of living allowance, and the
cash value of the concessions in respect of supplies of essential commodities at
concession rates, where so authorised; or
(c) an all-inclusive rate allowing for the basic rate, the cost of living allowance
and the cash value of the concessions, if any.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

(2) The cost of living allowance and the cash value of the concessions in respect of
supplies of essential commodities at concession rate shall be computed by such authority,
as the appropriate Government may by notification, appoint, at such intervals and in
accordance with such directions as may be specified or given by the appropriate Government
from time to time.
8. (1) In fixing minimum rates of wages for the first time or in revising minimum rates of Procedure for
wages under this Code, the appropriate Government shall either — fixing and
revising
(a) appoint as many committees as it considers necessary to hold enquiries and minimum
wages.
recommend in respect of such fixation or revision, as the case may be; or
(b) by notification publish its proposals for the information of persons likely to
be affected thereby and specify a date not less than two months from the date of the
notification on which the proposals shall be taken into consideration.
(2) Every committee appointed by the appropriate Government under clause (a) of
sub-section (1) shall consist of persons––
(a) representing employers;
(b) representing employees which shall be equal in number of the members
specified in clause (a); and
(c) independent persons, not exceeding one-third of the total members of the
committee.
(3) After considering the recommendation of the committee appointed under clause (a)
of sub-section (1) or, as the case may be, all representations received by it before the date
specified in the notification under clause (b) of that sub-section, the appropriate Government
shall by notification fix, or as the case may be, revise the minimum rates of wages and unless
such notification otherwise provides, it shall come into force on the expiry of three months
from the date of its issue:
Provided that where the appropriate Government proposes to revise the minimum
rates of wages in the manner specified in clause (b) of sub-section (1), it shall also consult
concerned Advisory Board constituted under section 42.
(4) The appropriate Government shall review or revise minimum rates of wages ordinarily
at an interval not exceeding five years.
9. (1) The Central Government shall fix floor wage taking into account minimum living Power of
standards of a worker in such manner as may be prescribed: Central
Government
Provided that different floor wage may be fixed for different geographical areas. to fix floor
wage.
(2) The minimum rates of wages fixed by the appropriate Government under section 6
shall not be less than the floor wage and if the minimum rates of wages fixed by the appropriate
Government earlier is more than the floor wage, then, the appropriate Government shall not
reduce such minimum rates of wages fixed by it earlier.
(3) The Central Government may, before fixing the floor wage under sub-section (1),
obtain the advice of the Central Advisory Board constituted under sub-section (1) of
section 42 and consult State Governments in such manner as may be prescribed.
10. If an employee whose minimum rate of wages has been fixed under this Code by the Wages of
day works on any day on which he was employed for a period of less than the requisite employee who
works for less
number of hours constituting a normal working day, he shall, save as otherwise hereinafter than normal
provided, be entitled to receive wages in respect of work done on that day, as if he had working day.
worked for a full normal working day:
Provided that he shall not be entitled to receive wages for a full normal working day,—
(i) in any case where his failure to work is caused by his unwillingness to work
and not by the omission of the employer to provide him with work; and
 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(ii) in such other cases and circumstances, as may be prescribed.

Wages for 11. Where an employee does two or more classes of work to each of which a different
two or more minimum rate of wages is applicable, the employer shall pay to such employee in respect of
classes of
work.
the time respectively occupied in each such class of work, wages at not less than the
minimum rate in force in respect of each such class.
Minimum 12. Where a person is employed on piece work for which minimum time rate and not a
time rate minimum piece rate has been fixed under this Code, the employer shall pay to such person
wages for
piece work.
wages at not less than the minimum time rate.

Fixing hours 13. (1) Where the minimum rates of wages have been fixed under this Code, the
of work for appropriate Government may —
normal
working day. (a) fix the number of hours of work which shall constitute a normal working day
inclusive of one or more specified intervals;
(b) provide for a day of rest in every period of seven days which shall be allowed
to all employees or to any specified class of employees and for the payment of
remuneration in respect of such days of rest;
(c) provide for payment for work on a day of rest at a rate not less than the
overtime rate.
(2) The provisions of sub-section (1) shall, in relation to the following classes of
employees apply, only to such extent and subject to such conditions as may be prescribed,
namely:—
(a) employees engaged in any emergency which could not have been foreseen
or prevented;
(b) employees engaged in work of the nature of preparatory or complementary
work which must necessarily be carried on outside the limits laid down for the general
working in the employment concerned;
(c) employees whose employment is essentially intermittent;
(d) employees engaged in any work which for technical reasons has to be
completed before the duty is over; and
(e) employees engaged in a work which could not be carried on except at times
dependent on the irregular action of natural forces.
(3) For the purposes of clause (c) of sub-section (2), employment of an employee is
essentially intermittent when it is declared to be so by the appropriate Government on the
ground that the daily hours of duty of the employee, or if there be no daily hours of duty as
such for the employee, the hours of duty normally include periods of inaction during which
the employee may be on duty but is not called upon to display either physical activity or
sustained attention.
Wages for 14. Where an employee whose minimum rate of wages has been fixed under this Code
overtime by the hour, by the day or by such a longer wage-period as may be prescribed, works on any
work.
day in excess of the number of hours constituting a normal working day, the employer shall
pay him for every hour or for part of an hour so worked in excess, at the overtime rate which
shall not be less than twice the normal rate of wages.
CHAPTER III
PAYMENT OF WAGES
Mode of 15. All wages shall be paid in current coin or currency notes or by cheque or by
payment of crediting the wages in the bank account of the employee or by the electronic mode:
wages.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

Provided that the appropriate Government may, by notification, specify the industrial
or other establishment, the employer of which shall pay to every person employed in such
industrial or other establishment, the wages only by cheque or by crediting the wages in his
bank account.
16. The employer shall fix the wage period for employees either as daily or weekly or Fixation of
fortnightly or monthly subject to the condition that no wage period in respect of any employee wage period.
shall be more than a month:
Provided that different wage periods may be fixed for different establishments.
17. (1) The employer shall pay or cause to be paid wages to the employees, engaged Time limit for
on— payment of
wages.
(i) daily basis, at the end of the shift;
(ii) weekly basis, on the last working day of the week, that is to say, before the
weekly holiday;
(iii) fortnightly basis, before the end of the second day after the end of the
fortnight;
(iv) monthly basis, before the expiry of the seventh day of the succeeding
month.
(2) Where an employee has been—
(i) removed or dismissed from service; or
(ii) retrenched or has resigned from service, or became unemployed due to
closure of the establishment,
the wages payable to him shall be paid within two working days of his removal, dismissal,
retrenchment or, as the case may be, his resignation.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the
appropriate Government may, provide any other time limit for payment of wages where it
considers reasonable having regard to the circumstances under which the wages are to be
paid.
(4) Nothing contained in sub-section (1) or sub-section (2) shall affect any time limit
for payment of wages provided in any other law for the time being in force.
18. (1) Notwithstanding anything contained in any other law for the time being in Deductions
force, there shall be no deductions from the wages of the employee, except those as are which may be
made from
authorised under this Code. wages.
Explanation.––For the purposes of this sub-section,—
(a) any payment made by an employee to the employer or his agent shall be
deemed to be a deduction from his wages;
(b) any loss of wages to an employee, for a good and sufficient cause, resulting
from—
(i) the withholding of increment or promotion, including the stoppage of
an increment; or
(ii) the reduction to a lower post or time-scale; or
(iii) the suspension,
shall not be deemed to be a deduction from wages in a case where the provisions made
by the employer for such purposes are satisfying the requirements specified in the
notification issued by the appropriate Government in this behalf.
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(2) Deductions from the wages of an employee shall be made in accordance with the
provisions of this Code, and may be made only for the following purposes, namely:—
(a) fines imposed on him;
(b) deductions for his absence from duty;
(c) deductions for damage to or loss of goods expressly entrusted to the employee
for custody; or for loss of money for which he is required to account, where such
damage or loss is directly attributable to his neglect or default;
(d) deductions for house-accommodation supplied by the employer or by
appropriate Government or any housing board set up under any law for the time being
in force, whether the Government or such board is the employer or not, or any other
authority engaged in the business of subsidising house-accommodation which may
be specified in this behalf by the appropriate Government by notification;
(e) deductions for such amenities and services supplied by the employer as the
appropriate Government or any officer specified by it in this behalf may, by general or
special order, authorise and such deduction shall not exceed an amount equivalent to
the value of such amenities and services.
Explanation.––For the purposes of this clause, the expression "services" does
not include the supply of tools and raw materials required for the purposes of
employment;
(f) deductions for recovery of —
(i) advances of whatever nature (including advances for travelling
allowance or conveyance allowance), and the interest due in respect thereof, or
for adjustment of overpayment of wages;
(ii) loans made from any fund constituted for the welfare of labour, as may
be prescribed by the appropriate Government, and the interest due in respect
thereof;
(g) deductions for recovery of loans granted for house-building or other purposes
approved by the appropriate Government and the interest due in respect thereof;
(h) deductions of income-tax or any other statutory levy levied by the Central
Government or State Government and payable by the employee or deductions required
to be made by order of a court or other authority competent to make such order;
(i) deductions for subscription to, and for repayment of advances from any
social security fund or scheme constituted by law including provident fund or pension
fund or health insurance scheme or fund known by any other name;
(j) deductions for payment of co-operative society subject to such conditions
as the appropriate Government may impose;
(k) deductions made, with the written authorisation of the employee, for payment
of the fees and contribution payable by him for the membership of any Trade Union
registered under the Trade Unions Act, 1926; 16 of 1926.

(l) deductions for recovery of losses sustained by the railway administration

on account of acceptance by the employee of counterfeit or base coins or mutilated or
forged currency notes;
(m) deductions for recovery of losses sustained by the railway administration
on account of the failure of the employee to invoice, to bill, to collect or to account for
the appropriate charges due to the railway administration whether in respect of fares,
freight, demurrage, wharfage and cranage or in respect of sale of food in catering
establishments or in respect of commodities in grain shops or otherwise;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

(n) deductions for recovery of losses sustained by the railway administration on

account of any rebates or refunds incorrectly granted by the employee where such
loss is directly attributable to his neglect or default;
(o) deductions, made with the written authorisation of the employee, for
contribution to the Prime Minister’s National Relief Fund or to such other fund as the
Central Government may, by notification, specify.
(3) Notwithstanding anything contained in this Code and subject to the provisions of
any other law for the time being in force, the total amount of deductions which may be made
under sub-section (2) in any wage period from the wages of an employee shall not exceed
fifty per cent. of such wages.
(4) Where the total deductions authorised under sub-section (2) exceed fifty per cent.
of the wages, the excess may be recovered in such manner, as may be prescribed.
(5) Where any deduction is made by the employer from the wages of an employee
under this section but not deposited in the account of the trust or Government fund or any
other account, as required under the provisions of the law for the time being in force, such
employee shall not be held responsible for such default of the employer.
19. (1) No fine shall be imposed on any employee save in respect of those acts and Fines.
omissions on his part as the employer, with the previous approval of the appropriate
Government or of such authority as may be prescribed, may have specified by notice under
sub-section (2).
(2) A notice specifying such acts and omissions shall be exhibited in such manner as
may be prescribed, on the premises in which the employment is carried on.
(3) No fine shall be imposed on any employee until such employee has been given an
opportunity of showing cause against the fine or otherwise than in accordance with such
procedure as may be prescribed for the imposition of fines.
(4) The total amount of fine which may be imposed in any one wage-period on any
employee shall not exceed an amount equal to three per cent. of the wages payable to him in
respect of that wage-period.
(5) No fine shall be imposed on any employee who is under the age of fifteen years.
(6) No fine imposed on any employee shall be recovered from him by instalments or
after the expiry of ninety days from the day on which it was imposed.
(7) Every fine shall be deemed to have been imposed on the day of the act or omission
in respect of which it was imposed.
(8) All fines and all realisations thereof shall be recorded in a register to be kept in such
manner and form as may be prescribed; and all such realisations shall be applied only to such
purposes beneficial to the persons employed in the establishment as are approved by the
prescribed authority.
20. (1) Deductions may be made under clause (b) of sub-section (2) of section 18 only Deductions for
on account of the absence of an employee from the place or places where by the terms of his absence from
duty.
employment, he is required to work, such absence being for the whole or any part of the
period during which he is so required to work.
(2) The amount of such deduction shall in no case bear to the wages payable to the
employed person in respect of the wage-period for which the deduction is made in a larger
proportion than the period for which he was absent bears to the total period within such
wage-period during which by the terms of his employment he was required to work:
Provided that, subject to any rules made in this behalf by the appropriate Government,
if ten or more employed persons acting in concert absent themselves without due notice
(that is to say without giving the notice which is required under the terms of their contracts
 12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

of employment) and without reasonable cause, such deduction from any such person may
include such amount not exceeding his wages for eight days as may by any such terms be
due to the employer in lieu of due notice.
Explanation.––For the purposes of this section, an employee shall be deemed to be
absent from the place where he is required to work if, although present in such place, he
refuses, in pursuance of a stay-in strike or for any other cause which is not reasonable in the
circumstances, to carry out his work.
Deductions for 21. (1) A deduction under clause (c) or clause (n) of sub-section (2) of section 18 for
damage or damage or loss shall not exceed the amount of the damage or loss caused to the employer by
loss.
negligence or default of the employee.
(2) A deduction shall not be made under sub-section (1) until the employee has been
given an opportunity of showing cause against the deduction or otherwise than in accordance
with such procedure as may be prescribed for the making of such deductions.
(3) All such deductions and all realisations thereof shall be recorded in a register to be
kept in such form as may be prescribed.
Deductions 22. A deduction under clause (d) or clause (e) of sub-section (2) of section 18 shall not
for services be made from the wages of an employee, unless the house-accommodation amenity or
rendered.
service has been accepted by him as a term of employment or otherwise and such deduction
shall not exceed an amount equivalent to the value of the house-accommodation amenity or
service supplied and shall be subject to such conditions as the appropriate Government may
impose.
Deductions for 23. Deductions under clause (f) of sub-section (2) of section 18 for recovery of
recovery of advances given to an employee shall be subject to the following conditions, namely:––
advances.
(a) recovery of advance of money given to an employee before the employment
began shall be made from the first payment of wages to him in respect of a complete
wage-period but no recovery shall be made of such advances given for travelling
expenses;
(b) recovery of advance of money given to an employee after the employment
began shall be subject to such conditions as may be prescribed;
(c) recovery of advances of wages to an employee not already earned shall be
subject to such conditions as may be prescribed.
Deductions for 24. Deductions under clause (g) of sub-section (2) of section 18 for recovery of loans
recovery of granted to an employee, regulating the extent to which such loans may be granted and the
loans.
rate of interest payable thereon, shall be such as may be prescribed.
Chapter not to 25. The provisions of this Chapter shall not apply to the Government establishments
apply to unless the appropriate Government, by notification, applies such provisions to the
Government
establishments. Government establishments specified in the said notification.
CHAPTER IV
PAYMENT OF BONUS
Eligibility for 26. (1) There shall be paid to every employee, drawing wages not exceeding such
bonus, etc. amount per mensem, as determined by notification, by the appropriate Government, by his
employer, who has put in at least thirty days work in an accounting year, an annual minimum
bonus calculated at the rate of eight and one-third per cent. of the wages earned by the
employee or one hundred rupees, whichever is higher whether or not the employer has any
allocable surplus during the previous accounting year.
(2) For the purpose of calculation of the bonus where the wages of the employee
exceeds such amount per mensem, as determined by notification by the appropriate
Government, the bonus payable to such employee under sub-sections (1) and (3) shall be
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

calculated as if his wage were such amount, so determined by the appropriate Government
or the minimum wage fixed by the appropriate Government, whichever is higher.
(3) Where in respect of any accounting year referred to in sub-section (1), the allocable
surplus exceeds the amount of minimum bonus payable to the employees under that
sub-section, the employer shall, in lieu of such minimum bonus, be bound to pay to every
employee in respect of that accounting year, bonus which shall be an amount in proportion
to the wages earned by the employee during the accounting year, subject to a maximum of
twenty per cent. of such wages.
(4) In computing the allocable surplus under this section, the amount set on or the
amount set off under the provisions of section 36 shall be taken into account in accordance
with the provisions of that section.
(5) Any demand for bonus in excess of the bonus referred to in sub-section (1), either
on the basis of production or productivity in an accounting year for which the bonus is
payable shall be determined by an agreement or settlement between the employer and the
employees, subject to the condition that the total bonus including the annual minimum
bonus referred to in sub-section (1) shall not exceed twenty per cent. of the wages earned
by the employee in the accounting year.
(6) In the first five accounting years following the accounting year in which the
employer sells the goods produced or manufactured by him or renders services, as the case
may be, from such establishment, bonus shall be payable only in respect of the accounting
year in which the employer derives profit from such establishment and such bonus shall be
calculated in accordance with the provisions of this Code in relation to that year, but
without applying the provisions of section 36.
(7) For the sixth and seventh accounting years following the accounting year in
which the employer sells the goods produced or manufactured by him or renders services,
as the case may be, from such establishment, the provisions of section 36 shall apply
subject to the following modifications, namely:—
(i) for the sixth accounting year set on or set off, as the case may be, shall be
made, in the manner as may be prescribed by the Central Government, taking into
account the excess or deficiency, if any, as the case may be, of the allocable surplus
set on or set off in respect of the fifth and sixth accounting years;
(ii) for the seventh accounting year set on or set off, as the case may be, shall
be made, in the manner as may be prescribed by the Central Government, taking into
account the excess or deficiency, if any, as the case may be, of the allocable surplus
set on or set off in respect of the fifth, sixth and seventh accounting years.
(8) From the eighth accounting year following the accounting year in which the
employer sells the goods produced or manufactured by him or renders services, as the case
may be, from such establishment, the provisions of section 36 shall apply in relation to such
establishment as they apply in relation to any other establishment.
Explanation 1.––For the purpose of sub-section (6), an employer shall not be deemed
to have derived profit in any accounting year, unless––
(a) he has made provision for depreciation of that year to which he is entitled
under the Income-tax Act or, as the case may be, under the agricultural income tax
law; and
(b) the arrears of such depreciation and losses incurred by him in respect of the
establishment for the previous accounting years have been fully set off against his
profits.
Explanation 2.––For the purposes of sub-sections (6), (7) and (8), sale of the goods
produced or manufactured during the course of the trial running of any factory or of the
 14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

prospecting stage of any mine or an oil-field shall not be taken into consideration and where
any question arises with regard to such production or manufacture, the appropriate
Government may, after giving the parties a reasonable opportunity of representing the case,
decide upon the issue.
(9) The provisions of sub-sections (6), (7) and (8) shall, so far as may be, apply to new
departments or undertakings or branches set up by existing establishments.
Proportionate 27. Where an employee has not worked for all the working days in an accounting
reduction in year, the minimum bonus under sub-section (1) of section 26, if such bonus is higher than
bonus in
certain cases.
eight and one third per cent. of the salary or wage of the days such employee has worked in
that accounting year, shall be proportionately reduced.
Computation 28. For the purposes of section 27, an employee shall be deemed to have worked in an
of number of establishment in any accounting year also on the days on which,––
working days.
(a) he has been laid off under an agreement or as permitted by standing orders
under the Industrial Employment (Standing Orders) Act, 1946, or under the Industrial 20 of 1946.
Disputes Act, 1947, or under any other law applicable to the establishment; 14 of 1947.

(b) he has been on leave with salary or wages;

(c) he has been absent due to temporary disablement caused by accident arising
out of and in the course of his employment; and
(d) the employee has been on maternity leave with salary or wages, during the
accounting year.
Disqualification 29. Notwithstanding anything contained in this Code, an employee shall be disqualified
for bonus. from receiving bonus under this Code, if he is dismissed from service for––
(a) fraud; or
(b) riotous or violent behaviour while on the premises of the establishment; or
(c) theft, misappropriation or sabotage of any property of the establishment; or
(d) conviction for sexual harassment.
Establishments 30. Where an establishment consists of different departments or undertakings or has
to include branches, whether situated in the same place or in different places, all such departments or
departments,
undertakings
undertakings or branches shall be treated as parts of the same establishment for the purpose
and branches. of computation of bonus under this Code:
Provided that where for any accounting year a separate balance sheet and profit and
loss account are prepared and maintained in respect of any such department or undertaking
or branch, then, such department or undertaking or branch shall be treated as a separate
establishment for the purpose of computation of bonus, under this Code for that year,
unless such department or undertaking or branch was, immediately before the commencement
of that accounting year treated as part of the establishment for the purpose of computation
of bonus.
Payment of 31. (1) The bonus shall be paid out of the allocable surplus which shall be an amount
bonus out of equal to sixty per cent. in case of a banking company and sixty-seven per cent. in case of
allocable other establishment, of the available surplus and the available surplus shall be the amount
surplus.
calculated in accordance with section 33.
(2) Audited accounts of companies shall not normally be questioned.
(3) Where there is any dispute regarding the quantum of bonus, the authority notified
by the appropriate Government having jurisdiction may call upon the employer to produce
the balance sheet before it, but the authority shall not disclose any information contained
in the balance sheet unless agreed to by the employer.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

32. The gross profits derived by an employer from an establishment in respect of the Computation
accounting year shall,–– of gross
profits.
(a) in the case of a banking company, be calculated in the manner as may be
prescribed by the Central Government;
(b) in any other case, be calculated in the manner as may be prescribed by the
Central Government.
33. The available surplus in respect of any accounting year shall be the gross profits Computation
for that year after deducting therefrom the sums referred to in section 34: of available
surplus.
Provided that the available surplus in respect of the accounting year commencing on
any day in a year after the commencement of this Code and in respect of every subsequent
accounting year shall be the aggregate of—
(a) the gross profits for that accounting year after deducting therefrom the
sums referred to in section 34; and
(b) an amount equal to the difference between––
(i) the direct tax, calculated in accordance with the provisions of
section 35, in respect of an amount equal to the gross profits of the employer for
the immediately preceding accounting year; and
(ii) the direct tax, calculated in accordance with provisions of section 35,
in respect of an amount equal to the gross profits of the employer for such
preceding accounting year after deducting therefrom the amount of bonus
which the employer has paid or is liable to pay to his employees in accordance
with the provisions of this Code for that year.
34. The following sums shall be deducted from the gross profits as prior charges, Sums deductible
namely:— from gross
profits.
(a) any amount by way of depreciation admissible in accordance with the
provisions of sub-section (1) of section 32 of the Income-tax Act or in accordance
with the provisions of the agricultural income-tax law, for the time being in force, as
the case may be;
(b) subject to the provisions of section 35, any direct tax which the employer is
liable to pay for the accounting year in respect of his income, profits and gains during
that year;
(c) such further sums in respect of the employer as may be prescribed by the
Central Government.
35. For the purposes of this Code, any direct tax payable by the employer for any Calculation of
accounting year shall, subject to the following provisions, be calculated at the rates applicable direct tax
payable by
to the income of the employer for that year, namely:—
employer.
(a) in calculating such tax no account shall be taken of,––
(i) any loss incurred by the employer in respect of any previous accounting
year and carried forward under any law for the time being in force relating to
direct taxes;
(ii) any arrears of depreciation which the employer is entitled to add to
the amount of the allowance for depreciation for any succeeding accounting
year or years under sub-section (2) of section 32 of the Income-tax Act;
(b) where the employer is a religious or a charitable institution to which the
provisions of section 41 do not apply and the whole or any part of its income is
exempt from the tax under the Income-tax Act, then, with respect to the income so
 16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

exempted, such institution shall be treated as if it were a company in which the public
are substantially interested within the meaning of that Act;
(c) where the employer is an individual or a Hindu undivided family, the tax
payable by such employer under the Income-tax Act shall be calculated on the basis
that the income derived by him from the establishment is his only income;
(d) where the income of any employer includes any profits and gains derived
from the export of any goods or merchandise out of India and any rebate on such
income is allowed under any law for the time being in force relating to direct taxes,
then, no account shall be taken of such rebate;
(e) no account shall be taken of any rebate other than development rebate or
investment allowance or development allowance or credit or relief or deduction (not
hereinbefore mentioned in this section) in the payment of any direct tax allowed
under any law for the time being in force relating to direct taxes or under the relevant
annual Finance Act, for the development of any industry.
Set on and set 36. (1) Where for any accounting year, the allocable surplus exceeds the amount of
off of maximum bonus payable to the employees in the establishment under section 26, then, the
allocable
surplus.
excess shall, subject to a limit of twenty per cent. of the total salary or wage of the employees
employed in the establishment in that accounting year, be carried forward for being set on
in the succeeding accounting year and so on up to and inclusive of the fourth accounting
year to be utilised for the purpose of payment of bonus in such manner as may be prescribed
by the Central Government.
(2) Where for any accounting year, there is no available surplus or the allocable
surplus in respect of that year falls short of the amount of minimum bonus payable to the
employees in the establishment under section 26, and there is no amount or sufficient
amount carried forward and set on under sub-section (1) which could be utilised for the
purpose of payment of the minimum bonus, then, such minimum amount or the deficiency,
as the case may be, shall be carried forward for being set off in the succeeding accounting
year and so on up to and inclusive of the fourth accounting year in such manner as may be
prescribed by the Central Government.
(3) The principle of set on and set off as may be provided in rules by the Central
Government under this Code shall apply to all other cases not covered by sub-section (1)
or sub-section (2) for the purpose of payment of bonus under this Code.
(4) Where in any accounting year any amount has been carried forward and set on or
set off under this section, then, in calculating bonus for the succeeding accounting year,
the amount of set on or set off carried forward from the earliest accounting year shall first be
taken into account.
Adjustment of 37. Where in any accounting year,—
customary or
interim bonus (a) an employer has paid any puja bonus or other customary bonus to
against bonus employee; or
payable under
this Code. (b) an employer has paid a part of the bonus payable under this Code to an
employee before the date on which such bonus becomes payable,
then, the employer shall be entitled to deduct the amount of bonus so paid from the amount
of bonus payable by him to the employee under this Code in respect of that accounting year
and the employee shall be entitled to receive only the balance.
Deduction of 38. Where in any accounting year, an employee is found guilty of misconduct causing
certain financial loss to the employer, then, it shall be lawful for the employer to deduct the amount
amounts from
bonus payable.
of loss from the amount of bonus payable by him to the employee under this Code in
respect of that accounting year only and the employee shall be entitled to receive the
balance, if any.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17

39. (1) All amounts payable to an employee by way of bonus under this Code shall be Time limit for
paid by crediting it in the bank account of the employee by his employer within a period of payment of
bonus.
eight months from the close of the accounting year:
Provided that the appropriate Government or such authority as the appropriate
Government may specify in this behalf may, upon an application made to it by the employer
and for sufficient reasons, by order, extend the said period of eight months to such further
period or periods as it thinks fit; so, however, that the total period so extended shall not in
any case exceed two years.
(2) Notwithstanding anything contained in sub-section (1), where there is a dispute
regarding payment of bonus pending before any authority, such bonus shall be paid, within
a period of one month from the date on which the award becomes enforceable or the
settlement comes into operation, in respect of such dispute:
Provided that if, there is a dispute for payment at the higher rate, the employer shall
pay eight and one-third per cent. of the wages earned by the employee as per the provisions
of this Code within a period of eight months from the close of the accounting year.
40. (1) If in any accounting year an establishment in public sector sells any goods Application
produced or manufactured by it or renders any services, in competition with an establishment of this
Chapter to
in private sector, and the income from such sale or services or both, is not less than twenty establishments
per cent. of the gross income of the establishment in public sector for that year, then, the in public
provisions of this Chapter shall apply in relation to such establishment in public sector as sector in
they apply in relation to a like establishment in private sector. certain cases.

(2) Save as otherwise provided in sub-section (1), nothing in this Chapter shall apply
to the employees employed by any establishment in public sector.
41. (1) Nothing in this Chapter shall apply to–– Non-
applicability
(a) employees employed by the Life Insurance Corporation of India; of this
Chapter.
(b) seamen as defined in clause (42) of section 3 of the Merchant Shipping
44 of 1958. Act, 1958;
(c) employees registered or listed under any scheme made under the Dock
9 of 1948. Workers (Regulation of Employment) Act, 1948, and employed by registered or listed
employers;
(d) employees employed by an establishment under the authority of any
department of the Central Government or a State Government or a local authority;
(e) employees employed by––
(i) the Indian Red Cross Society or any other institution of a like nature
including its branches;
(ii) universities and other educational institutions;
(iii) institutions including hospitals, chamber of commerce and social
welfare institutions established not for purposes of profit;
(f) employees employed by the Reserve Bank of India;
(g) employees employed by public sector financial institution other than a
banking company, which the Central Government may, by notification, specify, having
regard to —
(i) its capital structure;
(ii) its objectives and the nature of its activities;
(iii) the nature and extent of financial assistance or any concession given
to it by the Government; and
(iv) any other relevant factor;
 18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(h) employees employed by inland water transport establishments operating on

routes passing through any other country; and
(i) employees of any other establishment which the appropriate Government
may, by notification, exempt having regard to the overall benefits under any other
scheme of profit sharing available in such establishments to the employees.
(2) Subject to the provisions of sub-section (1) and notwithstanding anything
contained in any other provisions of this Chapter, the provisions of this Chapter shall apply
to such establishment in which twenty or more persons are employed or were employed on
any day during an accounting year.
CHAPTER V
ADVISORY BOARD
Central 42. (1) The Central Government shall constitute the Central Advisory Board which
Advisory shall consist of persons to be nominated by the Central Government—
Board and
State Advisory (a) representing employers;
Boards.
(b) representing employees which shall be equal in number of the members
specified in clause (a);
(c) independent persons, not exceeding one-third of the total members of the
Board; and
(d) five representatives of such State Governments as may be nominated by the
Central Government.
(2) One-third of the members referred to in sub-section (1) shall be women and a
member specified in clause (c) of the said sub-section shall be appointed by the Central
Government as the Chairperson of the Board.
(3) The Central Advisory Board constituted under sub-section (1) shall from time to
time advise the Central Government on reference of issues relating to––
(a) fixation or revision of minimum wages and other connected matters;
(b) providing increasing employment opportunities for women;
(c) the extent to which women may be employed in such establishments or
employments as the Central Government may, by notification, specify in this
behalf; and
(d) any other matter relating to this Code,
and on such advice, the Central Government may issue directions to the State Government
as it deems fit in respect of matters relating to issues referred to the Board.
(4) Every State Government shall constitute a State Advisory Board for advising the
State Government—
(a) in fixation or revision of minimum wages and other connected matters;
(b) for the purpose of providing increasing employment opportunities for women;
(c) with regard to the extent to which women may be employed in such
establishments or employments as the State Government may, by notification, specify
in this behalf; and
(d) in any other matter relating to this Code, which the State Government may
refer from time to time to the Board.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19

(5) The State Advisory Board may constitute one or more committees or sub-committees
to look into issues pertaining to matters specified in clauses (a) to (d) of sub-section (4).
(6) The State Advisory Board and each of the committees and sub- committees thereof
shall consist of persons––
(a) representing employers;
(b) representing employees which shall be equal in number of the members
specified in clause (a); and
(c) independent persons, not exceeding one-third of the total members of the
Board or committee or sub-committee, as the case may be.
(7) One-third of the members referred to in sub-section (6) shall be women and one
among the members specified in clause (c) of the said sub-section shall be––
(a) appointed by the State Government as the Chairperson of the Board;
(b) appointed by the State Advisory Board as the Chairperson of the committee
or sub-committee, as the case may be.
(8) In tendering its advice in the matters specified in clause (b) or clause (c) of
sub-section (4), the State Advisory Board shall have regard to the number of women
employed in the concerned establishment, or employment, the nature of work, hours of
work, suitability of women for employment, as the case may be, the need for providing
increasing employment opportunities for women, including part time employment, and such
other relevant factors as the Board may think fit.
(9) The State Government may, after considering the advice tendered to it by the State
Advisory Board and after inviting and considering the representations from establishment
or employees or any other person which that Government thinks fit, issue such direction as
may be deemed necessary.
(10) The Central Advisory Board referred to in sub-section (1) and the State Advisory
Board referred to in sub-section (4) shall respectively regulate their own procedure including
that of the committees and sub-committees constituted by the State Advisory Board, in
such manner as may be prescribed.
(11) The terms of office of the Central Advisory Board referred to in sub-section (1)
and the State Advisory Board referred to in sub-section (4) including that of the committees
and sub-committees constituted by the State Advisory Board, shall be such as may be
prescribed.
CHAPTER VI
PAYMENT OF DUES, CLAIMS AND AUDIT
43. Every employer shall pay all amounts required to be paid under this Code to every Responsibility
employee employed by him: for payment
of various dues.
Provided that where such employer fails to make such payment in accordance with
this Code, then, the company or firm or association or any other person who is the proprietor
of the establishment, in which the employee is employed, shall be responsible for such
payment.
Explanation.––For the purposes of this section the expression "firm" shall have the
9 of 1932. same meaning as assigned to it in the Indian Partnership Act, 1932.
44. (1) Subject to the other provisions of this Code, all amounts payable to an employee Payment of
under this Code shall, if such amounts could not or cannot be paid on account of his death various
undisbursed
before payment or on account of his whereabouts not being known,—
dues in case of
(a) be paid to the person nominated by him in this behalf in accordance with the death of
employee.
rules made under this Code; or
 20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) where no such nomination has been made or where for any reasons such
amounts cannot be paid to the person so nominated, be deposited with the such
authority, as may be prescribed, who shall deal with the amounts so deposited in the
manner as may be prescribed.
(2) Where in accordance with the provisions of sub-section (1), all amounts payable
to an employee under this Code—
(a) are paid by the employer to the person nominated by the employee; or
(b) are deposited by the employer with the authority referred to in clause (b) of
sub-section (1),
then, the employer shall be discharged of his liability to pay those amounts.
Claims under 45. (1) The appropriate Government may, by notification, appoint one or more
Code and authorities, not below the rank of a Gazetted Officer, to hear and determine the claims which
procedure
thereof.
arises under the provisions of this Code.
(2) The authority appointed under sub-section (1), while deciding the claim under
that sub-section, may order, having regard to the circumstances under which the claim
arises, the payment of compensation in addition to the claim determined, which may extend
to ten times of the claim determined and endeavour shall be made by the authority to decide
the claim within a period of three months.
(3) If an employer fails to pay the claim determined and compensation ordered to be
paid under sub-section (2), the authority shall issue a certificate of recovery to the Collector
or District Magistrate of the district where the establishment is located who shall recover
the same as arrears of land revenue and remit the same to the authority for payment to the
concerned employee.
(4) Any application before the authority for claim referred to in sub-section (1) may
be filed by,––
(a) the employee concerned; or
(b) any Trade Union registered under the Trade Unions Act, 1926 of which the 16 of 1926.
employee is a member; or
(c) the Inspector-cum-Facilitator.
(5) Subject to such rules as may be made, a single application may be filed under this
section on behalf or in respect of any number of employees employed in an establishment.
(6) The application under sub-section (4) may be filed within a period of three years
from the date on which claims referred to in sub-section (1) arises:
Provided that the authority referred to in sub-section (1) may, entertain the application
after three years on sufficient cause being shown by the applicant for such delay.
(7) The authority appointed under sub-section (1) and the appellate authority
appointed under sub-section (1) of section 49, shall have all the powers of a civil court
under the Code of Civil Procedure, 1908, for the purpose of taking evidence and of enforcing 5 of 1908.
the attendance of witnesses and compelling the production of documents, and every such
authority or appellate authority shall be deemed to be a civil court for all the purposes of
section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. 2 of 1974.

Reference of 46. Notwithstanding anything contained in this Code, where any dispute arises
disputes under between an employer and his employees with respect to—
this Code.
(a) fixation of bonus or eligibility for payment of bonus under the provisions of
this Code; or
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21

(b) the application of this Code, in respect of bonus, to an establishment in

public sector,
then, such dispute shall be deemed to be an industrial dispute within the meaning of the
14 of 1947. Industrial Disputes Act, 1947.
47. (1) Where, during the course of proceedings before— Presumption
about
(a) the authority under section 45; or accuracy of
balance sheet
(b) the appellate authority under section 49; or and profit and
(c) a Tribunal; or loss account
of
(d) an arbitrator referred to in clause (aa) of section 2 of the Industrial Disputes corporations
14 of 1947. Act, 1947, and
companies.
in respect of any dispute of the nature specified in sections 45 and 46 or in respect of an
appeal under section 49, the balance sheet and the profit and loss account of an employer,
being a corporation or a company (other than a banking company), duly audited by the
Comptroller and Auditor-General of India or by auditors duly qualified to act as auditors of
18 of 2013. companies under section 141 of the Companies Act, 2013, are produced before it, then, the
said authority, appellate authority, Tribunal or arbitrator, as the case may be, may presume
the statements and particulars contained in such balance sheet and profit and loss account
to be accurate and it shall not be necessary for the corporation or the company to prove the
accuracy of such statements and particulars by the filing of an affidavit or by any other
mode:
Provided that where the said authority, appellate authority, Tribunal or arbitrator, as
the case may be, is satisfied that the statements and particulars contained in the balance
sheet or the profit and loss account of the corporation or the company are not accurate, it
may take such steps as it thinks necessary to find out the accuracy of such statements and
particulars.
(2) When an application is made to the authority, appellate authority, Tribunal or
arbitrator, as the case may be, referred to in sub-section (1), by any Trade Union being a
party to the dispute or as the case may be, an appeal, and where there is no Trade Union,
by the employees being a party to the dispute, or as the case may be, an appeal, requiring
any clarification relating to any item in the balance sheet or the profit and loss account, then
such authority, appellate authority, Tribunal or arbitrator, may, after satisfying itself that
such clarification is necessary, by order, direct the corporation or, as the case may be, the
company, to furnish to the Trade Union or the employees such clarification within such time
as may be specified in the direction and the corporation or, as the case may be, the company,
shall comply with such direction.
48. (1) Where any claim, dispute or appeal with respect to bonus payable under this Audit of
Code between an employer, not being a corporation or a company, and his employees is account of
employers not
pending before any authority, appellate authority, Tribunal or arbitrator, as the case may be, being
as referred to in sub-section (1) of section 47 and the accounts of such employer audited by coporations
any auditor duly qualified to act as auditor of companies under the provisions of section or companies.
18 of 2013. 141 of the Companies Act, 2013, are produced before such authority, appellate authority,
Tribunal or arbitrator, then the provisions of section 47 shall, so far as may be, apply to the
accounts so audited.
(2) When the authority, appellate authority, Tribunal or arbitrator, referred to in
sub-section (1), as the case may be, finds that the accounts of such employer have not been
audited by any such auditor and it is of opinion that an audit of the accounts of such
employer is necessary for deciding the question referred to it, then, such authority, appellate
authority, Tribunal or arbitrator, may, by order, direct the employer to get his accounts
audited within such time as may be specified in the direction or within such further time as
it may allow by such auditor or auditors as it thinks fit and thereupon the employer shall
comply with such direction.
 22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(3) Where an employer fails to get the accounts audited under sub-section (2), the
authority, appellate authority, Tribunal or arbitrator, referred to in sub-section (1), as the
case may be, may, without prejudice to the provisions of section 54, get the accounts
audited by such auditor or auditors as it thinks fit.
(4) When the accounts are audited under sub-section (2) or sub-section (3), the
provisions of section 47 shall, so far as may be, apply to the accounts so audited.
(5) The expenses of, and incidental to, any audit under sub-section (3) including the
remuneration of the auditor or auditors shall be determined by the authority, appellate
authority, Tribunal or arbitrator, referred to in sub-section (1), as the case may be, and paid
by the employer and in default of such payment shall be recoverable by the authority
referred to in sub-section (3) of section 45 from the employer in the manner provided in that
sub-section.
Appeal. 49. (1) Any person aggrieved by an order passed by the authority under sub-section
(2) of section 45 may prefer an appeal, to the appellate authority having jurisdiction appointed
by the appropriate Government, by notification, for such purpose, within ninety days from
the date of such order, in such form and manner as may be prescribed:
Provided that the appellate authority may entertain the appeal after ninety days if it
satisfied that the delay in filing the appeal has occurred due to sufficient cause.
(2) The appellate authority shall be appointed from the officers of the appropriate
Government holding the post at least one rank higher than the authority referred under
sub-section (1) of section 45.
(3) The appellate authority shall, after hearing the parties in the appeal, dispose of the
appeal and endeavour shall be made to dispose of the appeal within a period of three
months.
(4) The outstanding dues under the orders of the appellate authority shall be recovered
by the authority referred to in section 45, by issuing the certificate of recovery in the manner
specified in sub-section (3) of that section.

Records, 50. (1) Every employer of an establishment to which this Code applies shall maintain
returns and a register containing the details with regard to persons employed, muster roll, wages and
notices.
such other details in such manner as may be prescribed.
(2) Every employer shall display a notice on the notice board at a prominent place of
the establishment containing the abstract of this Code, category-wise wage rates of
employees, wage period, day or date and time of payment of wages, and the name and
address of the Inspector-cum-Facilitator having jurisdiction.
(3) Every employer shall issue wage slips to the employees in such form and manner
as may be prescribed.
(4) The provisions of sub-sections (1) to (3) shall not apply in respect of the employer
to the extent he employs not more than five persons for agriculture or domestic purpose:
Provided that such employer, when demanded, shall produce before the Inspector-
cum-Facilitator, the reasonable proof of the payment of wages to the persons so employed.
Explanation.—For the purposes of this sub-section, the expression "domestic
purpose" means the purpose exclusively relating to the home or family affairs of the employer
and does not include any affair relating to any establishment, industry, trade, business,
manufacture or occupation.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23

CHAPTER VII
INSPECTOR-CUM-FACILITATOR
51. (1) The appropriate Government may, by notification, appoint Inspector-cum- Appointment
Facilitators for the purposes of this Code who shall exercise the powers conferred on them of Inspector-
cum-
under sub-section (4) throughout the State or such geographical limits assigned in relation Facilitators
to one or more establishments situated in such State or geographical limits or in one or more and their
powers.
establishments, irrespective of geographical limits, assigned to him by the appropriate
Government, as the case may be.
(2) The appropriate Government may, by notification, lay down an inspection scheme
which may also provide for generation of a web-based inspection and calling of information
relating to the inspection under this Code electronically.
(3) Without prejudice to the provisions of sub-section (2), the appropriate Government
may, by notification, confer such jurisdiction of randomised selection of inspection for the
purposes of this Code to the Inspector-cum-Facilitator as may be specified in such
notification.
(4) Every Inspector-cum-Facilitator appointed under sub-section (1) shall be deemed
45 of 1860. to be public servant within the meaning of section 21 of the Indian Penal Code.
(5) The Inspector-cum-Facilitator may––
(a) advice to employers and workers relating to compliance with the provisions
of this Code;
(b) inspect the establishments as assigned to him by the appropriate
Government,
subject to the instructions or guidelines issued by the appropriate Government from time to
time.
(6) Subject to the provisions of sub-section (4), the Inspector-cum-Facilitator may,—
(a) examine any person who is found in any premises of the establishment,
whom the Inspector-cum-Facilitator has reasonable cause to believe, is a worker of
the establishment;
(b) require any person to give any information, which is in his power to give
with respect to the names and addresses of the persons;
(c) search, seize or take copies of such register, record of wages or notices or
portions thereof as the Inspector-cum-Facilitator may consider relevant in respect of
an offence under this Code and which the Inspector-cum-Facilitator has reason to
believe has been committed by the employer;
(d) bring to the notice of the appropriate Government defects or abuses not
covered by any law for the time being in force; and
(e) exercise such other powers as may be prescribed.
(7) Any person required to produce any document or to give any information required
by a Inspector-cum-Facilitator under sub-section (5) shall be deemed to be legally bound to
45 of 1860. do so within the meaning of section 175 and section 176 of the Indian Penal Code.

2 of 1974. (8) The provisions of the Code of Criminal Procedure, 1973 shall, so far as may be,
apply to the search or seizure under sub-section (5) as they apply to the search or seizure
made under the authority of a warrant issued under section 94 of the said Code.
 24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

CHAPTER VIII
OFFENCES AND PENALTIES

Cognizance of 52. (1) No court shall take cognizance of any offence punishable under this Code,
offences. save on a complaint made by or under the authority of the appropriate Government or an
officer authorised in this behalf, or by an employee or a registered Trade Union registered
under the Trade Unions Act, 1926 or an Inspector-cum-Facilitator. 16 of 1926.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no 2 of 1974.
court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class
shall try the offences under this Code.
Power of 53. (1) Notwithstanding anything contained in section 52, for the purpose of imposing
officers of penalty under clauses (a) and (c) of sub-section (1) and sub-section (2) of section 54 and
appropriate
Government sub-section (7) of section 56, the appropriate Government may appoint any officer not
to impose below the rank of Under Secretary to the Government of India or an officer of equivalent
penalty in rank in the State Government, as the case may be, for holding enquiry in such manner, as
certain cases. may be prescribed by the Central Government.
(2) While holding the enquiry, the officer referred to in sub-section (1) shall have the
power to summon and enforce attendance of any person acquainted with the facts and
circumstances of the case to give evidence or to produce any document, which in the
opinion of such officer, may be useful for or relevant to the subject matter of the enquiry and
if, on such enquiry, he is satisfied that the person has committed any offence under the
provisions referred to in sub-section (1), he may impose such penalty as he thinks fit in
accordance with such provisions.
Penalties for 54. (1) Any employer who—
offences.
(a) pays to any employee less than the amount due to such employee under the
provisions of this Code shall be punishable with fine which may extend to fifty
thousand rupees;
(b) having been convicted of an offence under clause (a) is again found guilty
of similar offence under this clause, within five years from the date of the commission
of the first or subsequent offence, he shall, on the second and the subsequent
commission of the offence, be punishable with imprisonment for a term which may
extend to three months or with fine which may extend to one lakh rupees, or with
both;
(c) contravenes any other provision of this Code or any rule made or order
made or issued thereunder shall be punishable with fine which may extend to twenty
thousand rupees;
(d) having been convicted of an offence under clause (c) is again found guilty
of similar offence under this clause, within five years from the date of the commission
of the first or subsequent offence, he shall, on the second and the subsequent
commission of the offence under this clause, be punishable with imprisonment for a
term which may extend to one month or with fine which may extend to forty thousand
rupees, or with both.
(2) Notwithstanding anything contained in sub-section (1), for the offences of
non-maintenance or improper maintenance of records in the establishment, the employer
shall be punishable with fine which may extend to ten thousand rupees.
(3) Notwithstanding anything contained in clause (c) of sub-section (1) or
sub-section (2), the Inspector-cum-Facilitator shall, before initiation of prosecution
proceeding for the offences under the said clause or sub-section, give an opportunity to
the employer to comply with the provisions of this Code by way of a written direction,
which shall lay down a time period for such compliance, and, if the employer complies with
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25

the direction within such period, the Inspector-cum-Facilitator shall not initiate such
prosecution proceeding and, no such opportunity shall be accorded to an employer, if the
violation of the same nature of the provisions under this Code is repeated within a period of
five years from the date on which such first violation was committed and in such case the
prosecution shall be initiated in accordance with the provisions of this Code.
55. (1) If the person committing an offence under this Code is a company, every Offences by
person who, at the time the offence was committed was in charge of, and was responsible to companies.
the company for the conduct of business of the company, as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment if he proves that the offence was committed without his knowledge
or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Code has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the part of,
any director, manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly.
Explanation.––For the purposes of this section,––
(a) "company" means anybody corporate and includes—
(i) a firm; or
(ii) a limited liability partnership registered under the Limited Liability
6 of 2009. Partnership Act, 2008; or
(iii) other association of individuals; and
(b) "director" in relation to a firm means a partner in the firm.
2 of 1974. 56. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, Composition
any offence punishable under this Code, not being an offence punishable with imprisonment of offences.
only, or with imprisonment and also with fine, may, on an application of the accused person,
either before or after the institution of any prosecution, be compounded by a Gazetted
Officer, as the appropriate Government may, by notification, specify, for a sum of fifty per
cent. of the maximum fine provided for such offence, in the manner as may be prescribed.
(2) Nothing contained in sub-section (1) shall apply to an offence committed by a
person for the second time or thereafter within a period of five years from the date— (i) of
commission of a similar offence which was earlier compounded; (ii) of commission of similar
offence for which such person was earlier convicted.
(3) Every officer referred to in sub-section (1) shall exercise the powers to compound
an offence, subject to the direction, control and supervision of the appropriate Government.
(4) Every application for the compounding of an offence shall be made in such manner
as may be prescribed.
(5) Where any offence is compounded before the institution of any prosecution, no
prosecution shall be instituted in relation to such offence, against the offender in relation to
whom the offence is so compounded.
(6) Where the composition of any offence is made after the institution of any
prosecution, such composition shall be brought by the officer referred to in sub-section (1)
in writing, to the notice of the court in which the prosecution is pending and on such notice
of the composition of the offence being given, the person against whom the offence is so
compounded shall be discharged.
 26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(7) Any person who fails to comply with an order made by the officer referred to in
sub-section (1), shall be punishable with a sum equivalent to twenty per cent. of the
maximum fine provided for the offence, in addition to such fine.
(8) No offence punishable under the provisions of this Code shall be compounded
except under and in accordance with the provisions of this section.
CHAPTER IX
MISCELLANEOUS
Bar of suits. 57. No court shall entertain any suit for the recovery of minimum wages, any deduction
from wages, discrimination in wages and payment of bonus, in so far as the sum so claimed—
(a) forms the subject of claims under section 45;
(b) has formed the subject of a direction under this Code;
(c) has been adjudged in any proceeding under this Code;
(d) could have been recovered under this Code.
Protection of 58. No suit, prosecution or any other legal proceeding shall lie against the appropriate
action taken Government or any officer of that Government for anything which is in good faith done or
in good faith.
intended to be done under this Code.
Burden of 59. Where a claim has been filed on account of non-payment of remuneration or
proof. bonus or less payment of wages or bonus or on account of making deductions not authorised
by this Code from the wages of an employee, the burden to prove that the said dues have
been paid shall be on the employer.
Contracting 60. Any contract or agreement whereby an employee relinquishes the right to any
out. amount or the right to bonus due to him under this Code shall be null and void in so far as
it purports to remove or reduce the liability of any person to pay such amount under this
Code.
Effect of laws 61. The provisions of this Code shall have effect notwithstanding anything
agreements, inconsistent therewith contained in any other law for the time being in force or in the terms
etc.,
inconsistent
of any award, agreement, settlement or contract of service.
with this
Code.
Delegation of 62. The appropriate Government may, by notification, direct that any power exercisable
powers. by it under this Code shall, in relation to such matters and subject to such conditions, if any,
as may be specified in the notification, be also exercisable—
(a) where the appropriate Government is the Central Government, by such
officer or authority subordinate to the Central Government or by the State Government
or by such officer or authority subordinate to the State Government, as may be
specified in the notification;
(b) where the appropriate Government is a State Government, by such officer or
authority subordinate to the State Government as may be specified in the notification.
Exemption of 63. Where an employer is charged with an offence under this Code, he shall be
employer entitled upon complaint duly made by him, to have any other person whom he charges as
from liability
in certain
the actual offender, brought before the court at the time appointed for hearing the charge;
cases. and if, after the commission of the offence has been proved, the employer proves to the
satisfaction of the court—
(a) that he has used due diligence to enforce the execution of this Code; and
(b) that the said other person committed the offence in question without his
knowledge, consent or connivance,
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27

that other person shall be convicted of the offence and shall be liable to the like punishment
as if he were the employer and the employer shall be discharged from any liability under this
Code in respect of such offence:
Provided that in seeking to prove, as aforesaid, the employer may be examined
on oath, and the evidence of the employer or his witness, if any, shall be subject to
cross-examination by or on behalf of the person whom the employer charges as the actual
offender and by the prosecution.
64. Any amount deposited with the appropriate Government by an employer to secure Protection
the due performance of a contract with that Government and any other amount due to such against
attachments
employer from that Government in respect of such contract shall not be liable to attachment of assets of
under any decree or order of any court in respect of any debt or liability incurred by the employer with
employer other than any debt or liability incurred by the employer towards any employee Government.
employed in connection with the contract aforesaid.
65. The Central Government may, for carrying into execution of the provisions of this Power of
Code in the State give directions to the State Government, and the State Government shall Central
Government
abide by such directions. to give
directions.

66. Nothing contained in this Code shall be deemed to affect the provisions of the Saving.
42 of 2005. Mahatma Gandhi National Rural Employment Guarantee Act, 2005 and the Coal Mines
46 of 1948. Provident Fund and Miscellaneous Provisions Act, 1948, or of any scheme made thereunder.
67. (1) The appropriate Government may, subject to the condition of previous Power of
publication, make rules for carrying out the provisions of this Code. appropriate
Government
(2) In particular and without prejudice to the generality of the foregoing power, such to make rules.
rules may provide for all or any of the following matters, namely:––
(a) the manner of calculating the wages under sub-section (4) of section 6;
(b) the arduousness of work to be taken into account in addition to minimum
rate of wages for certain category of workers under clause (b) of sub-section (6) of
section 6;
(c) the norms under clause (c) of sub-section (6) of section 6;
(d) the cases and circumstances in which an employee employed for a period of
less than the requisite number of hours shall not be entitled to receive wages for a full
normal working day, under section 10;
(e) the extent and conditions, which shall apply in relation to certain classes of
employees under sub-section (2) of section 13;
(f) the longer wage period for fixation of minimum rate of wages as referred to in
section 14;
(g) the manner of deducting loans made from any fund constituted for the
welfare of labour under sub-clause (ii) of clause (f) of sub-section (2) of section 18;
(h) the manner of recovery of excess of amount under sub-section (4) of
section 18;
(i) the authority to provide approval for imposition of fine under sub-section (1)
of section 19;
(j) the manner of exhibition of the acts and omissions to be specified in the
notice under sub-section (2) of section 19;
(k) the procedure for the imposition of fines under sub-section (3) of
section 19;
(l) the form of the register to record all fines and all realisations thereof under
sub-section (8) of section 19;
(m) the procedure for making deductions for absence from duty under
sub-section (2) of section 20;
28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(n) the procedure for making deductions for damage or loss under sub-section (2)
of section 21;
(o) the form of the register to record all deductions and all realisations thereof
under sub-section (3) of section 21;
(p) conditions for recovery of advance of money given to an employee after the
employment began under clause (b) of section 23;
(q) conditions for recovery of advances of wages to an employee not already
earned under clause (c) of section 23;
(r) deductions for recovery of loans and the rate of interest payable thereon
under section 24;
(s) the manner of regulating the procedure by the Central Advisory Board and
the State Advisory Board, including that of the committees and sub-committees
constituted by the State Advisory Board, under sub-section (10) of section 42;
(t) the terms of office of members of the Central Advisory Board, the State
Advisory Board, including that of the committees and sub-committees constituted
by the State Advisory Board, under sub-section (11) of section 42;
(u) the authority and manner of depositing with such authority, various
undisbursed dues under clause (b) of sub-section (1) of section 44;
(v) the form of single application in respect of a number of employees under
sub-section (5) of section 45;
(w) the form for making an appeal to the appellate authority under sub-section
(1) of section 49;
(x) the manner of maintenance of a register by the employer under sub-section (1)
of section 50;
(y) the form and manner of issuing wage slips under sub-section (3) of
section 50;
(z) the other powers to be exercised by the Inspector-cum-Facilitator under
sub-section (5) of section 51;
(za) the manner of imposing fine under sub-section (1) of section 56;
(zb) the manner of composition of offence by a Gazetted Officer specified under
sub-section (4) of section 56;
(zc) any other matter which is required to be, or may be, prescribed under the
provisions of this Code.
(3) The Central Government may, subject to the condition of previous publication,
make rules for,—
(a) the manner of fixing floor wage under sub-section (1) of section 9;
(b) the manner of consultation with State Government under sub-section (3) of
section 9;
(c) the manner of making set on or set off for the sixth accounting year under
clause (i) of sub-section (7) of section 26;
(d) the manner of making set on or set off for the seventh accounting year
under clause (ii) of sub-section (7) of section 26;
(e) the manner of calculating gross profit under clauses (a) and (b) of
section 32;
(f) such further sums in respect of employer under clause (c) of section 34;
(g) the manner of utilising the excess of allocable surplus to be carried forward
for being set on in the succeeding accounting year and so on up to and inclusive of
the fourth accounting year under sub-section (1) of section 36;
(h) the manner of utilising the minimum amount or the deficiency to be carried
forward for being set off in the succeeding accounting year and so on up to and
inclusive of the fourth accounting year under sub-section (2) of section 36; and
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29

(i) the manner of holding an enquiry under sub-section (1) of section 53.
(4) Every rule made by the Central Government under this section shall be laid, as
soon as may be after it is made, before each House of Parliament, while it is in session, for
a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the
session or the successive sessions as aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or amendment shall be without prejudice to the validity
of anything previously done under that rule.
(5) Every rule made by the State Government under this section shall, as soon as
possible after it is made, be laid before the State Legislature.
68. (1) If any difficulty arises in giving effect to the provisions of this Code, the Power to
Central Government may, by order published in the Official Gazette, make such provisions remove
difficulties.
not inconsistent with the provisions of this Code, as may appear to be necessary for
removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a
period of three years from the commencement of this Code.
(2) Every order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
4 of 1936. 69. (1) The Payment of Wages Act, 1936, the Minimum Wages Act, 1948, the Payment Repeal and
11 of 1948. of Bonus Act, 1965 and the Equal Remuneration Act, 1976 are hereby repealed. savings.
21 of 1965.
25 of 1976. (2) Notwithstanding such repeal, anything done or any action taken under the enactments
so repealed including any notification, nomination, appointment, order or direction made
thereunder or any amount of wages provided in any provision of such enactments for any
purpose shall be deemed to have been done or taken or provided for such purpose under the
corresponding provisions of this Code and shall be in force to the extent they are not contrary
to the provisions of this Code till they are repealed under the corresponding provisions of this
Code or by the notification to that effect by the Central Government.
(3) Without prejudice to the provisions of sub-section (2), the provisions of
10 of 1897. section 6 of the General Clauses Act, 1897 shall apply to the repeal of such enactments.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
BANSHI Digitally signed by
BANSHI DHAR DUBEY
DHAR
MGIPMRND—2589GI(S3)—08-08-2019. DUBEY
Date: 2019.08.08
23:05:45 +05'30'
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

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EXTRAORDINARY
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PART II — Section 1
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PUBLISHED BY AUTHORITY
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No. 49] NEW DELHI, THURSDAY, AUGUST 8, 2019/SHRAVANA 17, 1941 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 8th August, 2019/Shravana 17, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
8th August, 2019, and is hereby published for general information:—
THE NATIONAL MEDICAL COMMISSION ACT, 2019
NO. 30 OF 2019
[8th August, 2019.]
An Act to provide for a medical education system that improves access to
quality and affordable medical education, ensures availability of adequate
and high quality medical professionals in all parts of the country; that
promotes equitable and universal healthcare that encourages community
health perspective and makes services of medical professionals accessible
to all the citizens; that promotes national health goals; that encourages
medical professionals to adopt latest medical research in their work and
to contribute to research; that has an objective periodic and transparent
assessment of medical institutions and facilitates maintenance of a medical
register for India and enforces high ethical standards in all aspects of
medical services; that is flexible to adapt to changing needs and has an
effective grievance redressal mechanism and for matters connected
therewith or incidental thereto.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the National Medical Commission Act, 2019. Short title,
extent and
(2) It extends to the whole of India. commencement.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint, and different dates may be appointed for
different provisions of this Act and any reference in any such provision to the
commencement of this Act shall be construed as a reference to the coming into force of
that provision.
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) "Autonomous Board" means any of the Autonomous Boards constituted
under section 16;
(b) "Chairperson" means the Chairperson of the National Medical
Commission appointed under section 5;
(c) "Commission" means the National Medical Commission constituted under
section 3;
(d) "Council" means the Medical Advisory Council constituted under
section 11;
(e) " Ethics and Medical Registration Board" means the Board constituted
under section 16;
(f) "health University" means a University specialised in affiliating
institutions engaged in teaching medicine, medical and health sciences and
includes a medical University and University of health sciences;
(g) "licence" means a licence to practice medicine granted under
sub-section (1) of section 33;
(h) "Medical Assessment and Rating Board" means the Board constituted
under section 16;
(i) "medical institution" means any institution within or outside India which
grants degrees, diplomas or licences in medicine and include affiliated colleges
and deemed to be Universities;
(j) "medicine" means modern scientific medicine in all its branches and
includes surgery and obstetrics, but does not include veterinary medicine and
surgery;
(k) "Member" means a Member of the Commission appointed under
section 5 and includes the Chairperson thereof;
(l) "National Board of Examination" means the body registered as such
under the Societies Registration Act, 1860 which grants broad-speciality and 21 of 1860.
super-speciality qualifications referred to in the Schedule;
(m) "National Register" means a National Medical Register maintained by
the Ethics and Medical Registration Board under section 31;
(n) "notification" means notification published in the Official Gazette and
the expression "notify" shall be construed accordingly;
(o) "Post-Graduate Medical Education Board" means the Board
constituted under section 16;
(p) "prescribed" means prescribed by rules made under this Act;
(q) "President" means the President of an Autonomous Board appointed
under section 18;
(r) "recognised medical qualification" means a medical qualification
recognised under section 35 or section 36 or section 37 or section 40, as the case
may be;
(s) "regulations" means the regulations made by the Commission under this Act;
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(t) "Schedule" means the Schedule to this Act;

(u) "State Medical Council" means a medical council constituted under any
law for the time being in force in any State or Union territory for regulating the
practice and registration of practitioners of medicine in that State or Union territory;
(v) "State Register" means a register maintained under any law for the time
being in force in any State or Union territory for registration of practitioners of
medicine;
(w) "Under-Graduate Medical Education Board" means the Board constituted
under section 16;
(x) "University" shall have the same meaning as assigned to it in clause (f)
3 of 1956. of section 2 of the University Grants Commission Act, 1956 and includes a health
University.

CHAPTER II
THE N ATIONAL MEDICAL COMMISSION
3. (1) The Central Government shall constitute a Commission, to be known as the Constitution
National Medical Commission, to exercise the powers conferred upon, and to perform of National
Medical
the functions assigned to it, under this Act. Commission.
(2) The Commission shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal, with power, subject to the provisions of this
Act, to acquire, hold and dispose of property, both movable and immovable, and to
contract, and shall, by the said name, sue or be sued.
(3) The head office of the Commission shall be at New Delhi.
4. (1) The Commission shall consist of the following persons to be appointed by Composition
the Central Government, namely:— of
Commission.
(a) a Chairperson;
(b) ten ex officio Members; and
(c) twenty-two part-time Members.
(2) The Chairperson shall be a medical professional of outstanding ability,
proven administrative capacity and integrity, possessing a postgraduate degree in any
discipline of medical sciences from any University and having experience of not less
than twenty years in the field of medical sciences, out of which at least ten years shall
be as a leader in the area of medical education.
(3) The following persons shall be the ex officio Members of the Commission,
namely:—
(a) the President of the Under-Graduate Medical Education Board;
(b) the President of the Post-Graduate Medical Education Board;
(c) the President of the Medical Assessment and Rating Board;
(d) the President of the Ethics and Medical Registration Board;
(e) the Director General of Health Services, Directorate General of Health
Services, New Delhi;
(f) the Director General, Indian Council of Medical Research;
(g) a Director of any of the All India Institutes of Medical Sciences, to be
nominated by the Central Government;
 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(h) two persons from amongst the Directors of Postgraduate Institute of

Medical Education and Research, Chandigarh; Jawaharlal Institute of
Postgraduate Medical Education and Research, Puducherry; Tata Memorial
Hospital, Mumbai; North Eastern Indira Gandhi Regional Institute of Health and
Medical Sciences, Shillong; and All India Institute of Hygiene and Public Health,
Kolkata; to be nominated by the Central Government; and
(i) one person to represent the Ministry of the Central Government dealing
with Health and Family Welfare, not below the rank of Additional Secretary to the
Government of India, to be nominated by that Ministry.
(4) The following persons shall be appointed as part-time Members of the
Commission, namely:—
(a) three Members to be appointed from amongst persons of ability, integrity
and standing, who have special knowledge and professional experience in such
areas including management, law, medical ethics, health research, consumer or
patient rights advocacy, science and technology and economics;
(b) ten Members to be appointed on rotational basis from amongst the
nominees of the States and Union territories, under clauses (c) and (d) of
sub-section (2) of section 11, in the Medical Advisory Council for a term of two
years in such manner as may be prescribed;
(c) nine members to be appointed from amongst the nominees of the States
and Union territories, under clause (e) of sub-section (2) of section 11, in the
Medical Advisory Council for a term of two years in such manner as may be
prescribed.
Explanation.—For the purposes of this section and section 17, the term
"leader" means the Head of a Department or the Head of an organisation.
Search 5. (1) The Central Government shall appoint the Chairperson, part-time Members
Committee referred to in clause (a) of sub-section (4) of section 4 and the Secretary referred to in
for
appointment
section 8 on the recommendation of a Search Committee consisting of—
of (a) the Cabinet Secretary—Chairperson;
Chairperson
and Members. (b) three experts, possessing outstanding qualifications and experience of
not less than twenty-five years in the field of medical education, public health
education and health research, to be nominated by the Central Government—
Members;
(c) one expert, from amongst the part-time Members referred to in clause (c)
of sub-section (4) of section 4, to be nominated by the Central Government in
such manner as may be prescribed—Member;
(d) one person, possessing outstanding qualifications and experience
of not less than twenty-five years in the field of management or law or economics
or science and technology, to be nominated by the Central Government—
Member; and
(e) the Secretary to the Government of India in charge of the Ministry of
Health and Family Welfare, to be the Convenor—Member.
(2) The Central Government shall, within one month from the date of occurrence
of any vacancy, including by reason of death, resignation or removal of the Chairperson
or a Member, or within three months before the end of tenure of the Chairperson or
Member, make a reference to the Search Committee for filling up of the vacancy.
(3) The Search Committee shall recommend a panel of at least three names for
every vacancy referred to it.
(4) The Search Committee shall, before recommending any person for appointment
as the Chairperson or a Member of the Commission, satisfy itself that such person
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

does not have any financial or other interest which is likely to affect prejudicially his
functions as such Chairperson or Member.
(5) No appointment of the Chairperson or Member shall be invalid merely by
reason of any vacancy or absence of a Member in the Search Committee.
(6) Subject to the provisions of sub-sections (2) to (5), the Search Committee may
regulate its own procedure.
6. (1) The Chairperson and the part-time Members, other than the part-time Term of
Members appointed under clauses (b) and (c) of sub-section (4) of section 4, shall hold office and
conditions of
office for a term not exceeding four years and shall not be eligible for any extension or
service of
re-appointment: Chairperson
and Members.
Provided that such person shall cease to hold office after attaining the age of
seventy years.
(2) The term of office of an ex officio Member shall continue as long as he holds
the office by virtue of which he is such Member.
(3) Where a Member, other than an ex officio Member, is absent from three
consecutive ordinary meetings of the Commission and the cause of such absence is
not attributable to any valid reason in the opinion of the Commission, such Member
shall be deemed to have vacated the seat.
(4) The salaries and allowances payable to, and other terms and conditions of
service of, the Chairperson and Member, other than an ex officio Member, shall be
such as may be prescribed.
(5) The Chairperson or a Member may,—
(a) relinquish his office by giving in writing to the Central Government a
notice of not less than three months; or
(b) be removed from his office in accordance with the provisions of
section 7:
Provided that such person may be relieved from duties earlier than three months
or be allowed to continue beyond three months until a successor is appointed, if the
Central Government so decides.
(6) The Chairperson and every member of the Commission shall make declaration
of his assets and his liabilities at the time of entering upon his office and at the time of
demitting his office and also declare his professional and commercial engagement or
involvement in such form and manner as may be prescribed, and such declaration shall
be published on the website of the Commission.
(7) The Chairperson or a Member, ceasing to hold office as such, shall not accept,
for a period of two years from the date of demitting such office, any employment, in any
capacity, including as a consultant or an expert, in any private medical institution,
whose matter has been dealt with by such Chairperson or Member, directly or indirectly:
Provided that nothing herein shall be construed as preventing such person from
accepting an employment in a body or institution, including medical institution,
controlled or maintained by the Central Government or a State Government:
Provided further that nothing herein shall prevent the Central Government from
permitting the Chairperson or a Member to accept any employment in any capacity,
including as a consultant or expert in any private medical institution whose matter
has been dealt with by such Chairperson or Member.
 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Removal of 7. (1) The Central Government may, by order, remove from office the Chairperson
Chairperson or any other Member, who—
and Member
of (a) has been adjudged an insolvent; or
Commission.
(b) has been convicted of an offence which, in the opinion of the Central
Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) has acquired such financial or other interest as is likely to affect
prejudicially his functions as a Member; or
(f) has so abused his position as to render his continuance in office prejudicial
to public interest.
(2) No Member shall be removed under clauses (e) and (f) of sub-section (1)
unless he has been given a reasonable opportunity of being heard in the matter.
Appointment 8. (1) There shall be a Secretariat for the Commission to be headed by a
of Secretary,
experts,
Secretary, to be appointed by the Central Government in accordance with the provisions
professionals, of section 5.
officers and
other (2) The Secretary of the Commission shall be a person of proven administrative
employees of capacity and integrity, possessing such qualifications and experience as may be
Commission. prescribed.
(3) The Secretary shall be appointed by the Central Government for a term of four
years and shall not be eligible for any extension or re-appointment.
(4) The Secretary shall discharge such functions of the Commission as are
assigned to him by the Commission and as may be specified by regulations made under
this Act.
(5) The Commission may, for the efficient discharge of its functions under this
Act, appoint such officers and other employees, as it considers necessary, against the
posts created by the Central Government.
(6) The salaries and allowances payable to, and other terms and conditions of
service of, the Secretary, officers and other employees of the Commission shall be such
as may be prescribed.
(7) The Commission may engage, in accordance with the procedure specified by
regulations, such number of experts and professionals of integrity and outstanding
ability, who have special knowledge of, and experience in such fields, including medical
education, public health, management, health economics, quality assurance, patient
advocacy, health research, science and technology, administration, finance, accounts
and law, as it deems necessary, to assist the Commission in the discharge of its functions
under this Act.
Meetings, 9. (1) The Commission shall meet at least once every quarter at such time and
etc., of place as may be appointed by the Chairperson.
Commission.
(2) The Chairperson shall preside at the meeting of the Commission, and if, for
any reason, the Chairperson is unable to attend a meeting of the Commission, any
other Member, being the President of an Autonomous Board, nominated by the
Chairperson, shall preside at the meeting.
(3) Unless the procedure to be followed at the meetings of the Commission is
otherwise provided by regulations, one-half of the total number of Members of the
Commission including the Chairperson shall constitute the quorum and all the acts of
the Commission shall be decided by a majority of the members, present and voting and
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

in the event of equality of votes, the Chairperson, or in his absence, the President of
the Autonomous Board nominated under sub-section (2), shall have the casting vote.
(4) The general superintendence, direction and control of the administration of
the Commission shall vest in the Chairperson.
(5) No act done by the Commission shall be questioned on the ground of the
existence of a vacancy in, or a defect in the constitution of, the Commission.
(6) A person who is aggrieved by any decision of the Commission except the
decision rendered under sub-section (4) of section 30 may prefer an appeal to the
Central Government against such decision within thirty days of the communication of
such decision.
10. (1) The Commission shall perform the following functions, namely:— Powers and
functions of
(a) lay down policies for maintaining a high quality and high standards in Commission.
medical education and make necessary regulations in this behalf;
(b) lay down policies for regulating medical institutions, medical researches
and medical professionals and make necessary regulations in this behalf;
(c) assess the requirements in healthcare, including human resources for
health and healthcare infrastructure and develop a road map for meeting such
requirements;
(d) promote, co-ordinate and frame guidelines and lay down policies by
making necessary regulations for the proper functioning of the Commission, the
Autonomous Boards and the State Medical Councils;
(e) ensure co-ordination among the Autonomous Boards;
(f) take such measures, as may be necessary, to ensure compliance by the
State Medical Councils of the guidelines framed and regulations made under this
Act for their effective functioning under this Act;
(g) exercise appellate jurisdiction with respect to the decisions of the
Autonomous Boards;
(h) lay down policies and codes to ensure observance of professional ethics
in medical profession and to promote ethical conduct during the provision of
care by medical practitioners;
(i) frame guidelines for determination of fees and all other charges in respect
of fifty per cent. of seats in private medical institutions and deemed to be
universities which are governed under the provisions of this Act;
(j) exercise such other powers and perform such other functions as may be
prescribed.
(2) All orders and decisions of the Commission shall be authenticated by the
signature of the Secretary.
(3) The Commission may delegate such of its powers of administrative and financial
matters, as it deems fit, to the Secretary.
(4) The Commission may constitute sub-committees and delegate such of its
powers to such sub-committees as may be necessary to enable them to accomplish
specific tasks.
 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

CHAPTER III
THE MEDICAL ADVISORY COUNCIL
Constitution 11. (1) The Central Government shall constitute an advisory body to be known as
and
composition the Medical Advisory Council.
of Medical
Advisory
(2) The Council shall consist of a Chairperson and the following members, namely:—
Council.
(a) the Chairperson of the Commission shall be the ex officio Chairperson
of the Council;
(b) every member of the Commission shall be the ex officio members of the
Council;
(c) one member to represent each State, who is the Vice-Chancellor of a
health University in that State, to be nominated by that State Government;
(d) one member to represent each Union territory, who is the Vice-Chancellor
of a health University in that Union territory, to be nominated by the Ministry of
Home Affairs in the Government of India;
(e) one member to represent each State and each Union territory from
amongst elected members of the State Medical Council, to be nominated by that
State Medical Council;
(f) the Chairman, University Grants Commission;
(g) the Director, National Assessment and Accreditation Council;
(h) four members to be nominated by the Central Government from amongst
persons holding the post of Director in the Indian Institutes of Technology,
Indian Institutes of Management and the Indian Institute of Science:
Provided that if there is no health University in any State or Union territory,
the Vice-Chancellor of a University within that State or Union territory having the
largest number of medical colleges affiliated to it shall be nominated by the State
Government or by the Ministry of Home Affairs in the Government of India:
Provided further that if there is no University in any Union territory, the
Ministry of Home Affairs shall nominate a member who possesses such medical
qualification and experience as may be prescribed.
Functions of 12. (1) The Council shall be the primary platform through which the States and
Medical
Advisory
Union territories may put forth their views and concerns before the Commission and
Council. help in shaping the overall agenda, policy and action relating to medical education and
training.
(2) The Council shall advise the Commission on measures to determine and
maintain, and to co-ordinate maintenance of, the minimum standards in all matters
relating to medical education, training and research.
(3) The Council shall advise the Commission on measures to enhance equitable
access to medical education.
Meetings of 13. (1) The Council shall meet at least twice a year at such time and place as may
Medical be decided by the Chairperson.
Advisory
Council. (2) The Chairperson shall preside at the meeting of the Council and if for any
reason the Chairperson is unable to attend a meeting of the Council, such other member
as nominated by the Chairperson shall preside over the meeting.
(3) Unless the procedure is otherwise provided by regulations, fifty per cent. of
the members of the Council including the Chairperson shall form the quorum and all
acts of the Council shall be decided by a majority of the members present and voting.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

CHAPTER IV
NATIONAL EXAMINATION
14. (1) There shall be a uniform National Eligibility-cum-Entrance Test for National
admission to the undergraduate and postgraduate super-speciality medical education Eligibility-
cum-Entrance
in all medical institutions which are governed by the provisions of this Act:
Test.
Provided that the uniform National Eligibility-cum-Entrance Test for admission to
the undergraduate medical education shall also be applicable to all medical institutions
governed under any other law for the time being in force.
(2) The Commission shall conduct the National Eligibility-cum-Entrance Test in
English and in such other languages, through such designated authority and in such
manner, as may be specified by regulations.
(3) The Commission shall specify by regulations the manner of conducting
common counselling by the designated authority for admission to undergraduate and
postgraduate super-speciality seats in all the medical institutions which are governed
by the provisions of this Act:
Provided that the designated authority of the Central Government shall conduct
the common counselling for all India seats and the designated authority of the State
Government shall conduct the common counselling for the seats at the State level.
15. (1) A common final year undergraduate medical examination, to be known as National Exit
the National Exit Test shall be held for granting licence to practice medicine as medical Test.
practitioners and for enrolment in the State Register or the National Register, as the
case may be.
(2) The Commission shall conduct the National Exit Test through such designated
authority and in such manner as may be specified by regulations.
(3) The National Exit Test shall become operational on such date, within three
years from the date of commencement of this Act, as may be appointed by the Central
Government, by notification.
(4) Any person with a foreign medical qualification shall have to qualify National
Exit Test for the purpose of obtaining licence to practice medicine as medical practitioner
and for enrolment in the State Register or the National Register, as the case may be, in
such manner as may be specified by regulations.
(5) The National Exit Test shall be the basis for admission to the postgraduate
broad-speciality medical education in medical institutions which are governed under
the provisions of this Act or under any other law for the time being in force and shall
be done in such manner as may be specified by regulations.
(6) The Commission shall specify by regulations the manner of conducting
common counselling by the designated authority for admission to the postgraduate
broad-speciality seats in the medical institutions referred to in sub-section (5):
Provided that the designated authority of the Central Government shall conduct
the common counselling for All India seats and the designated authority of the State
Government shall conduct the common counselling for the seats at the State level.

CHAPTER V
AUTONOMOUS BOARDS
16. (1) The Central Government shall, by notification, constitute the following Constitution
Autonomous Boards, under the overall supervision of the Commission, to perform the of
Autonomous
functions assigned to such Boards under this Act, namely:— Boards.
(a) the Under-Graduate Medical Education Board;
 10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) the Post-Graduate Medical Education Board;

(c) the Medical Assessment and Rating Board; and
(d) the Ethics and Medical Registration Board.
(2) Each Board referred to in sub-section (1) shall be an autonomous body which
shall carry out its functions under this Act subject to the regulations made by the
Commission.
Composition 17. (1) Each Autonomous Board shall consist of a President and two whole-time
of Members and two part-time Members.
Autonomous
Boards. (2) The President of each Autonomous Board, three Members (including one
part-time Member) of the Under-Graduate Medical Education Board and the
Post-Graduate Medical Education Board, and two Members (including one part-time
Member) each of the Medical Assessment and Rating Board and the Ethics and
Medical Registration Board shall be persons of outstanding ability, proven
administrative capacity and integrity, possessing a postgraduate degree in any
discipline of medical sciences from any University and having experience of not less
than fifteen years in such field, out of which at least seven years shall be as a leader in
the area of medical education, public health, community medicine or health research.
(3) The third Member of the Medical Assessment and Rating Board shall be a
person of outstanding ability and integrity, possessing a postgraduate degree in any
of the disciplines of management, quality assurance, law or science and technology
from any University, having not less than fifteen years’ experience in such field, out of
which at least seven years shall be as a leader.
(4) The third Member of the Ethics and Medical Registration Board shall be a
person of outstanding ability who has demonstrated public record of work on medical
ethics or a person of outstanding ability possessing a postgraduate degree in any of
the disciplines of quality assurance, public health, law or patient advocacy from any
University and having not less than fifteen years’ experience in such field, out of which
at least seven years shall be as a leader.
(5) The fourth Member of each Autonomous Boards, being a part-time Member,
shall be chosen from amongst the elected Members of the State Medical Council in
such manner as may be prescribed.
Search 18. The Central Government shall appoint the President and Members of the
Committee
Autonomous Boards, except Members referred to in sub-section (5) of section 17, on
for
appointment the recommendations made by the Search Committee constituted under section 5 in
of President accordance with the procedure specified in that section.
and Members.
Term of 19. (1) The President and Members (other than part-time Members) of each
office and Autonomous Board shall hold the office for a term not exceeding four years and shall
conditions of
service of
not be eligible for any extension or re-appointment:
President and Provided that part-time Members of each Autonomous Board shall hold the office
Members. for a term of two years:
Provided further that a Member shall cease to hold office after attaining the age
of seventy years.
(2) The salaries and allowances payable to, and other terms and conditions of
service of the President and Members (other than part-time Members) of an Autonomous
Board shall be such as may be prescribed:
Provided that part-time Members of each Autonomous Board shall be entitled for
such allowances as may be prescribed.
(3) The provisions of sub-sections (3), (5), (6), (7) and (8) of section 6 relating to
other terms and conditions of service of, and section 7 relating to removal from the
office of, the Chairperson and Members of the Commission shall also be applicable to
the President and Members of the Autonomous Boards.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

20. (1) Each Autonomous Board, except the Ethics and Medical Registration Advisory
Board, shall be assisted by such advisory committees of experts as may be constituted committees of
experts.
by the Commission for the efficient discharge of the functions of such Boards under
this Act.
(2) The Ethics and Medical Registration Board shall be assisted by such ethics
committees of experts as may be constituted by the Commission for the efficient
discharge of the functions of that Board under this Act.
21. The experts, professionals, officers and other employees appointed under Staff of
Autonomous
section 8 shall be made available to the Autonomous Boards in such number, and in Boards.
such manner, as may be specified by regulations by the Commission.
22. (1) Every Autonomous Board shall meet at least once a month at such time Meetings, etc.,
and place as it may appoint. of
Autonomous
(2) All decisions of the Autonomous Boards shall be made by majority of votes of Boards.
the President and Members.
(3) Subject to the provision of section 28, a person who is aggrieved by any
decision of an Autonomous Board may prefer an appeal to the Commission against
such decision within sixty days of the communication of such decision.
23. (1) The President of each Autonomous Board shall have such administrative Powers of
and financial powers as may be delegated to it by the Commission to enable such Board Autonomous
to function efficiently. Boards and
delegation of
(2) The President of an Autonomous Board may further delegate any of his powers powers.
to a Member or an officer of that Board.
24. (1) The Under-Graduate Medical Education Board shall perform the following Powers and
functions, namely:— functions of
Under-
(a) determine standards of medical education at undergraduate level and Graduate
oversee all aspects relating thereto; Medical
Education
(b) develop competency based dynamic curriculum at undergraduate level Board.
in accordance with the regulations made under this Act;
(c) develop competency based dynamic curriculum for addressing the needs
of primary health services, community medicine and family medicine to ensure
healthcare in such areas, in accordance with the provisions of the regulations
made under this Act;
(d) frame guidelines for setting up of medical institutions for imparting
undergraduate courses, having regard to the needs of the country and the global
norms, in accordance with the provisions of the regulations made under this Act;
(e) determine the minimum requirements and standards for conducting
courses and examinations for undergraduates in medical institutions, having
regard to the needs of creativity at local levels, including designing of some
courses by individual institutions, in accordance with the provisions of the
regulations made under this Act;
(f) determine standards and norms for infrastructure, faculty and quality of
education in medical institutions providing undergraduate medical education in
accordance with the provisions of the regulations made under this Act;
(g) facilitate development and training of faculty members teaching
undergraduate courses;
(h) facilitate research and the international student and faculty exchange
programmes relating to undergraduate medical education;
(i) specify norms for compulsory annual disclosures, electronically or
otherwise, by medical institutions, in respect of their functions that has a bearing
on the interest of all stakeholders including students, faculty, the Commission
and the Central Government;
 12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(j) grant recognition to a medical qualification at the undergraduate level.

(2) The Under-Graduate Medical Education Board may, in the discharge of its
duties, make such recommendations to, and seek such directions from, the Commission,
as it deems necessary.
Powers and 25. (1) The Post-Graduate Medical Education Board shall perform the following
functions of functions, namely:—
Post-Graduate
Medical (a) determine the standards of medical education at the postgraduate level
Education and super-speciality level in accordance with the regulations made under this
Board. Act and oversee all aspects relating thereto;
(b) develop competency based dynamic curriculum at postgraduate level
and super-speciality level in accordance with the regulations made under this
Act, with a view to develop appropriate skill, knowledge, attitude, values and
ethics among postgraduates and super-specialists to provide healthcare, impart
medical education and conduct medical research;
(c) frame guidelines for setting up of medical institutions for imparting
postgraduate and super-speciality courses, having regard to the needs of the
country and global norms, in accordance with the regulations made under this
Act;
(d) determine the minimum requirements and standards for conducting
postgraduate and super-speciality courses and examinations in medical
institution, in accordance with the regulations made under this Act;
(e) determine standards and norms for infrastructure, faculty and quality of
education in medical institutions conducting postgraduate and super-speciality
medical education, in accordance with the regulations made under this Act;
(f) facilitate development and training of the faculty members teaching
postgraduate and super-speciality courses;
(g) facilitate research and the international student and faculty exchange
programmes relating to postgraduate and super-speciality medical education;
(h) specify norms for compulsory annual disclosure, electronically or
otherwise, by medical institutions in respect of their functions that has a bearing
on the interest of all stakeholders including students, faculty, the Commission
and the Central Government;
(i) grant recognition to the medical qualifications at the postgraduate level
and super-speciality level;
(j) promote and facilitate postgraduate courses in family medicine.
(2) The Post-Graduate Medical Education Board may, in the discharge of its
functions, make such recommendations to, and seek such directions from, the
Commission, as it deems necessary.
Powers and 26. (1) The Medical Assessment and Rating Board shall perform the following
functions of functions, namely:—
Medical
Assessment (a) determine the procedure for assessing and rating the medical institutions
and Rating for their compliance with the standards laid down by the Under-Graduate Medical
Board. Education Board or the Post-Graduate Medical Education Board, as the case may
be, in accordance with the regulations made under this Act;
(b) grant permission for establishment of a new medical institution, or to
start any postgraduate course or to increase number of seats, in accordance with
the provisions of section 28;
(c) carry out inspections of medical institutions for assessing and rating
such institutions in accordance with the regulations made under this Act:
Provided that the Medical Assessment and Rating Board may, if it deems
necessary, hire and authorise any other third party agency or persons for carrying
out inspections of medical institutions for assessing and rating such institutions:
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

Provided further that where inspection of medical institutions is carried out

by such third party agency or persons authorised by the Medical Assessment
and Rating Board, it shall be obligatory on such institutions to provide access to
such agency or person;
(d) conduct, or where it deems necessary, empanel independent rating
agencies to conduct, assess and rate all medical institutions, within such period
of their opening, and every year thereafter, at such time, and in such manner, as
may be specified by the regulations;
(e) make available on its website or in public domain the assessment and
ratings of medical institutions at regular intervals in accordance with the
regulations made under this Act;
(f) take such measures, including issuing warning, imposition of monetary
penalty, reducing intake or stoppage of admissions and recommending to the
Commission for withdrawal of recognition, against a medical institution for failure
to maintain the minimum essential standards specified by the Under-Graduate
Medical Education Board or the Post-Graduate Medical Education Board, as the
case may be, in accordance with the regulations made under this Act.
(2) The Medical Assessment and Rating Board may, in the discharge of its
functions, make such recommendations to, and seek such directions from, the
Commission, as it deems necessary.
27. (1) The Ethics and Medical Registration Board shall perform the following Powers and
functions, namely:— functions of
Ethics and
(a) maintain National Registers of all licensed medical practitioners in Medical
Registration
accordance with the provisions of section 31;
Board.
(b) regulate professional conduct and promote medical ethics in accordance
with the regulations made under this Act:
Provided that the Ethics and Medical Registration Board shall ensure
compliance of the code of professional and ethical conduct through the State
Medical Council in a case where such State Medical Council has been conferred
power to take disciplinary actions in respect of professional or ethical misconduct
by medical practitioners under respective State Acts;
(c) develop mechanisms to have continuous interaction with State Medical
Councils to effectively promote and regulate the conduct of medical practitioners
and professionals;
(d) exercise appellate jurisdiction with respect to the actions taken by a
State Medical Council under section 30.
(2) The Ethics and Medical Registration Board may, in the discharge of its duties,
make such recommendations to, and seek such directions from, the Commission, as it
deems necessary.
28. (1) No person shall establish a new medical college or start any postgraduate Permission for
course or increase number of seats without obtaining prior permission of the Medical establishment
Assessment and Rating Board. of new
medical
(2) For the purposes of obtaining permission under sub-section (1), a person may college.
submit a scheme to the Medical Assessment and Rating Board in such form, containing
such particulars, accompanied by such fee, and in such manner, as may be specified by
the regulations.
(3) The Medical Assessment and Rating Board shall, having due regard to the
criteria specified in section 29, consider the scheme received under sub-section (2) and
either approve or disapprove such scheme within a period of six months from the date
of such receipt:
 14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Provided that before disapproving such scheme, an opportunity to rectify the

defects, if any, shall be given to the person concerned.
(4) Where a scheme is approved under sub-section (3), such approval shall be
the permission under sub-section (1) to establish new medical college.
(5) Where a scheme is disapproved under sub-section (3), or where no decision
is taken within six months of submitting a scheme under sub-section (1), the person
concerned may prefer an appeal to the Commission for approval of the scheme within
fifteen days of such disapproval or, as the case may be, lapse of six months, in such
manner as may be specified by the regulations.
(6) The Commission shall decide the appeal received under sub-section (5) within
a period of forty-five days from the date of receipt of the appeal and in case the
Commission approves the scheme, such approval shall be the permission under
sub-section (1) to establish a new medical college and in case the Commission
disapproves the scheme, or fails to give its decision within the specified period, the
person concerned may prefer a second appeal to the Central Government within thirty
days of communication of such disapproval or, as the case may be, lapse of specified
period.
(7) The Medical Assessment and Rating Board may conduct evaluation and
assessment of any medical institution at any time, either directly or through any other
expert having integrity and experience of medical profession and without any prior
notice and assess and evaluate the performance, standards and benchmarks of such
medical institution.
Explanation.—For the purposes of this section, the term "person" includes a
University, trust or any other association of persons or body of individuals, but does
not include the Central Government.
Criteria for 29. While approving or disapproving a scheme under section 28, the Medical
approving or Assessment and Rating Board, or the Commission, as the case may be, shall take into
disapproving
scheme. consideration the following criteria, namely:—
(a) adequacy of financial resources;
(b) whether adequate academic faculty and other necessary facilities have
been provided to ensure proper functioning of medical college or would be
provided within the time-limit specified in the scheme;
(c) whether adequate hospital facilities have been provided or would be
provided within the time-limit specified in the scheme;
(d) such other factors as may be prescribed:
Provided that, subject to the previous approval of the Central Government,
the criteria may be relaxed for the medical colleges which are set up in such areas
as may be specified by the regulations.
State Medical 30. (1) The State Government shall, within three years of the commencement of
Councils. this Act, take necessary steps to establish a State Medical Council if no such Council
exists in that State.
(2) Where a State Act confers power upon the State Medical Council to take
disciplinary actions in respect of any professional or ethical misconduct by a registered
medical practitioner or professional, the State Medical Council shall act in accordance
with the regulations made, and the guidelines framed, under this Act:
Provided that till such time as a State Medical Council is established in a State,
the Ethics and Medical Registration Board shall receive the complaints and grievances
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

relating to any professional or ethical misconduct against a registered medical

practitioner or professional in that State in accordance with such procedure as may be
specified by the regulations:

Provided further that the Ethics and Medical Registration Board or, as the case
may be, the State Medical Council shall give an opportunity of hearing to the medical
practitioner or professional concerned before taking any action, including imposition
of any monetary penalty against such person.

(3) A medical practitioner or professional who is aggrieved by any action taken

by a State Medical Council under sub-section (2) may prefer an appeal to the Ethics
and Medical Registration Board against such action, and the decision, if any, of the
Ethics and Medical Registration Board thereupon shall be binding on the State Medical
Council, unless a second appeal is preferred under sub-section (4).

(4) A medical practitioner or professional who is aggrieved by the decision of the

Ethics and Medical Registration Board may prefer an appeal to the Commission within
sixty days of communication of such decision.

Explanation.—For the purposes of this Act,—

(a) "State" includes Union territory and the expressions "State Government"
and "State Medical Council", in relation to a Union territory, shall respectively
mean the "Central Government" and "Union territory Medical Council";

(b) the expression "professional or ethical misconduct" includes any act of

commission or omission as may be specified by the regulations.

31. (1) The Ethics and Medical Registration Board shall maintain a National National
Register containing the name, address, all recognised qualifications possessed by a Register and
licensed medical practitioner and such other particulars as may be specified by the State Register.
regulations.

(2) The National Register shall be maintained in such form, including electronic
form, in such manner, as may be specified by the regulations.

(3) The manner in which a name or qualification may be added to, or removed
from, the National Register and the grounds for removal thereof, shall be such as may
be specified by the regulations.

(4) The National Register shall be a public document within the meaning of
1 of 1872. section 74 of the Indian Evidence Act, 1872.

(5) The National Register shall be made available to the public by placing it on the
website of the Ethics and Medical Registration Board.

(6) Every State Medical Council shall maintain and regularly update the State
Register in the specified electronic format and supply a physical copy of the same to
the Ethics and Medical Registration Board within three months of the commencement
of this Act.

(7) The Ethics and Medical Registration Board shall ensure electronic
synchronisation of the National Register and the State Register in such a manner that
any change in one register is automatically reflected in the other register.

(8) The Ethics and Medical Registration Board shall maintain a separate National
Register in such form, containing such particulars, including the name, address and all
recognised qualifications possessed by a Community Health Provider referred to in
section 32 in such manner as may be specified by the regulations.
 16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Community 32. (1) The Commission may grant limited licence to practice medicine at
Health mid-level as Community Health Provider to such person connected with modern
Provider.
scientific medical profession who qualify such criteria as may be specified by the
regulations:
Provided that the number of limited licence to be granted under this sub-section
shall not exceed one-third of the total number of licenced medical practitioners registered
under sub-section (1) of section 31.
(2) The Community Health Provider who is granted limited licences under
sub-section (1), may practice medicine to such extent, in such circumstances and for
such period, as may be specified by the regulations.
(3) The Community Health Provider may prescribe specified medicine
independently, only in primary and preventive healthcare, but in cases other than
primary and preventive healthcare, he may prescribe medicine only under the supervision
of medical practitioners registered under sub-section (1) of section 32.
Rights of 33. (1) Any person who qualifies the National Exit Test held under section 15
persons to have shall be granted a licence to practice medicine and shall have his name and qualifications
licence to
practice and
enrolled in the National Register or a State Register, as the case may be:
to be enrolled Provided that a person who has been registered in the Indian Medical Register
in National
maintained under the Indian Medical Council Act, 1956 prior to the coming into force of 102 of 1956.
Register or
State Register this Act and before the National Exit Test becomes operational under sub-section (3) of
and their section 15, shall be deemed to have been registered under this Act and be enrolled in
obligations the National Register maintained under this Act.
thereto.
(2) No person who has obtained medical qualification from a medical institution
established in any country outside India and is recognised as a medical practitioner in
that country, shall, after the commencement of this Act and the National Exit Test
becomes operational under sub-section (3) of section 15, be enrolled in the National
Register unless he qualifies the National Exit Test.
(3) When a person whose name is entered in the State Register or the National
Register, as the case may be, obtains any title, diploma or other qualification for
proficiency in sciences or public health or medicine which is a recognised medical
qualification under section 35 or section 36, as the case may be, he shall be entitled to
have such title, diploma or qualification entered against his name in the State Register
or the National Register, as the case may be, in such manner as may be specified by the
regulations.
Bar to 34. (1) No person other than a person who is enrolled in the State Register or the
practice. National Register, as the case may be, shall—
(a) be allowed to practice medicine as a qualified medical practitioner;
(b) hold office as a physician or surgeon or any other office, by whatever
name called, which is meant to be held by a physician or surgeon;
(c) be entitled to sign or authenticate a medical or fitness certificate or any
other certificate required by any law to be signed or authenticated by a duly
qualified medical practitioner;
(d) be entitled to give evidence at any inquest or in any court of law as an
expert under section 45 of the Indian Evidence Act, 1872 on any matter relating to 1 of 1872.
medicine:
Provided that the Commission shall submit a list of such medical professionals
to the Central Government in such manner as may be prescribed:
Provided further that a foreign citizen who is enrolled in his country as a medical
practitioner in accordance with the law regulating the registration of medical practitioners
in that country may be permitted temporary registration in India for such period and in
such manner as may be specified by the regulations.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17

(2) Any person who contravenes any of the provisions of this section shall be
punished with imprisonment for a term which may extend to one year, or with fine which
may extend to five lakh rupees or with both.

CHAPTER VI
RECOGNITION OF MEDICAL QUALIFICATIONS

35. (1) The medical qualification granted by any University or medical institution Recognition
in India shall be listed and maintained by the Under-Graduate Medical Education Board of medical
qualifications
or the Post-Graduate Medical Education Board, as the case may be, in such manner as granted by
may be specified by the regulations and such medical qualification shall be a recognised Universities or
medical qualification for the purposes of this Act. medical
institutions in
(2) Any University or medical institution in India which grants an undergraduate India.
or postgraduate or super-speciality medical qualification not included in the list
maintained by the Under-Graduate Medical Education Board or the Post-Graduate
Medical Education Board, as the case may be, may apply to that Board for granting
recognition to such qualification.
(3) The Under-Graduate Medical Education Board or the Post-Graduate Medical
Education Board, as the case may be, shall examine the application for grant of
recognition to a medical qualification within a period of six months in such manner as
may be specified by the regulations.
(4) Where the Under-Graduate Medical Education Board or the Post-Graduate
Medical Education Board, as the case may be, decides to grant recognition to a medical
qualification, it shall include such medical qualification in the list maintained by it and
also specify the date of effect of such recognition.
(5) Where the Under-Graduate Medical Education Board or the Post-Graduate
Medical Education Board, as the case may be, decides not to grant recognition to a
medical qualification, the University or the medical institution concerned may prefer an
appeal to the Commission for grant of recognition within sixty days of the communication
of such decision, in such manner as may be specified by the regulations.
(6) The Commission shall examine the appeal received under sub-section (5)
within a period of two months and if it decides that recognition may be granted to such
medical qualification, it may direct the Under-Graduate Medical Education Board or the
Post-Graduate Medical Education Board, as the case may be, to include such medical
qualification in the list maintained by that Board, in such manner as may be specified
by the regulations.
(7) Where the Commission decides not to grant recognition to the medical
qualification, or fails to take a decision within the specified period, the University or
the medical institution concerned may prefer a second appeal to the Central Government
within thirty days of the communication of such decision or lapse of specified period,
as the case may be.
(8) All medical qualifications which have been recognised before the date of
commencement of this Act and are included in the First Schedule and Part I of the Third
102 of 1956. Schedule to the Indian Medical Council Act, 1956, shall also be recognised medical
qualifications for the purposes of this Act, and shall be listed and maintained by the
Under-Graduate Medical Education Board or the Post-Graduate Medical Education
Board, as the case may be, in such manner as may be specified by the regulations.
36. (1) Where an authority in any country outside India, which by the law of that Recognition
country is entrusted with the recognition of medical qualifications in that country, of medical
qualifications
makes an application to the Commission for granting recognition to such medical granted by
qualification in India, the Commission may, subject to such verification as it may deem medical
necessary, either grant or refuse to grant recognition to that medical qualification: institutions
outside India.
 18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Provided that the Commission shall give a reasonable opportunity of being heard
to such authority before refusing to grant such recognition.
(2) A medical qualification which is granted recognition by the Commission under
sub-section (1) shall be a recognised medical qualification for the purposes of this Act,
and such qualification shall be listed and maintained by the Commission in such manner
as may be specified by the regulations.
(3) Where the Commission refuses to grant recognition to the medical qualification
under sub-section (1), the authority concerned may prefer an appeal to the
Central Government against such decision within thirty days of communication thereof.
(4) All medical qualifications which have been recognised before the date of
commencement of this Act and are included in the Second Schedule and Part II of the
Third Schedule to the Indian Medical Council Act, 1956, shall also be recognised medical 102 of 1956.
qualifications for the purposes of this Act, and shall be listed and maintained by the
Commission in such manner as may be specified by the regulations.
Recognition 37. (1) The medical qualifications granted by any statutory or other body in India
of medical which are covered by the categories listed in the Schedule shall be recognised medical
qualifications
granted by
qualifications for the purposes of this Act.
statutory or
(2) The Diplomate of National Board in broad-speciality qualifications and super-
other body in
India. speciality qualifications when granted in a medical institution with attached hospital
or in a hospital with the strength of five hundred or more beds, by the National Board
of Examinations, shall be equivalent in all respects to the corresponding postgraduate
qualification and the super-speciality qualification granted under this Act, but in all
other cases, senior residency in a medical college for an additional period of one year
shall be required for such qualification to be equivalent for the purposes of teaching also.
(3) The Central Government may, on the recommendation of the Commission, and
having regard to the objects of this Act, by notification, add to, or, as the case may be,
omit from, the Schedule any categories of medical qualifications granted by a statutory
or other body in India and on such addition, or as the case may be, omission, the
medical qualifications granted by such statutory or other body in India shall be, or
shall cease to be, recognised medical qualifications for the purposes of this Act.
Withdrawal of 38. (1) Where, upon receiving a report from the Medical Assessment and Rating
recognition Board under section 26, or otherwise, if the Commission is of the opinion that—
granted to
medical (a) the courses of study and examination to be undergone in, or the
qualification proficiency required from candidates at any examination held by, a University or
granted by
medical medical institution do not conform to the standards specified by the
institutions in Under-Graduate Medical Education Board or the Post-Graduate Medical Education
India. Board, as the case may be; or
(b) the standards and norms for infrastructure, faculty and quality of
education in medical institution as determined by the Under-Graduate Medical
Education Board or the Post-Graduate Medical Education Board, as the case may
be, are not adhered to by any University or medical institution, and such
University or medical institution has failed to take necessary corrective action to
maintain specified minimum standards, the Commission may initiate action in
accordance with the provisions of sub-section (2):
Provided that the Commission shall, before taking any action for suo motu
withdrawal of recognition granted to the medical qualification awarded by a University
or medical institution, impose penalty in accordance with the provisions of clause (f) of
sub-section (1) of section 26.
(2) The Commission shall, after making such further inquiry as it deems fit, and
after holding consultations with the concerned State Government and the authority of
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19

the concerned University or medical institution, comes to the conclusion that the
recognition granted to a medical qualification ought to be withdrawn, it may, by order,
withdraw recognition granted to such medical qualification and direct the
Under-Graduate Medical Education Board or the Post-Graduate Medical Education
Board, as the case may be, to amend the entries against the University or medical
institution concerned in the list maintained by that Board to the effect that the recognition
granted to such medical qualification is withdrawn with effect from the date specified
in that order.
39. Where, after verification with the authority in any country outside India, the Derecognition
Commission is of the opinion that a recognised medical qualification which is included of medical
qualifications
in the list maintained by it is to be derecognised, it may, by order, derecognise such granted by
medical qualification and remove it from the list maintained by the Commission with medical
effect from the date of such order. institutions
outside India.

40. Where the Commission deems it necessary, it may, by an order published in Special
the Official Gazette, direct that any medical qualification granted by a medical institution provision in
certain cases
in a country outside India, after such date as may be specified in that notification, shall for
be a recognised medical qualification for the purposes of this Act: recognition of
medical
Provided that medical practice by a person possessing such qualification shall qualifications.
be permitted only if such person qualifies National Exit Test.

CHAPTER VII
GRANTS, AUDIT AND ACCOUNTS
41. The Central Government may, after due appropriation made by Parliament by Grants by
law in this behalf, make to the Commission grants of such sums of money as the Central Central
Government.
Government may think fit.
42. (1) There shall be constituted a fund to be called “the National Medical National
Commission Fund” which shall form part of the public account of India and there shall Medical
Commission
be credited thereto— Fund.
(a) all Government grants, fees, penalties and charges received by the
Commission and the Autonomous Boards;
(b) all sums received by the Commission from such other sources as may be
decided by it.
(2) The Fund shall be applied for making payment towards—
(a) the salaries and allowances payable to the Chairperson and Members of
the Commission, the Presidents and Members of the Autonomous Boards and
the administrative expenses including the salaries and allowances payable to the
officers and other employees of the Commission and Autonomous Boards;
(b) the expenses incurred in carrying out the provisions of this Act, including
in connection with the discharge of the functions of the Commission and the
Autonomous Boards.
43. (1) The Commission shall maintain proper accounts and other relevant records Audit and
and prepare an annual statement of accounts in such form as may be prescribed, in accounts.
consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Commission shall be audited by the Comptroller and
Auditor-General of India at such intervals as may be specified by him and any
expenditure incurred in connection with such audit shall be payable by the Commission
to the Comptroller and Auditor-General of India.
 20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(3) The Comptroller and Auditor-General of India and any other persons appointed
by him in connection with the audit of the accounts of the Commission shall have the
same rights and privileges and authority in connection with such audit as the Comptroller
and Auditor-General generally has in connection with the audit of Government accounts
and in particular, shall have the right to demand the production of, and complete access
to, records, books, accounts, connected vouchers and other documents and papers
and to inspect the office of the Commission.
(4) The accounts of the Commission as certified by the Comptroller and
Auditor-General of India or any other person appointed by him in this behalf, together
with the audit report thereon, shall be forwarded annually by the Commission to the
Central Government which shall cause the same to be laid, as soon as may be after it is
received, before each House of Parliament.
Furnishing of 44. (1) The Commission shall furnish to the Central Government, at such time, in
returns and such form and in such manner, as may be prescribed or as the Central Government may
reports to
Central
direct, such reports and statements, containing such particulars in regard to any matter
Government. under the jurisdiction of the Commission, as the Central Government may, from time to
time, require.
(2) The Commission shall prepare, once every year, in such form and at such time
as may be prescribed, an annual report, giving a summary of its activities during the
previous year and copies of the report shall be forwarded to the Central Government.
(3) A copy of the report received under sub-section (2) shall be laid by the Central
Government, as soon as may be after it is received, before each House of Parliament.

CHAPTER VIII
MISCELLANEOUS
Power of 45. (1) Without prejudice to the foregoing provisions of this Act, the Commission
Central
Government
and the Autonomous Boards shall, in exercise of their powers and discharge of their
to give functions under this Act, be bound by such directions on questions of policy as the
directions to Central Government may give in writing to them from time to time:
Commission
and Provided that the Commission and the Autonomous Boards shall, as far as
Autonomous practicable, be given an opportunity to express their views before any direction is
Boards.
given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or
not shall be final.
Power of 46. The Central Government may give such directions, as it may deem
Central necessary, to a State Government for carrying out all or any of the provisions of this
Government
to give
Act and the State Government shall comply with such directions.
directions to
State
Governments.

Information 47. (1) The Commission shall furnish such reports, copies of its minutes, abstracts
to be of its accounts, and other information to the Central Government as that Government
furnished by
Commission may require.
and
(2) The Central Government may publish, in such manner as it may think fit, the
publication
thereof. reports, minutes, abstracts of accounts and other information furnished to it under
sub-section (1).
Obligation of 48. Every University and medical institution governed under this Act shall maintain
universities a website at all times and display on its website all such information as may be required
and medical
institutions.
by the Commission or an Autonomous Board, as the case may be.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21

49. (1) Notwithstanding anything contained in this Act, any student who was Completion of
studying for a degree, diploma or certificate in any medical institution immediately courses of
studies in
before the commencement of this Act shall continue to so study and complete his medical
course for such degree, diploma or certificate, and such institution shall continue to institutions.
provide instructions and examination for such student in accordance with the syllabus
and studies as existed before such commencement, and such student shall be deemed
to have completed his course of study under this Act and shall be awarded degree,
diploma or certificate under this Act.
(2) Notwithstanding anything contained in this Act, where recognition granted
to a medical institution has lapsed, whether by efflux of time or by its voluntary surrender
or for any other reason whatsoever, such medical institution shall continue to maintain
and provide the minimum standards required to be provided under this Act till such
time as all candidates who are admitted in that medical institution complete their study.
50. (1) There shall be a joint sitting of the Commission, the Central Council of Joint sittings
Homoeopathy and the Central Council of Indian Medicine at least once a year, at such of
Commission,
time and place as they mutually appoint, to enhance the interface between Homoeopathy, Central
Indian Systems of Medicine and modern systems of medicine. Councils of
Homoeopathy
(2) The agenda for the joint sitting may be prepared with mutual agreement and Indian
between the Chairpersons of the Commission, the Central Council of Homoeopathy medicine to
and the Central Council of Indian Medicine or be prepared separately by each of them. enhance
interface
(3)The joint sitting referred to in sub-section (1) may, by an affirmative vote of all between their
members present and voting, decide on approving specific educational modules or respective
systems of
programmes that may be introduced in the undergraduate course and the postgraduate medicine.
course across medical systems and promote medical pluralism.
51. Every State Government may, for the purposes of addressing or promoting State
primary healthcare in rural area, take necessary measures to enhance the capacity of Government
to promote
the healthcare professionals.
primary
healthcare in
rural areas.

52.The Chairperson, Members, officers and other employees of the Commission Chairperson,
and the President, Members and officers and other employees of the Autonomous Members,
officers of
Boards shall be deemed, when acting or purporting to act in pursuance of any of the
Commission
provisions of this Act, to be public servants within the meaning of section 21 of the and of
45 of 1860. Indian Penal Code. Autonomous
Boards to be
public
servants.

53. No suit, prosecution or other legal proceeding shall lie against the Government, Protection of
the Commission or any Autonomous Board or a State Medical Council or any Committee action taken
in good faith.
thereof, or any officer or other employee of the Government or of the Commission
acting under this Act for anything which is in good faith done or intended to be done
under this Act or the rules or regulations made thereunder.
54. No court shall take cognizance of an offence punishable under this Act except Cognizance of
offences.
upon a complaint in writing made in this behalf by an officer authorised by the
Commission or the Ethics and Medical Registration Board or a State Medical Council,
as the case may be.
55. (1) If, at any time, the Central Government is of opinion that— Power of
Central
(a) the Commission is unable to discharge the functions and duties imposed Government
to supersede
on it by or under the provisions of this Act; or
Commission.
(b) the Commission has persistently made default in complying with any
 22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

direction issued by the Central Government under this Act or in the discharge of
the functions and duties imposed on it by or under the provisions of this Act,
the Central Government may, by notification, supersede the Commission for such period,
not exceeding six months, as may be specified in the notification:
Provided that before issuing a notification under this sub-section, the Central
Government shall give a reasonable opportunity to the Commission to show cause as
to why it should not be superseded and shall consider the explanations and objections,
if any, of the Commission.
(2) Upon the publication of a notification under sub-section (1) superseding the
Commission,—
(a) all the Members shall, as from the date of supersession, vacate their
offices as such;
(b) all the powers, functions and duties which may, by or under the
provisions of this Act, be exercised or discharged by or on behalf of the
Commission, shall, until the Commission is re-constituted under sub-section (3),
be exercised and discharged by such person or persons as the Central Government
may direct;
(c) all property owned or controlled by the Commission shall, until the
Commission is re-constituted under sub-section (3), vest in the Central
Government.
(3) On the expiration of the period of supersession specified in the notification
issued under sub-section (1), the Central Government may,—
(a) extend the period of supersession for such further term not exceeding
six months, as it may consider necessary; or
(b) re-constitute the Commission by fresh appointment and in such case
the Members who vacated their offices under clause (a) of sub-section (2) shall
not be deemed disqualified for appointment:
Provided that the Central Government may, at any time before the expiration of
the period of supersession, whether as originally specified under sub-section (1) or as
extended under this sub-section, take action under clause (b) of this sub-section.
(4) The Central Government shall cause a notification issued under
sub-section (1) and a full report of any action taken under this section and the
circumstances leading to such action to be laid before both Houses of Parliament at the
earliest opportunity.
Power to make 56. (1) The Central Government may, by notification, make rules to carry out the
rules.
purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:—
(a) the manner of appointing six Members of the Commission on rotational
basis from amongst the nominees of the States and Union territories in the Medical
Advisory Council under clause (b) of sub-section (4) of section 4;
(b) the manner of appointing five members of the Commission under
clause (c) of sub-section (4) of section 4;
(c) the manner of nominating one expert by the Central Government under
clause (c) of sub-section (1) of section 5;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23

(d) the salary and allowances payable to, and other terms and conditions of
service of the Chairperson and Members under sub-section (4) of section 6;
(e) the form and the manner of making declaration under sub-section (6) of
section 6;
(f) the qualifications and experience to be possessed by the Secretary of the
Commission under sub-section (2) of section 8;
(g) the salaries and allowances payable to, and other terms and conditions
of service of the Secretary, officers and other employees of the Commission under
sub-section (6) of section 8;
(h) the other powers and functions of the Commission under clause (j) of
sub-section (1) of section 10;
(i) the medical qualification and experience to be possessed by a member
under the second proviso to section 11;
(j) the manner of choosing part-time Members under sub-section (5) of
section 17;
(k) the salary and allowances payable to, and other terms and conditions of
service of the President and Members of an Autonomous Board under
sub-section (2), and the allowances payable to part-time Members under the
proviso thereunder, of section 19;
(l) the other factors under clause (d) of section 29;
(m) the manner of submitting a list of medical professionals under the
second proviso to sub-section (1) of section 34;
(n) the form for preparing annual statement of accounts under
sub-section (1) of section 43;
(o) the time within which, and the form and the manner in which, the reports
and statements shall be furnished by the Commission and the particulars with
regard to any matter as may be required by the Central Government under
sub-section (1) of section 44;
(p) the form and the time for preparing annual report under sub-section (2)
of section 44;
(q) any other matter in respect of which provision is to be made by rules.
57. (1) The Commission may, after previous publication, by notification, make Power to
regulations consistent with this Act and the rules made thereunder to carry out the make
regulations.
provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such regulations may provide for all or any of the following matters, namely:—
(a) the functions to be discharged by the Secretary of the Commission
under sub-section (4) of section 8;
(b) the procedure in accordance with which experts and professionals may
be engaged and the number of such experts and professionals under
sub-section (7) of section 8;
(c) the procedure to be followed at the meetings of Commission,
including the quorum at its meetings under sub-section (3) of section 9;
(d) the quality and standards to be maintained in medical education under
clause (a) of sub-section (1) of section 10;
(e) the manner of regulating medical institutions, medical researches and
medical professionals under clause (b) of sub-section (1) of section 10;
24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(f) the manner of functioning of the Commission, the Autonomous Boards

and the State Medical Councils under clause (d) of sub-section (1) of section 10;
(g) the procedure to be followed at the meetings of the Medical Advisory
Council, including the quorum at its meetings under sub-section (3) of
section 13;
(h) the other languages in which and the manner in which the National
Eligibility-cum-Entrance Test shall be conducted under sub-section (2) of
section 14;
(i) the manner of conducting common counselling by the designated
authority for admission to the undergraduate and postgraduate super-speciality
medical education under sub-section (3) of section 14;
(j) the designated authority, and the manner for conducting the National
Exit Test under sub-section (2) of section 15;
(k) the manner in which a person with foreign medical qualification shall
qualify National Exit Test under sub-section (4) of section 15;
(l) the manner in which admission to the postgraduate broad-speciality
medical education shall be made on the basis of National Exit Test under
sub-section (5) of section 15;
(m) the manner of conducting common counselling by the designated
authority for admission to the postgraduate broad-speciality medical education
under sub-section (6) of section 15;
(n) the number of, and the manner in which, the experts, professionals,
officers and other employees shall be made available by the Commission to the
Autonomous Boards under section 21;
(o) the curriculum at undergraduate level under clause (b) of sub-section (1)
of section 24;
(p) the curriculum for primary medicine, community medicine and family
medicine under clause (c) of sub-section (1) of section 24;
(q) the manner of imparting undergraduate courses by medical institutions
under clause (d) of sub-section (1) of section 24;
(r) the minimum requirements and standards for conducting courses and
examinations for undergraduates in medical institutions under clause (e) of
sub-section (1) of section 24;
(s) the standards and norms for infrastructure, faculty and quality of
education at undergraduate level in medical institutions under clause (f) of
sub-section (1) of section 24;
(t) the standards of medical education at the postgraduate level and super-
speciality level under clause (a) of sub-section (1) of section 25;
(u) the curriculum at postgraduate level and super-speciality level under
clause (b) of sub-section (1) of section 25;
(v) the manner of imparting postgraduate and super-speciality courses by
medical institutions under clause (c) of sub-section (1) of section 25;
(w) the minimum requirements and standards for conducting postgraduate
and super-speciality courses and examinations in medical institutions under
clause (d) of sub-section (1) of section 25;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25

(x) the standards and norms for infrastructure, faculty and quality of
education in medical institutions conducting postgraduate and super-speciality
medical education under clause (e) of sub-section (1) of section 25;
(y) the procedure for assessing and rating the medical institutions under
clause (a) of sub-section (1) of section 26;
(z) the manner of carrying out inspections of medical institutions for
assessing and rating such institutions under clause (c) of sub-section (1) of
section 26;
(za) the manner of conducting, and the manner of empanelling independent
rating agencies to conduct, assessment and rating of medical institutions under
clause (d) of sub-section (1) of section 26;
(zb) the manner of making available on website or in public domain the
assessment and ratings of medical institutions under clause (e) of sub-section (1)
of section 26;
(zc) the measures to be taken against a medical institution for its failure to
maintain the minimum essential standards under clause (f) of sub-section (1) of
section 26;
(zd) the manner of regulating professional conduct and promoting medical
ethics under clause (b) of sub-section (1) of section 27;
(ze) the form of scheme, the particulars thereof, the fee to be accompanied
and the manner of submitting scheme for establishing a new medical college or
for starting any postgraduate course or for increasing number of seats under
sub-section (2) of section 28;
(zf) the manner of making an appeal to the Commission for approval of the
scheme under sub-section (5) of section 28;
(zg) the areas in respect of which criteria may be relaxed under the proviso
to section 29;
(zh) the manner of taking disciplinary action by a State Medical Council for
professional or ethical misconduct of registered medical practitioner or
professional and the procedure for receiving complaints and grievances by Ethics
and Medical Registration Board, under sub-section (2) of section 30;
(zi) the act of commission or omission which amounts to professional or
ethical misconduct under clause (b) of the Explanation to section 30;
(zj) other particulars to be contained in a National Register under
sub-section (1) of section 31;
(zk) the form, including the electronic form and the manner of maintaining
the National Register under sub-section (2) of section 31;
(zl) the manner in which any name or qualification may be added to, or
removed from, the National Register and the grounds for removal thereof, under
sub-section (3) of section 31;
(zm) the form and manner in which the National Register for registering
Community Health Provider is to be maintained under sub-section (8) of
section 31;
(zn) the criteria for granting limited licence to practice medicine under
sub-section (1) of section 32;
(zo) the extent, the circumstances and the period under sub-section (2) of
section 32;
 26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(zp) the manner of listing and maintaining medical qualifications granted by

a University or medical institution in India under sub-section (1) of section 35;
(zq) the manner of examining the application for grant of recognition under
sub-section (3) of section 35;
(zr) the manner of preferring an appeal to the Commission for grant of
recognition under sub-section (5) of section 35;
(zs) the manner of including a medical qualification in the list maintained by
the Board under sub-section (6) of section 35;
(zt) the manner of listing and maintaining medical qualifications which
have been granted recognition before the date of commencement of this Act
under sub-section (8) of section 35.
Rules and 58. Every rule and every regulation made, and every notification issued, under
regulations to this Act shall be laid, as soon as may be after it is made, before each House of Parliament,
be laid before while it is in session, for a total period of thirty days which may be comprised in one
Parliament.
session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or regulation or notification; both Houses
agree that the rule or regulation or notification should not be made, the rule or regulation
or notification shall thereafter have effect only in such modified form or be of no effect,
as the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule or regulation
or notification.
Power to 59. (1) If any difficulty arises in giving effect to the provisions of this Act, the
remove
difficulties.
Central Government may, by order published in the Official Gazette, make such
provisions not inconsistent with the provisions of this Act, as may appear to it to be
necessary, for removing the difficulty:
Provided that no order shall be made under this section after the expiry of a
period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
Repeal and 60. (1) With effect from such date as the Central Government may appoint in this
saving. behalf, the Indian Medical Council Act, 1956 shall stand repealed and the Medical 102 of 1956.
Council of India constituted under sub-section (1) of section 3 of the said Act shall
stand dissolved.
(2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall
not affect,—
(a) the previous operation of the Act so repealed or anything duly done or
suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred
under the Act so repealed; or
(c) any penalty incurred in respect of any contravention under the Act so
repealed; or
(d) any proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty as aforesaid, and any such proceeding or remedy
may be instituted, continued or enforced, and any such penalty may be imposed
as if that Act had not been repealed.
(3) On the dissolution of the Medical Council of India, the person appointed as
the Chairman of the Medical Council of India and every other person appointed as the
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27

Member and any officer and other employee of that Council and holding office as such
immediately before such dissolution shall vacate their respective offices and such
Chairman and other Members shall be entitled to claim compensation not exceeding
three months' pay and allowances for the premature termination of term of their office
or of any contract of service:
Provided that any officer or other employee who has been, immediately before
the dissolution of the Medical Council of India appointed on deputation basis to the
Medical Council of India, shall, on such dissolution, stand reverted to his parent cadre,
Ministry or Department, as the case may be:
Provided further that any officer or other employee who has been, immediately
before the dissolution of the Medical Council of India, employed on regular or contractual
basis by the Medical Council of India, shall, on and from such dissolution, cease to be
the officer or employee of the Medical Council of India and his employment in the
Medical Council of India stand terminated with immediate effect:
Provided also that such officer or employee of the Medical Council of India shall
be entitled to such compensation for the premature termination of his employment,
which shall not be less than three months' pay and allowances, as may be prescribed.
(4) Notwithstanding the repeal of the aforesaid enactment, any order made, any
licence to practice issued, any registration made, any permission to start new medical
college or to start higher course of studies or for increase in the admission capacity
granted, any recognition of medical qualifications granted, under the Indian Medical
102 of 1956. Council Act, 1956, which are in force as on the date of commencement of this Act, shall
continue to be in force till the date of their expiry for all purposes, as if they had been
issued or granted under the provisions of this Act or the rules or regulations made
thereunder.
61. (1) The Commission shall be the successor in interest to the Medical Council Transitory
provisions.
of India including its subsidiaries or owned trusts and all the assets and liabilities of
the Medical Council of India shall be deemed to have been transferred to the Commission.
102 of 1956. (2) Notwithstanding the repeal of the Indian Medical Council Act, 1956, the
educational standards, requirements and other provisions of the Indian Medical Council
Act, 1956 and the rules and regulations made thereunder shall continue to be in force
and operate till new standards or requirements are specified under this Act or the rules
and regulations made thereunder:
Provided that anything done or any action taken as regards the educational
standards and requirements under the enactment under repeal and the rules and
regulations made thereunder shall be deemed to have been done or taken under the
corresponding provisions of this Act and shall continue in force accordingly unless
and until superseded by anything done or by any action taken under this Act.
 28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

THE SCHEDULE
[See section 37]
LIST OF CATEGORIES OF MEDICAL QUALIFICATIONS GRANTED BY
STATUTORY BODY OR OTHER BODY IN INDIA
Sl. No. Categories of medical qualifications
1. All medical qualifications granted by the Jawaharlal Institute of Postgraduate Medical
Education and Research, Puducherry.
2. All medical qualifications granted by All India Institutes of Medical Sciences.
3. All medical qualifications granted by the Postgraduate Institute of Medical Education
and Research, Chandigarh.
4. All medical qualifications granted by the National Institute of Mental Health and
Neuro-Sciences, Bangalore.
5. All medical qualifications granted by the National Board of Examination.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. Digitally signed by
BANSHI BANSHI DHAR
MGIPMRND—2590GI(S3)—08-08-2019. DHAR DUBEY
Date: 2019.08.08
DUBEY 23:09:20 +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 57] ubZ fnYyh] eaxyokj] vxLr 13] 2019@ Jko.k 22] 1941 ¼'kd½
No. 57] NEW DELHI, TUESDAY, AUGUST 13, 2019/SHRAVANA 22, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 13th August, 2019/Shravana 22, 1941 (Saka)

CORRIGENDA
THE NATIONAL MEDICAL COMMISSION ACT, 2019
NO. 30 OF 2019
In the National Medical Commission Act, 2019 (30 of 2019) published in the Gazette
of India, Extraordinary, Part II, Section 1, Issue No. 49, dated the 8th August, 2019,—

Page No. Line(s) No. For Read

16. 14 “section 32” “section 31”

22. 39 “six” “ten”
22. 42 “five” “nine”
23. 22 “second” “first”

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
BANSHI Digitally signed by BANSHI
DHAR DUBEY
DHAR Date: 2019.08.13 22:22:13

MGIPMRND—2630GI — 13-08-2019.
+05'30'
DUBEY
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 50] ubZ fnYyh] c`gLifrokj] vxLr 8] 2019@ Jko.k 17] 1941 ¼'kd½
No. 50] NEW DELHI, THURSDAY, AUGUST 8, 2019/SHRAVANA 17, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 8th August, 2019/Shravana 17, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
8th August, 2019, and is hereby published for general information:—

THE REPEALING AND AMENDING ACT, 2019

NO. 31 OF 2019
[8th August, 2019.]
An Act to repeal certain enactments and to amend certain other enactments.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

1. This Act may be called the Repealing and Amending Act, 2019. Short title.

2. The enactments specified in the First Schedule are hereby repealed. Repeal of
certain
enactments.
3. The enactments specified in the Second Schedule are hereby amended to the extent Amendment
and in the manner specified in the fourth column thereof. of certain
enactments.

4. The repeal by this Act of any enactment shall not affect any other enactment in Savings.
which the repealed enactment has been applied, incorporated or referred to;
and this Act shall not affect the validity, invalidity, effect or consequences of anything
already done or suffered, or any right, title, obligation or liability already acquired, accrued or
incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or
from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted,
or the proof of any past act or thing;
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or
course of pleading, practice or procedure, or existing usage, custom, privilege, restriction,
exemption, office or appointment, notwithstanding that the same respectively may have
been in any manner affirmed or recognised or derived by, in or from any enactment hereby
repealed;
nor shall the repeal by this Act of any enactment revive or restore any jurisdiction,
office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure
or other matter or thing not now existing or in force.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

THE FIRST SCHEDULE

(See section 2)
REPEALS

Year Act No. Short Title

1 2 3

1850 XII The Public Accountants' Defaults Act, 1850.

1881 XI The Municipal Taxation Act, 1881.
1892 X The Government Management of Private Estates Act, 1892.
1956 69 The Terminal Tax on Railway Passengers Act, 1956.
1958 56 The Himachal Pradesh Legislative Assembly (Constitution and
Proceedings) Validation Act, 1958.
1960 22 The Cotton Transport (Amendment) Act, 1960.
1963 1 The Hindi Sahitya Sammelan (Amendment) Act, 1963.
1963 35 The Dramatic Performances (Delhi Repeal) Act, 1963.
1964 10 The Public Employment (Requirement as to Residence) Amendment
Act, 1964.
1968 49 The Delhi and Ajmer Rent Control (Nasirabad Cantonment Repeal)
Act, 1968.
1973 56 The Alcock Ashdown Company Limited (Acquisition of Undertakings)
Act, 1973.
1976 55 The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour
Welfare Cess Act, 1976.
1976 61 The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour
Welfare Fund Act, 1976.
1976 62 The Beedi Workers Welfare Fund Act, 1976.
1980 68 The Tea (Amendment) Act, 1980.
1981 62 The Aligarh Muslim University (Amendment) Act, 1981.
1982 63 The Road Transport Corporations (Amendment) Act, 1982.
1983 41 The Transformers and Switchgear Limited (Acquisition and Transfer of
Undertakings) Act, 1983.
1988 22 The Tamil Nadu Agricultural Service Co-operative Societies (Appointment
of Special Officers) Amendment Act, 1988.
1999 3 The High Denomination Bank Notes (Demonetisation) Amendment
Act, 1998.
2001 39 The Motor Vehicles (Amendment) Act, 2001.
2001 48 The Registration and Other Related Laws (Amendment) Act, 2001.
2002 16 The Institutes of Technology (Amendment) Act, 2002.
2002 43 The Delhi University (Amendment) Act, 2002.
2007 3 The Dalmia Dadri Cement Limited (Acquisition and Transfer of
Undertakings) Amendment Act, 2006.
2007 28 The Central Road Fund (Amendment) Act, 2007.
2009 21 The Prevention of Money-laundering (Amendment) Act, 2009.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

1 2 3
2009 22 The Central Industrial Security Force (Amendment) Act, 2009.
2009 38 The Central Universities (Amendment) Act, 2009.
2010 3 The Civil Defence (Amendment) Act, 2009.
2011 6 The Repatriation of Prisoners (Amendment) Act, 2011.
2011 14 The Customs (Amendment and Validation) Act, 2011.
2012 28 The National Institutes of Technology (Amendment) Act, 2012.
2012 34 The Institutes of Technology (Amendment) Act, 2012.
2014 8 The Governors (Emoluments, Allowances and Privileges) Amendment
Act, 2014.
2014 9 The National Institute of Technology, Science Education and Research
(Amendment) Act, 2014.
2014 19 The Andhra Pradesh Reorganisation (Amendment) Act, 2014.
2014 20 The Telecom Regulatory Authority of India (Amendment) Act, 2014.
2014 31 The Merchant Shipping (Amendment) Act, 2014.
2014 32 The Merchant Shipping (Second Amendment) Act, 2014.
2014 39 The National Capital Territory of Delhi Laws (Special Provisions) Second
(Amendment) Act, 2014.
2015 2 The Public Premises (Eviction of Unauthorised Occupants) Amendment
Act, 2015.
2015 3 The Motor Vehicles (Amendment) Act, 2015.
2015 5 The Insurance Laws (Amendment) Act, 2015.
2015 10 The Mines and Minerals (Development and Regulation) Amendment
Act, 2015.
2015 12 The Andhra Pradesh Reorganisation (Amendment) Act, 2015.
2015 14 The Regional Rural Banks (Amendment) Act, 2015.
2015 16 The Warehousing Corporations (Amendment) Act, 2015.
2015 21 The Companies (Amendment) Act, 2015.
2016 10 The Election Laws (Amendment) Act, 2016.
2016 13 The High Court and the Supreme Court Judges (Salaries and Conditions
of Service) Amendment Act, 2016.
2016 25 The Mines and Minerals (Development and Regulation) Amendment
Act, 2016.
2016 42 The National Institute of Technology, Science Education and Research
(Amendment) Act, 2016.
2016 45 The Central Agricultural University (Amendment) Act, 2016.
2016 48 The Taxation Laws (Second Amendment) Act, 2016.
2017 19 The National Institute of Technology, Science Education and Research
(Amendment) Act, 2017.
2017 21 The Collection of Statistics (Amendment) Act, 2017.
2017 25 The Indian Institutes of Information Technology (Amendment) Act, 2017.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

THE SECOND SCHEDULE

(See section 3)
AMENDMENTS
Year Act No. Short title Amendments

1 2 3 4
1961 43 The Income-tax Act, 1961 In section 54GA, in the Explanation to
sub-section (1), in clause (a), after the word,
brackets, letters "clause (za)", the words
and figure "of section 2" shall be inserted.
2017 33 The Indian Institutes of (i) in section 3, in clause (f), for the words
Management Act, 2017 '"Director", means’, the words '"Director"
means’ shall be substituted;
(ii) in section 36, in sub-section (1), for the
word "Ordinance", the word "Ordinances"
shall be substituted.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
BANSHI Digitally signed by
BANSHI DHAR DUBEY
DHAR
MGIPMRND—2591GI(S3)—08-08-2019. DUBEY
Date: 2019.08.08
23:11:35 +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

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EXTRAORDINARY
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PART II — Section 1
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PUBLISHED BY AUTHORITY
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No. 51] NEW DELHI, FRIDAY, AUGUST 9, 2019/SHRAVANA 18, 1941 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 9th August, 2019/Shravana 18, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
9th August, 2019, and is hereby published for general information:—

THE MOTOR VEHICLES (AMENDMENT) ACT, 2019

NO. 32 OF 2019
[9th August, 2019.]
An Act further to amend the Motor Vehicles Act, 1988.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Motor Vehicles (Amendment) Act, 2019. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint and different dates may be appointed for different provisions
of this Act and any reference in any such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.
59 of 1988. 2. In the Motor Vehicles Act, 1988 (hereinafter referred to as the principal Act), in Amendment
section 2,— of section 2.

(i) for clause (1), the following clauses shall be substituted, namely:—
‘(1) “adapted vehicle” means a motor vehicle either specially designed
and constructed, or to which alterations have been made under sub-section (2)
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

of section 52, for the use of a person suffering from any physical defect or
disability, and used solely by or for such person;
(1A) “aggregator” means a digital intermediary or market place for a
passenger to connect with a driver for the purpose of transportation;
(1B) “area”, in relation to any provision of this Act, means such area as the
State Government may, having regard to the requirements of that provision,
specify by notification in the Official Gazette;’;
(ii) after clause (4), the following clause shall be inserted, namely:—
‘(4A) “community service” means an unpaid work which a person is required
to perform as a punishment for an offence committed under this Act;’;
(iii) after clause (9), the following clause shall be inserted, namely:—
‘(9A) “driver refresher training course” means the course referred to in
sub-section (2A) of section 19;’;
(iv) after clause (12), the following clause shall be inserted, namely:—
‘(12A) “golden hour” means the time period lasting one hour following a
traumatic injury during which there is highest likelihood of preventing death by
providing prompt medical care;’;
(v) clause (18) shall be omitted;
(vi) in clause (24), for the words “invalid carriage”, the words “adapted vehicle”
shall be substituted;
(vii) in clause (26), for the words “invalid carriage”, the words “adapted vehicle”
shall be substituted;
(viii) after clause (38), the following clause shall be inserted, namely:—
‘(38A) “scheme” means a scheme framed under this Act;’;
(ix) after clause (42), the following clause shall be inserted, namely:—
‘(42A) “testing agency” means any entity designated as a testing agency
under section 110B;’;
(x) in clause (49), after the word "rests", the words "or moves" shall be inserted.
Insertion of 3. After section 2A of the principal Act, the following section shall be inserted,
new section
2B.
namely:—
Promotion of “2B. Notwithstanding anything contained in this Act and subject to such
innovation. conditions as may be prescribed by the Central Government, in order to promote
innovation, research and development in the fields of vehicular engineering,
mechanically propelled vehicles and transportation in general, the Central Government
may exempt certain types of mechanically propelled vehicles from the application of
the provisions of this Act.”.
Amendment 4. In section 8 of the principal Act,—
of section 8.
(i) in sub-section (1), for the words “the licensing authority having jurisdiction
in the area”, the words “any of the licensing authority in the State” shall be substituted;
(ii) in sub-section (2), for the words “and with such fee”, the words “with such
fee and submit in such manner, including electronic means” shall be substituted;
(iii) in sub-section (3),—
(a) after the word “application”, the words “to drive a transport vehicle
made” shall be inserted;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(b) the proviso shall be omitted;

(iv) in sub-section (4), in the proviso, for the words “invalid carriage”, the words
“adapted vehicle” shall be substituted;
(v) in sub-section (5), for the words “passes to the satisfaction of the licensing
authority such test”, the words “satisfies such conditions” shall be substituted;
(vi) in sub-section (6), after the proviso, the following provisos shall be inserted,
namely:—
“Provided further that a licencing authority may issue a learner’s licence in
electronic form and such manner as may be prescribed by the Central
Government.:
Provided also that the licensing authority may, before issuing the license,
verify the identity of the applicant in such manner as may be prescribed by the
Central Government.”.
5. In section 9 of the principal Act,— Amendment
of section 9.
(i) in sub-section (1), for the words “the licensing authority having jurisdiction
in the area”, the words “any licensing authority in the State” shall be substituted;
(ii) in sub-section (3), for the second proviso, the following proviso shall be
substituted, namely:—
“Provided further that a driving licence for driving an adapted vehicle may
be issued to the applicant, if the licensing authority is satisfied that he is fit to
drive such motor vehicle.”;
(iii) in sub-section (4), the words “such minimum educational qualification as
may be prescribed by the Central Government and” shall be omitted;
(iv) in sub-section (5), in the proviso, after the words “last such test”, the words
and figures “and such applicant shall be required to complete a remedial driver training
course from any school or establishment under section 12” shall be inserted.
6. In section 10 of the principal Act, in sub-section (2), in clause (c), for the words Amendment
“invalid carriage”, the words “adapted vehicle” shall be substituted. of section 10.

7. In section 11 of the principal Act,— Amendment

of section 11.
(i) in sub-section (1), for the words “the licensing authority having jurisdiction
in the area”, the words “any licensing authority in the State” shall be substituted;
(ii) in sub-section (2), the following proviso shall be inserted, namely:—
“Provided that the licensing authority may, before issuing the license
verify the identity of the applicant in such manner as may be prescribed by the
Central Government.”.
8. In section 12 of the principal Act, after sub-section (4), the following sub-sections Amendment
shall be inserted, namely:— of section 12.

“(5) Notwithstanding anything contained in any other provision, where any

school or establishment has been accredited by a body notified by the Central
Government under any other law for the time being in force, any person who has
successfully completed a training module at such school or establishment covering a
particular type of motor vehicle shall be eligible to obtain a driving licence for such
type of motor vehicle.
(6) The curriculum of the training module referred to in sub-section (5) and the
remedial driver training course referred to in sub-section (5) of section 9 shall be such
as may be prescribed by the Central Government and that Government may make rules
for the regulation of such schools or establishments.”.
 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 9. In section 14 of the principal Act, in sub-section (2),—

of section 14.
(i) in clause (a),—
(A) for the words “three years”, the words “five years” shall be substituted;
(B) in the proviso, for the portion beginning with the words “one year”
and ending with the word “and” the words “three years and renewal thereof
shall be subject to such conditions as the Central Government may prescribe;
and”, shall be substituted;
(ii) for clause (b), the following clause shall be substituted, namely:—
“(b) in the case of any other licence, subject to such conditions as the
Central Government may prescribe, if the person obtaining the licence, either
originally or on renewal thereof,—
(i) has not attained the age of thirty years on the date of issue or,
renewal thereof, be effective until the date on which such person attains
the age of forty years; or
(ii) has attained the age of thirty years but has not attained the age
of fifty years on the date of issue or, renewal thereof, be effective for a
period of ten years from the date of such issue or renewal; or
(iii) has attained the age of fifty years but has not attained the
age of fifty-five years on the date of issue or, renewal thereof, be
effective until the date on which such person attains the age of sixty
years; or
(iv) has attained the age of fifty-five years on the date of issue or as
the case may be, renewal thereof, be effective for a period of five years
from the date of such issue or renewal.”;
(iii) the proviso shall be omitted.
Amendment 10. In section 15 of the principal Act,—
of section 15.
(i) in sub-section (1), in the first proviso, for the words “more than thirty days”,
the words “either one year prior to date of its expiry or within one year” shall be
substituted;
(ii) in sub-section (3), for the words “thirty days”, the words “one year” shall be
substituted; and
(iii) in sub-section (4),—
(a) for the words “thirty days”, the words “one year” shall be substituted;
and
(b) in the second proviso for the words “five years after the driving license
has ceased to be effective, the licensing authority may”, the words “one year
after the driving licence has ceased to be effective, the licensing authority shall”
shall be substituted.
Amendment 11. In section 19 of the principal Act,—
of section 19.
(i) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) Where a licence has been forwarded to the licensing authority under
sub-section (4) of section 206, the licensing authority, if satisfied after giving the
holder of the driving licence an opportunity of being heard, may either discharge
the holder of a driving licence or, it may for detailed reasons recorded in writing,
make an order disqualifying such person from holding or obtaining any licence
to drive all or any class or description of vehicles specified in the licence—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

(a) for a first offence, for a period of three months;

(b) for a second or subsequent offence, with revocation of the driving
licence of such person:
Provided that where a driving licence is revoked under this section,
the name of the holder of such driving licence may be placed in the public
domain in such manner as may be prescribed by the Central Government.”;
(ii) in sub-section (2),––
(a) after the word, brackets and figure “sub-section (1)”, the words,
brackets, figure and letter “or sub-section (1A)” shall be inserted;
(b) for the proviso, the following proviso shall be substituted, namely:—
“Provided that the driving licence shall be returned to the holder at
the end of the period of disqualification only if he successfully completes
the driver refresher training course.”;
(iii) after sub-section (2), the following sub-sections shall be inserted, namely:—
“(2A) The licence holder whose licence has been suspended shall undergo
the driver refresher training course from a school or establishment licenced and
regulated under section 12 or such other agency, as may be notified by the
Central Government.
(2B) The nature, syllabus and duration of the driver refresher training
course shall be such as may be prescribed by the Central Government.”;
(iv) in sub-section (3), after the word, brackets and figure “sub-section (1)”, the
words, brackets, figure and letter “or sub-section (1A)” shall be inserted.
12. After section 25 of the principal Act, the following section shall be inserted, Insertion of
namely:— new section
25A.

“25A. (1) The Central Government shall maintain a National Register of Driving National
Licences in such form and manner as may be prescribed. Register of
Driving
(2) All State Registers of Driving Licences shall be subsumed under the National Licences.
Register of Driving Licences by a date to be notified by the Central Government.
(3) No driving licence issued, or renewed, under this Act shall be valid unless it
has been issued a unique driving licence number under the National Register of Driving
Licences.
(4) All State Governments and licensing authorities under this Act shall transmit
all information including contained data in the State Register of Driving Licences in
such form and manner as may be prescribed by the Central Government.
(5) The State Governments shall be entitled to access the National Register and
update their records in such manner as may be prescribed by the Central Government.”.
13. For section 26 of the principal Act, the following section shall be substituted, Substitution of
namely:— new section
for section 26.

“26. Each State Government shall maintain, in such form as may be prescribed by Maintenance
the Central Government, a register to be known as the State Register of Driving Licences, of State
Registers of
in respect of driving licences issued and renewed by the licensing authorities of the Driving
State Government, containing particulars, including–– Licences.

(a) names and addresses of holders of driving licences;

(b) licence numbers;
 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(c) dates of issue or renewal of licences;

(d) dates of expiry of licences;
(e) classes and types of vehicles authorised to be driven; and
(f) such other particulars as the Central Government may prescribe.”.
Amendment 14. In section 27 of the principal Act,—
of section 27.
(i) after clause (d), the following clauses shall be inserted, namely:—
“(da) the form and manner in which a licensing authority may issue a
learner’s licence under sub-section (6) of section 8;
(db) the manner in which a licensing authority may verify the identity of
the applicant under the third proviso to sub-section (6) of section 8;”;
(ii) after clause (j), the following clauses shall be inserted, namely:—
“(ja) the curriculum of training modules and the regulation of schools and
establishments under sub-section (6) of section 12;
(jb) the conditions for the renewal of licence to drive transport vehicles
carrying goods of dangerous or hazardous nature and other motor vehicles
under clause (a) and clause (b) of sub-section (2) of section 14;
(jc) the manner in which a licensing authority may verify the identity of the
applicant under the third proviso to sub-section (2) of section 11;”;
(iii) after clause (n), the following clauses shall be inserted, namely:—
“(na) the manner of placing in the public domain of the name of the licence
holder as referred to in sub-section (1A) of section 19;
(nb) providing for the nature, syllabus and duration of the driver refresher
training course as referred to in sub-section (2B) of section 19;”;
(iv) after clause (o), the following clause shall be inserted, namely:—
“(oa) all or any of the matters referred to in section 25A;”;
(v) in clause (p), the words, brackets and figure “sub-section (1) of” shall be
omitted.
Amendment 15. In section 28 of the principal Act, in sub-section (2), clause (j) shall be omitted.
of section 28.

Amendment 16. In section 40 of the principal Act, for the words “a registering authority”, the words
of section 40. “any registering authority in the State” shall be substituted.
Amendment 17. In section 41 of the principal Act,––
of section 41.
(i) in sub-section (1), after the proviso, the following proviso shall be inserted,
namely:—
“Provided further that in the case of a new motor vehicle, the application
for registration in the State shall be made by the dealer of such motor vehicle, if
the new motor vehicle is being registered in the same State in which the dealer is
situated.”;
(ii) in sub-section (3),––
(a) for the words “to the owner of a motor vehicle registered by it a
certificate of registration”, the words “a certificate of registration in the name of
the owner” shall be substituted;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

(iii) in sub-section (6), the following proviso shall be inserted, namely:—

“Provided that in case of a new motor vehicle, the application for the
registration of which is made under the second proviso to sub-section (1), such
motor vehicle shall not be delivered to the owner until such registration mark is
displayed on the motor vehicle in such form and manner as may prescribed by
the Central Government.”;
(iv) in sub-section (7),—
(a) the words “other than a transport vehicle” shall be omitted; and
(b) after the words “date of issue of such certificate”, the words “or for
such period as may be prescribed by the Central Government” shall be inserted;
(v) in sub-section (8), the words “other than a transport vehicle,” shall be omitted;
(vi) in sub-section (10),—
(a) for the words “for a period of five years”, the words “for such period,
as may be prescribed by the Central Government” shall be substituted;
(b) the following proviso shall be inserted, namely:—
“Provided that the Central Government may prescribe different period
of renewal for different types of motor vehicles.”;
(vii) sub-sections (11), (12) and (13) shall be omitted.
18. For section 43 of the principal Act, the following section shall be substituted, Substitution of
namely:— new section
for section 43.

“43. Notwithstanding anything contained in section 40, the owner of a motor Temporary
vehicle may apply to any registering authority or other authority as may be prescribed Registration.
by the State Government to have the motor vehicle temporarily registered and such
authority shall issue a temporary certificate of registration and temporary registration
mark in accordance with such rules as may be made by the Central Government:
Provided that the State Government may register a motor vehicle that plies,
temporarily, within the State and issue a certificate of registration and registration mark
for a period of one month in such manner as may be prescribed by the State
Government.”.
19. For section 44 of the principal Act, the following section shall be substituted, Substitution of
namely:— new section
for section 44.

“44. (1) Subject to such terms and conditions as may be prescribed by the Production of
Central Government in this behalf, a motor vehicle sold by an authorised dealer shall vehicle at the
time of
not require production before a registering authority for the purposes of registration registration.
for the first time.
(2) Subject to such terms and conditions as may be prescribed by the State
Government, a person in whose name a certificate of registration has been issued shall
not be required to produce the vehicle registered or transferred before a registering
authority.”.
20. In section 49 of the principal Act,— Amendment
of section 49.
(i) in sub-section (1), for the words “registering authority, to that other registering
authority”, the words “State, to any registering authority in that State” shall be substituted;
(ii) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) The intimation under sub-section (1) may be sent to the appropriate
registering authority in electronic form along with the electronic form of such
 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

documents, including proof of authentication in such manner as may be

prescribed by the Central Government.”;
(iii) in sub-section (2), for the words “one hundred rupees”, the words “five
hundred rupees” shall be substituted.
Amendment 21. In section 52 of the principal Act,—
of section 52.
(i) in sub-section (1), for the second proviso, the following proviso shall be
substituted, namely:—
“Provided further that the Central Government may prescribe
specifications, conditions for approval, retrofitment and other related matters
for the alteration of motor vehicles and in such cases, the warranty granted by
the manufacturer shall not be considered as void for the purposes of such
alteration or retrofitment.”;
(ii) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) A manufacturer of a motor vehicle shall on the direction issued by
the Central Government, alter or retrofit safety equipment, or any other equipment
in accordance with such standards and specifications as may be specified by
the Central Government.”;
(iii) for sub-section (2), the following sub-section shall be substituted, namely:—
“(2) Notwithstanding anything contained in sub-section (1), any person
may, with the subsequent approval of the registering authority, alter or cause to
be altered any vehicle owned by him to be converted into an adapted vehicle:
Provided that such alteration complies with such conditions as may be
prescribed by the Central Government.”;
(iv) in sub-section (3), the words, brackets and figure “or by reason of replacement
of its engine without such approval under sub-section (2)” shall be omitted.
Amendment 22. In section 55 of the principal Act, after sub-section (5), the following sub-section
of section 55. shall be inserted, namely:—
“(5A) If any registering authority or other prescribed authority has reason to
believe that any motor vehicle within its jurisdiction has been used in the commission
of an offence punishable under section 199A, the authority may, after giving the owner
an opportunity of making a representation in writing, cancel the certificate of registration
of the vehicle for a period of one year:
Provided that the owner of the motor vehicle may apply for fresh registration in
accordance with the provisions of section 40 and section 41.".
Amendment 23. In section 56 of the principal Act,—
of section 56.
(i) in sub-section (1), after the proviso, the following proviso shall be inserted,
namely:—
“Provided further that no certificate of fitness shall be granted to a vehicle,
after such date as may be notified by the Central Government, unless such
vehicle has been tested at an automated testing station.”;
(ii) for sub-section (2), the following sub-section shall be substituted, namely:—
“(2) The “authorised testing station” referred to in sub-section (1) means
any facility, including automated testing facilities, authorised by the State
Government, where fitness testing may be conducted in accordance with the
rules made by the Central Government for recognition, regulation and control of
such stations.”;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

(iii) in sub-section (4), for the proviso, the following provisos shall be substituted,
namely:—
“Provided that no such cancellation shall be made by the prescribed
authority unless,—
(a) such prescribed authority holds such technical qualification as
may be prescribed by the Central Government and where the prescribed
authority does not hold the technical qualification, such cancellation is
made on the basis of the report of an officer having such qualification; and
(b) the reasons recorded in writing cancelling a certificate of fitness
are confirmed by an authorised testing station chosen by the owner of the
vehicle whose certificate of fitness is sought to be cancelled:
Provided further that if the cancellation is confirmed by the authorised
testing station, the cost of undertaking the test shall be borne by the owner of
the vehicle being tested and in the alternative by the prescribed authority.”;
(iv) after sub-section (5), the following sub-sections shall be inserted, namely:—
“(6) All transport vehicles with a valid certificate of fitness issued under
this section shall carry, on their bodies, in a clear and visible manner such
distinguishing mark as may be prescribed by the Central Government.
(7) Subject to such conditions as the Central Government may prescribe,
the provisions of this section may be extended to non-transport vehicles.”.
24. In section 59 of the principal Act, after sub-section (3), the following sub-section Amendment
shall be inserted, namely:— of section 59.

“(4) The Central Government may, having regard to the public safety,
convenience, protection of the environment and the objects of this Act, make rules
prescribing the manner of recycling of motor vehicles and parts thereof which have
exceeded their life.”.
25. After section 62 in the principal Act, the following sections shall be inserted, Insertion of
namely:— new sections
62A and 62B.

“62A. (1) No registering authority shall register any motor vehicle that Prohibition of
contravenes any rule made under clause (a) of sub-section (1) of section 110. registration
and issuance
(2) No prescribed authority or authorised testing station shall issue a certificate of certificate
of fitness to
of fitness under section 56 to any motor vehicle that contravenes any rule made under
oversized
section 110. vehicles.
62B. (1) The Central Government shall maintain a National Register of Motor National
Vehicles in such form and manner as may be prescribed by it: Register of
Motor
Provided that all State Registers of Motor Vehicles shall be subsumed under the Vehicles.
National Register of Motor Vehicles by such date as may be notified in the Official
Gazette by the Central Government.
(2) No certificate of registration issued, or renewed, under this Act shall be valid
unless it has been issued a unique registration number under the National Register of
Motor Vehicles.
(3) In order to maintain the National Register of Motor Vehicles, all State
Governments and registering authorities under this Act shall transmit all information
and data in the State Register of Motor Vehicles to the Central Government in such
form and manner as may be prescribed by the Central Government.
 10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(4) State Governments shall be able to access the National Register of Motor
Vehicles and update records in accordance with the provisions of this Act and the
rules made by the Central Government thereunder.”.
Substitution of 26. For section 63 of the principal Act, the following section shall be substituted,
new section namely:—
for section 63.

Maintenance “63. Each State Government shall maintain in such form as may be prescribed by
of State the Central Government a register to be known as the State Register of Motor Vehicles,
Registers of
motor
in respect of the motor vehicles in that State, containing the particulars including—
vehicles. (a) registration numbers;
(b) years of manufacture;
(c) classes and types;
(d) names and addresses of registered owners; and
(e) such other particulars as may be prescribed by the Central Government.”.
Amendment 27. In section 64 of the principal Act,—
of section 64.
(i) after clause (d), the following clause shall be inserted, namely:—
“(da) providing for the period of validity of a certificate of registration
under sub-section (7) of section 41;”;
(ii) after clause (e), the following clause shall be inserted, namely:—
“(ea) the period of renewal of certificate of registration of different types
of motor vehicles under sub-section (10) of section 41;”;
(iii) after clause (f), the following clauses shall be inserted, namely:—
“(fa) the issue of temporary certificate of registration and temporary
registration mark under section 43;
(fb) the terms and conditions under which a motor vehicle sold by an
authorised dealer shall not require production before a registering authority
under sub-section (1) of section 44;”;
(iv) after clause (j), the following clause shall be inserted, namely:—
“(ja) the form and manner for the electronic submission of the intimation
of change of address, documents to be submitted along with such intimation
including proof of authentication under sub-section (1A) of section 49;”;
(v) after clause (l), the following clauses shall be inserted, namely:—
“(la) specifications, conditions for approval, retrofitment and other related
matters for the alteration of motor vehicles under sub-section (1) of section 52;
(lb) the conditions for the alteration of any motor vehicle into an adapted
vehicle under sub-section (2) of section 52;”;
(vi) after clause (n), the following clauses shall be inserted, namely:—
“(na) the distinguishing mark to be carried on the body of transport vehicles
under sub-section (6) of section 56;
(nb) the conditions under which the application of section 56 may be
extended to non-transport vehicles under sub-section (7) of section 56;
(nc) the recycling of motor vehicles and parts thereof which have exceeded
their life under sub-section (4) of section 59;”;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

(vii) after clause (o), the following clauses shall be inserted, namely:—
“(oa) all or any of the matters under sub-section (1) of section 62B;
(ob) all or any of the matters under sub-section (1) and sub-section (2) of
section 63;”.
28. In section 65 of the principal Act, in sub-section (2),— Amendment
of section 65.
(i) in clause (f), after the word “marks”, the words and figures “under the proviso
to section 43” shall be inserted;
(ii) clause (o) shall be omitted.
29. In section 66 of the principal Act,–– Amendment
of section 66.
(i) in sub-section (1), after the third proviso, the following proviso shall be
inserted, namely:—
“Provided also that where a transport vehicle has been issued any permit
or permits, as well as a licence under this Act, such vehicle may be used either
under the permit, or permits, so issued to it, or under such licence, at the discretion
of the vehicle owner.”;
(ii) in sub-section (3), after clause (p), the following clause shall be inserted,
namely:—
“(q) to any transport vehicle having been issued a licence under a scheme,
under sub-section (3) of section 67 or sub-section (1) of section 88A, or plying
under such orders as may be issued by the Central Government or by the State
Government.”.
30. After section 66 of the principal Act, the following sections shall be inserted, Insertion of
namely:–– new sections
66A and 66B.

“66A. The Central Government may develop a National Transportation Policy National
consistent with the objects of this Act in concurrence with the State Governments and Transportation
Policy.
other agencies with a view to—
(i) establish a planning framework for passengers and goods transportation
within which transport bodies are to operate;
(ii) establish a medium and long term planning framework for all forms of
road transport, identify areas for the development of transport improvement
infrastructure across India in consultation with the authorities and agencies
related to ports, railways and aviation as well as with local and State level planning,
land holding and regulatory authorities for the delivery of an integrated
multimodal transport system;
(iii) establish the framework of grant of permits and schemes;
(iv) establish strategic policy for transport by road and its role as a link to
other means of transport;
(v) identify strategic policies and specify priorities for the transport system
that address current and future challenges;
(vi) provide medium to long term strategic directions, priorities and actions;
(vii) promote competition, innovation, increase in capacity, seamless
mobility and greater efficiency in transport of goods or livestock or passengers,
and economical use of resources;
(viii) safeguard the interest of the public and promote equity, while seeking to
enhance private participation and public-private partnership in the transport sector;
 12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(ix) demonstrate an integrated approach to transport and land use

planning;
(x) identify the challenges that the National Transportation Policy seeks
to address; and
(xi) address any other matter deemed relevant by the Central Government.
No bar against 66B. No person who holds the permit issued under this Act shall—
permit holders
to apply and (a) be disqualified from applying for a licence under the scheme made
hold licences under sub-section (3) of section 67 or sub-section (1) of section 88A by reason
under of holding such permit; and
schemes.
(b) be required to get such permit cancelled on being issued a licence
under any scheme made under this Act.”.
Amendment 31. In section 67 of the principal Act,—
of section 67.
(i) for sub-section (1), the following sub-section shall be substituted, namely:—
“(1) A State Government, having regard to—
(a) the advantages offered to the public, trade and industry by the
development of motor transport;
(b) the desirability of co-ordinating road and rail transport;
(c) the desirability of preventing the deterioration of the road system,
and
(d) promoting effective competition among the transport service
providers,
may, from time to time, by notification in the Official Gazette issue directions
both to the State Transport Authority and Regional Transport Authority regarding
the passengers’ convenience, economically competitive fares, prevention of
overcrowding and road safety.”;
(ii) in sub-section (2), the following proviso shall be inserted, namely:—
“Provided that the State Government may subject to such conditions as
it may deem fit, and with a view to achieving the objectives specified in
clause (d) of sub-section (1), relax all or any of the provisions made under this
Chapter.”;
(iii) after sub-section (2), the following sub-sections shall be inserted, namely:—
“(3) Notwithstanding anything contained in this Act, the State Government
may, by notification in the Official Gazette, modify any permit issued under this
Act or make schemes for the transportation of goods and passengers and issue
licences under such scheme for the promotion of development and efficiency in
transportation—
(a) last mile connectivity;
(b) rural transport;
(c) reducing traffic congestion;
(d) improving urban transport;
(e) safety of road users;
(f) better utilisation of transportation assets;
(g) the enhancement of economic vitality of the area, through
competitiveness, productivity and efficiency;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

(h) the increase in the accessibility and mobility of people;

(i) the protection and enhancement of the environment;
(j) the promotion of energy conservation;
(k) improvement of the quality of life;
(l) enhance integration and connectivity of the transportation
system, across and between modes of transport; and
(m) such other matters as the Central Government may deem fit.
(4) The scheme framed under sub-section (3), shall specify the fees to be
charged, form of application and grant of a licence including the renewal,
suspension, cancellation or modification of such licence.”.
32. In section 72 of the principal Act, in sub-section (2), the following proviso shall be Amendment
inserted, namely:— of section 72.

“Provided that the Regional Transport Authority may waive any such condition
for a stage carriage permit operating in a rural area, as it deems fit.”.
33. In section 74 of the principal Act,— Amendment
of section 74.
(i) in sub-section (2), the following proviso shall be inserted, namely:—
“Provided that the Regional Transport Authority may in the interests of
last mile connectivity waive any such condition in respect of any such types of
vehicles as may be specified by the Central Government.”;
(ii) in sub-section (3), in the proviso to clause (b), after sub-clause (vi), the
following sub-clause shall be inserted, namely:—
“(vii) self-help groups.”.
34. After section 88 of the principal Act, the following section shall be inserted, Insertion of
namely:— new section
88A.

“88A. (1) Notwithstanding anything contained in this Act, the Central Power of
Government may, by notification in the Official Gazette, modify any permit issued Central
Government
under this Act or make schemes for national, multimodal and inter-State transportation to make
of goods or passengers, and issue or modify licences under, such scheme for the schemes for
following purposes, namely:— national,
multimodal
(a) last mile connectivity; and inter-State
transport of
(b) rural transport; passengers and
goods.
(c) improving the movement of freight, and logistics;
(d) better utilisation of transportation assets;
(e) the enhancement to the economic vitality of the area, especially by
enabling competitiveness, productivity and efficiency;
(f) the increase in the accessibility and mobility of people;
(g) the protection and enhancement of the environment;
(h) the promotion of energy conservation;
(i) improvement of the quality of life;
(j) enhancement of the integration and connectivity of the transportation
system, across and between modes of transport; and
(k) such other matters as the Central Government may deem fit:
 14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Provided that the Central Government may, before taking any action under this
sub-section seek concurrence of the State Governments.
(2) Notwithstanding anything contained in sub-section (1), two or more States
may make schemes for the operation within such States for the inter-State transportation
of goods or passengers:
Provided that in the event of any repugnancy between the schemes made by the
Central Government under sub-section (1) and schemes made by two or more States
under this sub-section, the schemes made under sub-section (1) shall prevail.".
Amendment 35. In section 92 of the principal Act, for the words “stage carriage or contract carriage,
of section 92. in respect of which a permit”, the words “transport vehicle, in respect of which a permit or
licence” shall be substituted.
Amendment 36. In section 93 of the principal Act,—
of section 93.
(i) for the marginal heading, the following marginal heading shall be substituted,
namely:—
“Agent or canvasser or aggregator to obtain licence.”;
(ii) in sub-section (1),—
(a) after clause (ii), the following clause shall be inserted, namely:—
“(iii) as an aggregator,”;
(b) the following provisos shall be inserted, namely:—
“Provided that while issuing the licence to an aggregator the State
Government may follow such guidelines as may be issued by the Central
Government:
Provided further that every aggregator shall comply with the
provisions of the Information Technology Act, 2000 and the rules and 21 of 2000.
regulations made thereunder.”.
Amendment 37. In section 94 of the principal Act, after the word “permit” occurring at both the
of section 94. places the words “or licence issued under any scheme” shall be inserted.
Amendment 38. In section 96 of the principal Act, in sub-section (2), after clause (xxxii), the
of section 96. following clauses shall be inserted, namely:—
“(xxxiia) framing of schemes under sub-section (3) of section 67;
(xxxiib) the promotion of effective competition, passenger convenience and
safety, competitive fares and prevention of overcrowding;”.
Amendment 39. In section 110 of the principal Act,—
of section
110. (i) in sub-section (1), in clause (k), after the words “standards of the
components”, the words “, including software,” shall be inserted;
(ii) in sub-section (2), after the words “in particular circumstances”, the words
“and such rules may lay down the procedure for investigation, the officers empowered
to conduct such investigations, the procedure for hearing of such matters and the
penalties to be levied thereunder” shall be inserted;
(iii) after sub-section (2), the following sub-section shall be inserted, namely:—
“(2A) Persons empowered under sub-section (2) to conduct investigations
referred to in sub-section (2) shall have all the powers of a civil court, while
trying a suit under the Code of Civil Procedure, 1908 in respect of the following 5 of 1908.
matters, namely:—
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

(a) summoning and enforcing the attendance of any person and

examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavit; and
(d) any other matter as may be prescribed.”.
40. After section 110 of the principal Act, the following sections shall be inserted, Insertion of
namely:— new sections
110A and
110B.

“110A. (1) The Central Government may, by order, direct a manufacturer to recall Recall of
motor vehicles of a particular type or its variants, if— motor
vehicles.
(a) a defect in that particular type of motor vehicle may cause harm to the
environment or to the driver or occupants of such motor vehicle or other road
users; and
(b) a defect in that particular type of motor vehicle has been reported to
the Central Government by—
(i) such percentage of owners, as the Central Government, may by
notification in the Official Gazette, specify; or
(ii) a testing agency; or
(iii) any other source.
(2) Where the defect referred to in sub-section (1) lies in a motor vehicle
component, the Central Government may, by order, direct a manufacturer to recall all
motor vehicles which contain such component, regardless of the type or variants of
such motor vehicle.
(3) A manufacturer whose vehicles are recalled under sub-section (1) or
sub-section (2), shall—
(a) reimburse the buyers for the full cost of the motor vehicle, subject to
any hire-purchase or lease-hypothecation agreement; or
(b) replace the defective motor vehicle with another motor vehicle of similar
or better specifications which complies with the standards specified under this
Act or repair it; and
(c) pay such fines and other dues in accordance with sub-section (6).
(4) Where a manufacturer notices a defect in a motor vehicle manufactured by
him, he shall inform the Central Government of the defect and initiate recall proceedings
and in such case the manufacturer shall not be liable to pay fine under sub-section (3).
(5) The Central Government may authorise any officer to conduct investigation
under this section who shall have all the powers of a civil court, while trying a suit
5 of 1908. under the Code of Civil Procedure, 1908 in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavit; and
(d) any other matter as may be prescribed.
(6) The Central Government may make rules for regulating the recall of motor
vehicles, of a particular type or its variants, for any defect which in the opinion of the
 16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Central Government, may cause harm to the environment or to the driver or occupants
of such motor vehicle or to other road users.
Type- 110B. (1) No motor vehicle, including a trailer or semi-trailer or modular hydraulic
approval trailer or side car shall be sold or delivered or offered for sale or delivery or used in a
certificate and
testing
public place in India unless a type-approval certificate referred to in sub-section (2)
agencies. has been issued in respect of such vehicle:
Provided that the Central Government may, by notification in the Official Gazette,
extend the requirement of type-approval certificate to other vehicles drawn or intended
to be drawn by a motor vehicle:
Provided further that such certificate shall not be required for vehicles which
are—
(a) intended for export or display or demonstration or exhibition; or
(b) used by a manufacturer of motor vehicles or motor vehicle components
or a research and development centre or a test by agency for testing and
validation or for data collection, inside factory premises or in a non-public place;
or
(c) exempted by the Central Government.
(2) The manufacturer or importer of motor vehicles including trailers, semi-trailers,
modular hydraulic trailers and side cars shall submit the prototype of the vehicle to be
manufactured or imported for test to a testing agency for obtaining a type-approval
certificate by such agency.
(3) The Central Government shall make rules for the accreditation, registration
and regulation of testing agencies.
(4) The testing agencies shall conduct tests on vehicles drawn from the
production line of the manufacturer or obtained otherwise to verify the conformity of
such vehicles to the provisions of this Chapter and the rules and regulations made
thereunder.
(5) Where the motor vehicle having a type-approval certificate is recalled under
section 110A, the testing agency which granted the certificate to such motor vehicle
shall be liable for its accreditation and registration to be cancelled.”.
Amendment 41. In section 114 of the principal Act, in sub-section (1), for the words “authorised in
of section this behalf by the State Government”, the words “or any other person authorised in this
114.
behalf by the State Government” shall be substituted.
Amendment 42. In section 116 of the principal Act,—
of section
116. (i) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) Notwithstanding anything contained in sub-section (1), the National
Highways Authority of India constituted under the National Highways Authority
of India Act, 1988 or any other agency authorised by the Central Government, 68 of 1988.
may cause or permit traffic signs, as provided in the First Schedule, to be placed
or erected or removed on national highways for the purpose of regulating motor
vehicle traffic and may order the removal of any sign or advertisement which in
its opinion is so placed as to obscure any traffic sign from view or is so similar in
appearance to a traffic sign as to mislead or is likely to distract the attention or
concentration of the driver:
Provided that for the purposes of this sub-section, the National Highway
Authority of India or any other agency authorised by the Central Government
may seek assistance from the authorities of the State Government and the said
State Government shall provide such assistance.”;
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17

(ii) in sub-section (3), after the words, brackets and figure “provided by
sub-section (1)”, the words, brackets, figure and letter “or sub-section (1A)” shall be
inserted.
43. In section 117 of the principal Act, the following provisos shall be inserted, namely:— Amendment
of section
“Provided that the State Government or the authorised authority shall, give 117.
primacy to the safety of road users and the free flow of traffic in determining such
places:
Provided further that for the purpose of this section the National Highways
Authority of India, constituted under the National Highways Authority of India Act,
68 of 1988. 1988 or any other agency authorised by the Central Government, may also determine
such places.”.
44. For section 129 of the principal Act, the following section shall be substituted, Substitution of
namely:— new section
for section
129.

‘129. Every person, above four years of age, driving or riding or being carried on Wearing of
a motorcycle of any class or description shall, while in a public place, wear protective protective
headgear.
headgear conforming to such standards as may be prescribed by the Central
Government:
Provided that the provisions of this section shall not apply to a person who is a
Sikh, if, while driving or riding on the motorcycle, in a public place, he is wearing a
turban:
Provided further that the Central Government may by rules provide for measures
for the safety of children below four years of age riding or being carried on a motorcycle.
Explanation.— “Protective headgear” means a helmet which,—
(a) by virtue of its shape, material and construction, could reasonably be
expected to afford to the person driving or riding on a motorcycle a degree of
protection from injury in the event of an accident; and
(b) is securely fastened to the head of the wearer by means of straps or
other fastenings provided on the headgear.’.
45. After section 134 of the principal Act, the following section shall be inserted, Insertion of
namely:— new section
134A.

“134A. (1) A Good Samaritan shall not be liable for any civil or criminal action for Protection of
any injury to or death of the victim of an accident involving a motor vehicle, where Good
Samaritans.
such injury or death resulted from the Good Samaritan’s negligence in acting or failing
to act while rendering emergency medical or non-medical care or assistance.
(2) The Central Government may by rules provide for the procedure for
questioning or examination of the Good Samaritan, disclosure of personal information
of the Good Samaritan and such other related matters.
Explanation.—For the purposes of this section, “Good Samaritan” means a
person, who in good faith, voluntarily and without expectation of any reward or
compensation renders emergency medical or non-medical care or assistance at the
scene of an accident to the victim or transports such victim to the hospital.".
46. In section 135 of the principal Act,— Amendment
of section
(i) in sub-section (1),— 135.

(a) in clause (c), the word “and” shall be omitted;

 18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) in clause (d), for the word “highways”, the words “highways; and”
shall be substituted; and
(ii) after clause (d), the following clause shall be inserted, namely:—
“(e) any other amenities in the interests of the safety and the convenience
of the public.”;
(iii) after sub-section (2), the following sub-section shall be inserted, namely:—
“(3) The Central Government may, by notification in the Official Gazette,
make one or more schemes to conduct in-depth studies on the causes and
analysis of road accidents.”.
Insertion of 47. After section 136 of the principal Act, the following section shall be inserted,
new section namely:—
136A.

Electronic ‘136A. (1) The State Government shall ensure electronic monitoring and
monitoring enforcement of road safety in the manner provided under sub-section (2) on national
and
enforcement
highways, state highways, roads or in any urban city within a State which has a
of road safety. population up to such limits as may be prescribed by the Central Government.
(2) The Central Government shall make rules for the electronic monitoring and
enforcement of road safety including speed cameras, closed-circuit television cameras,
speed guns, body wearable cameras and such other technology.
Explanation.—For the purpose of this section the expression “body wearable
camera” means a mobile audio and video capture device worn on the body or uniform
of a person authorised by the State Government.’.
Amendment 48. In section 137 of the principal Act,—
of section
137. (i) after clause (a), the following clause shall be inserted, namely:—
“(aa) providing for the standards of protective headgear and measures for
the safety of children below the age of four years riding under section 129;”;
(ii) after clause (b), the following clauses shall be inserted, namely:—
“(c) providing for limits of urban city by the State Governments under
sub-section (1) of section 136A; and
(d) providing for electronic monitoring and enforcement under
sub-section (2) of section 136A.”.
Amendment 49. In section 138 of the principal Act, after sub-section (1), the following sub-section
of section shall be inserted, namely:—
138.
“(1A) The State Government may, in the interest of road safety, make rules for
the purposes of regulating the activities and access of non-mechanically propelled
vehicles and pedestrians to public places and national highways:
Provided that in the case of national highways, such rules shall be framed in
consultation with the National Highways Authority of India.”.
Omission of 50. Chapter X in the principal Act shall be omitted.
Chapter X.

Substitution of 51. For Chapter XI of the principal Act, the following Chapter shall be substituted,
new Chapter namely:—
XI for
Chapter XI.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19

‘CHAPTER XI
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS
145. In this Chapter,— Definitions.

(a) “authorised insurer” means an insurer for the time being carrying on
general insurance business in India and granted a certificate of registration by
the Insurance Regulatory and Development Authority of India established under
41 of 1999. section 3 of the Insurance Regulatory and Development Authority Act, 1999 and
any Government insurance fund authorised to do general insurance business
57 of 1972. under the General Insurance Business (Nationalisation) Act, 1972;
(b) “certificate of insurance” means a certificate issued by an authorised
insurer in pursuance of section 147 and includes a cover note complying with
such requirements as may be prescribed, and where more than one certificate
has been issued in connection with a policy, or where a copy of a certificate has
been issued, all those certificates or that copy, as the case may be;
(c) “grievous hurt” shall have the same meaning as assigned to it in section
45 of 1860. 320 of the Indian Penal Code;
(d) “hit and run motor accident” means an accident arising out of the use
of a motor vehicle or motor vehicles the identity whereof cannot be ascertained
in spite of reasonable efforts for the purpose;
(e) “Insurance Regulatory and Development Authority” means the
Insurance Regulatory and Development Authority established under section 3
41 of 1999. of the Insurance Regulatory and Development Authority Act, 1999;
(f) “policy of insurance” includes certificate of insurance;
(g) “property” includes roads, bridges, culverts, causeways, trees, posts,
milestones and baggage of passengers and goods carried in any motor vehicle;
(h) “reciprocating country” means any such country as may on the basis
of reciprocity be notified by the Central Government in the Official Gazette to be
a reciprocating country for the purposes of this Act;
(i) “third party” includes the Government, the driver and any other
co-worker on a transport vehicle.
146. (1) No person shall use, except as a passenger, or cause or allow any other Necessity for
person to use, a motor vehicle in a public place, unless there is in force, in relation to insurance
against third
the use of the vehicle by that person or that other person, as the case may be, a policy party risks.
of insurance complying with the requirements of this Chapter:
Provided that in the case of a vehicle carrying, or meant to carry, dangerous or
hazardous goods, there shall also be a policy of insurance under the Public Liability
6 of 1991. Insurance Act, 1991.
Explanation.—For the purposes of this sub-section, a person driving a motor
vehicle merely as a paid employee, while there is in relation to the use of the vehicle no
such policy in force as is required by this sub-section, shall not be deemed to act in
contravention of the sub-section unless he knows or has reason to believe that there
is no such policy in force.
(2) The provisions of sub-section (1) shall not apply to any vehicle owned by
the Central Government or a State Government and used for purposes not connected
with any commercial enterprise.
(3) The appropriate Government may, by order, exempt from the operation of
sub-section (1), any vehicle owned by any of the following authorities, namely:—
 20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(a) the Central Government or a State Government, if the vehicle is used

for purposes connected with any commercial enterprise;
(b) any local authority;
(c) any State Transport Undertaking:
Provided that no such order shall be made in relation to any such authority
unless a fund has been established and is maintained by that authority in such
manner as may be prescribed by appropriate Government.
Explanation.—For the purposes of this sub-section, “appropriate
Government” means the Central Government or a State Government, as the case
may be, and—
(i) in relation to any corporation or company owned by the Central
Government or any State Government, means the Central Government or
that State Government;
(ii) in relation to any corporation or company owned by the Central
Government and one or more State Governments, means the Central
Government;
(iii) in relation to any other State Transport Undertaking or any
local authority, means that Government which has control over that
undertaking or authority.
Requirement 147. (1) In order to comply with the requirements of this Chapter, a policy of
of policies and insurance must be a policy which—
limits of
liability. (a) is issued by a person who is an authorised insurer; and
(b) insures the person or classes of persons specified in the policy to the
extent specified in sub-section (2)—
(i) against any liability which may be incurred by him in respect of
the death of or bodily injury to any person including owner of the goods
or his authorised representative carried in the motor vehicle or damage to
any property of a third party caused by or arising out of the use of the
motor vehicle in a public place;
(ii) against the death of or bodily injury to any passenger of a
transport vehicle, except gratuitous passengers of a goods vehicle, caused
by or arising out of the use of the motor vehicle in a public place.
Explanation.—For the removal of doubts, it is hereby clarified that the
death of or bodily injury to any person or damage to any property of a third party
shall be deemed to have been caused by or to have arisen out of, the use of a
vehicle in a public place, notwithstanding that the person who is dead or injured
or the property which is damaged was not in a public place at the time of the
accident, if the act or omission which led to the accident occurred in a public
place.
(2) Notwithstanding anything contained under any other law for the time being
in force, for the purposes of third party insurance related to either death of a person or
grievous hurt to a person, the Central Government shall prescribe a base premium and
the liability of an insurer in relation to such premium for an insurance policy under
sub-section (1) in consultation with the Insurance Regulatory and Development
Authority.
(3) A policy shall be of no effect for the purposes of this Chapter unless and until
there is issued by the insurer in favour of the person by whom the policy is effected, a
certificate of insurance in the prescribed form and containing the prescribed particulars
of any condition subject to which the policy is issued and of any other prescribed
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21

matters; and different forms, particulars and matters may be prescribed in different
cases.
(4) Notwithstanding anything contained in this Act, a policy of Insurance issued
before the commencement of the Motor Vehicles (Amendment) Act, 2019 shall be
continued on the existing terms under the contract and the provisions of this Act shall
apply as if this Act had not been amended by the said Act.
(5) Where a cover note issued by the insurer under the provisions of this Chapter
or the rules or regulations made thereunder is not followed by a policy of insurance
within the specified time, the insurer shall, within seven days of the expiry of the period
of the validity of the cover note, notify the fact to the registering authority or to such
other authority as the State Government may prescribe.
(6) Notwithstanding anything contained in any other law for the time being in
force, an insurer issuing a policy of insurance under this section shall be liable to
indemnify the person or classes of persons specified in the policy in respect of any
liability which the policy purports to cover in the case of that person or those classes
of persons.
148. Where, in pursuance of an arrangement between India and any reciprocating Validity of
country, the motor vehicle registered in the reciprocating country operates on any policies of
insurance
route or within any area common to the two countries and there is in force in relation to issued in
the use of the vehicle in the reciprocating country, a policy of insurance complying reciprocating
with the requirements of the law of insurance for the time being in force in that country, countries.
then, notwithstanding anything contained in section 147 but subject to any rules
which may be made under section 164B such policy of insurance shall be effective
throughout the route or area in respect of which the arrangement has been made, as if
the policy of insurance had complied with the requirements of this Chapter.
149. (1) The insurance company shall, upon receiving information of the accident, Settlement by
either from claimant or through accident information report or otherwise, designate an insurance
company and
officer to settle the claims relating to such accident. procedure
(2) An officer designated by the insurance company for processing the settlement therefor.
of claim of compensation may make an offer to the claimant for settlement before the
Claims Tribunal giving such details, within thirty days and after following such
procedure as may be prescribed by the Central Government.
(3) If, the claimant to whom the offer is made under sub-section (2),—
(a) accepts such offer,—
(i) the Claims Tribunal shall make a record of such settlement, and
such claim shall be deemed to be settled by consent; and
(ii) the payment shall be made by the insurance company within a
maximum period of thirty days from the date of receipt of such record of
settlement;
(b) rejects such offer, a date of hearing shall be fixed by the Claims Tribunal
to adjudicate such claim on merits.
150. (1) If, after a certificate of insurance has been issued under sub-section (3) Duty of
of section 147 in favour of the person by whom a policy has been effected, judgment insurers to
satisfy
or award in respect of any such liability as is required to be covered by a policy under judgments and
clause (b) of sub-section (1) of section 147 (being a liability covered by the terms of the awards against
policy) or under the provisions of section 164 is obtained against any person insured persons
by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel insured in
respect of
or may have avoided or cancelled the policy, the insurer shall, subject to the provisions third party
of this section, pay to the person entitled to the benefit of the award any sum not risks.
22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

exceeding the sum assured payable thereunder, as if that person were the decree
holder, in respect of the liability, together with any amount payable in respect of costs
and any sum payable in respect of interest on that sum by virtue of any enactment
relating to interest on judgments.
(2) No sum shall be payable by an insurer under sub-section (1) in respect of any
judgment or award unless, before the commencement of the proceedings in which the
judgment or award is given the insurer had notice through the court or, as the case may
be, the Claims Tribunal of the bringing of the proceedings, or in respect of such
judgment or award so long as its execution is stayed pending an appeal; and an insurer
to whom notice of the bringing of any such proceedings is so given shall be entitled to
be made a party thereto, and to defend the action on any of the following grounds,
namely:—
(a) that there has been a breach of a specified condition of the policy,
being one of the following conditions, namely:––
(i) a condition excluding the use of the vehicle—
(A) for hire or reward, where the vehicle is on the date of the
contract of insurance a vehicle not covered by a permit to ply for
hire or reward; or
(B) for organised racing and speed testing; or
(C) for a purpose not allowed by the permit under which the
vehicle is used, where the vehicle is a transport vehicle; or
(D) without side-car being attached where the vehicle is a
two-wheeled vehicle; or
(ii) a condition excluding driving by a named person or by any
person who is not duly licenced or by any person who has been disqualified
for holding or obtaining a driving licence during the period of
disqualification or driving under the influence of alcohol or drugs as laid
down in section 185; or
(iii) a condition excluding liability for injury caused or contributed
to by conditions of war, civil war, riot or civil commotion; or
(b) that the policy is void on the ground that it was obtained by
nondisclosure of any material fact or by representation of any fact which was
false in some material particular; or
(c) that there is non-receipt of premium as required under section 64VB of
the Insurance Act, 1938. 4 of 1938.

(3) Where any such judgment or award as is referred to in sub-section (1) is

obtained from a court in a reciprocating country and in the case of a foreign judgment
is, by virtue of the provisions of section 13 of the Code of Civil Procedure, 1908 5 of 1908.
conclusive as to any matter adjudicated upon by it, the insurer (being an insurer
registered under the Insurance Act, 1938 and whether or not that person is registered 4 of 1938.
under the corresponding law of the reciprocating country) shall be liable to the person
entitled to the benefit of the decree in the manner and to the extent specified in
sub-section (1), as if the judgment or award were given by a court in India:
Provided that no sum shall be payable by the insurer in respect of any such
judgment or award unless, before the commencement of the proceedings in which the
judgment or award is given, the insurer had notice through the court concerned of the
bringing of the proceedings and the insurer to whom notice is so given is entitled under
the corresponding law of the reciprocating country, to be made a party to the proceedings
and to defend the action on grounds similar to those specified in sub-section (2).
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23

(4) Where a certificate of insurance has been issued under sub-section (3) of
section 147 to the person by whom a policy has been effected, so much of the policy
as purports to restrict the insurance of the persons insured thereby, by reference to
any condition other than those in sub-section (2) shall, as respects such liabilities
as are required to be covered by a policy under clause (b) of sub-section (1) of
section 147, be of no effect.
(5) No insurer to whom the notice referred to in sub-section (2) or sub-section (3)
has been given shall be entitled to avoid his liability to any person entitled to the
benefit of any such judgment or award as is referred to in sub-section (1) or in such
judgment as is referred to in sub-section (3) otherwise than in the manner provided for
in sub-section (2) or in the corresponding law of the reciprocating country, as the case
may be.
(6) If on the date of filing of any claim, the claimant is not aware of the insurance
company with which the vehicle had been insured, it shall be the duty of the owner of
the vehicle to furnish to the tribunal or court the information as to whether the vehicle
had been insured on the date of the accident, and if so, the name of the insurance
company with which it is insured.
Explanation.—For the purposes of this section,—
(a) “award” means an award made by the Claims Tribunal under
section 168;
(b) “Claims Tribunal” means a Claims Tribunal constituted under
section 165;
(c) “liability covered by the terms of the policy” means the liability which
is covered by the policy or which would be so covered but for the fact that the
insurer is entitled to avoid or cancel or has avoided or cancelled the policy; and
(d) “material fact” and “material particular” mean, respectively, a fact or
particular of such a nature as to influence the judgment of a prudent insurer in
determining whether he shall take the risk and, if so, at what premium and on
what conditions.
151. (1) Where under any contract of insurance affected in accordance with the Rights of third
provisions of this Chapter, a person is insured against liabilities which he may incur to party against
insurers on
third party, then— insolvency of
insured.
(a) in the event of the person becoming insolvent or making a composition or
arrangement with his creditors; or
(b) where the insured person is a company, in the event of a winding-up order
being made or a resolution for a voluntary winding-up being passed with respect to
the company or of a receiver or manager of the company’s business or undertaking
being duly appointed, or of possession being taken by or on behalf of the holders of
any debentures secured by a floating charge of any property comprised in or subject
to the charge,
if, either before or after that event, any such liability is incurred by the insured person
his rights against the insurer under the contract in respect of the liability shall,
notwithstanding anything to the contrary in any provision of law, be transferred to
and vest in the third party to whom the liability was so incurred.
(2) Where an order for the administration of the estate of a deceased debtor is
made according to the law of insolvency, then, if any debt provable in insolvency is
owing by the deceased in respect of a liability to a third party against which he was
insured under a contract of insurance in accordance with the provisions of this Chapter,
the deceased debtor’s rights against the insurer in respect of that liability shall,
 24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

notwithstanding anything to the contrary in any provision of law, be transferred to

and vest in the person to whom the debt is owing.
(3) Any condition in a policy issued for the purposes of this Chapter purporting,
either directly or indirectly, to avoid the policy or to alter the rights of the parties
thereunder upon the happening to the insured person of any of the events specified in
clause (a) or clause (b) of sub-section (1) or upon the making of an order for the
administration of the estate of a deceased debtor according to the law of insolvency,
shall be of no effect.
(4) Upon a transfer under sub-section (1) or sub-section (2), the insurer shall be
under the same liability to the third party as he would have been to the insured person,
but—
(a) if the liability of the insurer to the insured person exceeds the liability
of the insured person to the third party, nothing in this Chapter shall affect
the rights of the insured person against the insurer in respect of the excess
amount; and
(b) if the liability of the insurer to the insured person is less than the
liability of the insured person to the third party, nothing in this Chapter shall
affect the rights of the third party against the insured person in respect of the
balance amount.
Duty to give 152. (1) No person against whom a claim is made in respect of any liability
information as referred to in clause (b) of sub-section (1) of section 147 shall, on demand by or on
to insurance.
behalf of the person making the claim, refuse to state whether or not he was insured in
respect of that liability by any policy issued under the provisions of this Chapter, or
would have been so insured if the insurer had not avoided or cancelled the policy, nor
shall he refuse, if he was or would have been so insured, to give such particulars with
respect to that policy as were specified in the certificate of insurance issued in respect
thereof.
(2) In the event of any person becoming insolvent or making an arrangement
with his creditors or in the event of an order being made for the administration of the
estate of a deceased person according to the law of insolvency, or in the event of a
winding-up order being made or a resolution for a voluntary winding-up being passed
with respect to any company or of a receiver or manager of the company’s business or
undertaking being duly appointed or of possession being taken by or on behalf of the
holders of any debentures secured by a floating charge on any property comprised in
or subject to the charge, it shall be the duty of the insolvent debtor, personal
representative of the deceased debtor or company, as the case may be, or the official
assignee or receiver in insolvency, trustee, liquidator, receiver or manager, or person in
possession of the property to give, on the request of any person claiming that the
insolvent debtor, deceased debtor or company is under such liability to him as is
covered by the provision of this Chapter, such information as may reasonably be
required by him for the purpose of ascertaining whether any rights have been transferred
to and vested in him by section 151 and for the purpose of enforcing such rights, if any,
and any such contract of insurance as purports whether directly or indirectly to avoid
the contract or to alter the rights of the parties thereunder upon the giving of such
information in the events aforesaid, or otherwise to prohibit or prevent the giving
thereof in the said events, shall be of no effect.
(3) If, from the information given to any person in pursuance of sub-section (2)
or otherwise, he has reasonable ground for supporting that there have or may have
been transferred to him under this Chapter rights against any particular insurer, that
insurer shall be subject to the same duty as is imposed by the said sub-section on the
persons therein mentioned.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25

(4) The duty to give the information imposed by this section shall include a duty
to allow all contracts of insurance, receipts for premiums, and other relevant documents
in the possession or power of the person on whom the duty is so imposed to be
inspected and copies thereof to be taken.
153. (1) No settlement made by an insurer in respect of any claim which might be Settlement
made by a third party in respect of any liability of the nature referred to in clause (b) of between
insurers and
sub-section (1) of section 147 shall be valid unless such third party is a party to the insured
settlement. persons.

(2) The Claims Tribunal shall ensure that the settlement is bona fide and was not
made under undue influence and the compensation is made in accordance with the
payment schedule referred to in sub-section (1) of section 164.
(3) Where a person who is insured under a policy issued for the purpose of this
Chapter has become insolvent, or where, if such insured person is a company, a
winding-up order has been made or a resolution for a voluntary winding-up has been
passed with respect to the company, no agreement made between the insurer and the
insured person after the liability has been incurred to a third party and after the
commencement of the insolvency or winding-up, as the case may be, nor any waiver,
assignment or other disposition made by or payment made to the insured person after
the commencement aforesaid, shall be effective to defeat the rights transferred to the
third party under this Chapter; but those rights shall be the same as if no such agreement,
waiver, assignment or disposition or payment has been made.
154. (1) For the purposes of sections 151, 152 and 153, a reference to “liabilities Saving in
to third parties” in relation to a person insured under any policy of insurance shall not respect of
sections 151,
include a reference to any liability of that person in the capacity of insurer under some 152 and 153.
other policy of insurance.
(2) The provisions of sections 151, 152 and 153 shall not apply where a company
is wound-up voluntarily merely for the purposes of reconstruction or of an amalgamation
with another company.
155. Notwithstanding anything contained in section 306 of the Indian Succession Effect of
39 of 1925. Act, 1925, the death of a person in whose favour a certificate of insurance had been death on
certain causes
issued, if it occurs after the happening of an event which has given rise to a claim of action.
under the provisions of this Chapter, shall not be a bar to the survival of any cause of
action arising out of such event against his estate or against the insurer.
156. When an insurer has issued a certificate of insurance in respect of a contract Effect of
of insurance between the insurer and the insured person, then— certificate of
insurance.
(a) if and so long as the policy described in the certificate has not been
issued by the insurer to the insured, the insurer shall, as between himself and
any other person except the insured, be deemed to have issued to the insured
person a policy of insurance conforming in all respects with the description and
particulars stated in such certificate; and
(b) if the insurer has issued to the insured the policy described in the
certificate, but the actual terms of the policy are less favourable to persons
claiming under or by virtue of the policy against the insurer either directly or
through the insured than the particulars of the policy as stated in the certificate,
the policy shall, as between the insurer and any other person except the insured,
be deemed to be in terms conforming in all respects with the particulars stated in
the said certificate.
157. (1) Where a person, in whose favour the certificate of insurance has been Transfer of
issued in accordance with the provisions of this Chapter, transfers to another person certificate of
insurance.
the ownership of the motor vehicle in respect of which such insurance was taken
 26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

together with the policy of insurance relating thereto, the certificate of insurance and
the policy described in the certificate shall be deemed to have been transferred in
favour of the person to whom the motor vehicle is transferred with effect from the date
of its transfer.
Explanation.—For the removal of doubts, it is hereby clarified that such deemed
transfer shall include transfer of rights and liabilities of the said certificate of insurance
and policy of insurance.
(2) The transferee shall apply within fourteen days from the date of transfer in
the prescribed form to the insurer for making necessary changes in regard to the fact of
transfer in the certificate of insurance and the policy described in the certificate in his
favour, and the insurer shall make the necessary changes in the certificate and the
policy of insurance in regard to the transfer of insurance.
Production of 158. (1) Any person driving a motor vehicle in any public place shall, on being
certain so required by a police officer in uniform authorised in this behalf by the State
certificates,
licence and
Government, produce—
permit in
(a) the certificate of insurance;
certain cases.
(b) the certificate of registration;
(c) the pollution under control certificate;
(d) the driving licence;
(e) in the case of a transport vehicle, also the certificate of fitness referred
to in section 56, and the permit; and
(f) any certificate or authorisation of exemption that has been granted
under this Act,
relating to the use of the vehicle.
(2) Where, owing to the presence of a motor vehicle in a public place, an accident
occurs involving death or bodily injury to another person, if the driver of the vehicle
does not at that time produce the required certificate, driving licence and permit referred
to in sub-section (1) to a police officer, he or the owner shall produce the said certificates,
licence and permit at the police station at which the driver makes the report required by
section 134.
(3) No person shall be liable to conviction for offences under sub-section (1) or
sub-section (2) by reason of the failure to produce the required certificate if, within
seven days from the date on which its production was required under sub-section (1),
or as the case may be, from the date of occurrence of the accident, he produces the
certificate at such police station as may have been specified by him to the police officer
who required its production or, as the case may be, to the police officer at the site of the
accident or to the officer-in-charge of the police station at which he reported the
accident:
Provided that except to such extent and with such modifications as may be
prescribed, the provisions of this sub-section shall not apply to the driver of a transport
vehicle.
(4) The owner of a motor vehicle shall give such information as he may be
required by or on behalf of a police officer empowered in this behalf by the State
Government for the purpose of determining whether the vehicle was or was not being
driven in contravention of section 146 and on any occasion when the driver was
required under this section to produce the certificate of insurance.
(5) In this section, the expression “produce the certificate of insurance” means
production for examination the relevant certificate of insurance or such other evidence
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27

as may be prescribed to prove that the vehicle was not being driven in contravention
of section 146.
159. The police officer shall, during the investigation, prepare an accident Information
information report to facilitate the settlement of claim in such form and manner, within to be given
regarding
three months and containing such particulars and submit the same to the Claims accident.
Tribunal and such other agency as may be prescribed.
160. A registering authority or the officer-in-charge of a police station shall, if so Duty to
required by a person who alleges that he is entitled to claim compensation in respect of furnish
particulars of
an accident arising out of the use of a motor vehicle, or if so required by an insurer vehicle
against whom a claim has been made in respect of any motor vehicle, furnish to that involved in
person or to that insurer, as the case may be, on payment of the prescribed fee, any accident.
information at the disposal of the said authority or the said police officer relating to the
identification marks and other particulars of the vehicle and the name and address of
the person who was using the vehicle at the time of the accident or was injured by
it and the property, if any, damaged in such form and within such time as the
Central Government may prescribe.
161. (1) Notwithstanding anything contained in any other law for the time being Special
in force or any instrument having the force of law, the Central Government shall provide provisions as
to
for paying in accordance with the provisions of this Act and the scheme made under compensation
sub-section (3), compensation in respect of the death of, or grievous hurt to, persons in case of hit
resulting from hit and run motor accidents. and run motor
accident.
(2) Subject to the provisions of this Act and the scheme made under
sub-section (3), there shall be paid as compensation,—
(a) in respect of the death of any person resulting from a hit and run motor
accident, a fixed sum of two lakh rupees or such higher amount as may be
prescribed by the Central Government;
(b) in respect of grievous hurt to any person resulting from a hit and run
motor accident, a fixed sum of fifty thousand rupees or such higher amount as
may be prescribed by the Central Government.
(3) The Central Government may, by notification in the Official Gazette, make a
scheme specifying the manner in which the scheme shall be administered by the
Central Government or General Insurance Council, the form, manner and the time
within which applications for compensation may be made, the officers or authorities to
whom such applications may be made, the procedure to be followed by such officers
or authorities for considering and passing orders on such applications, and all other
matters connected with, or incidental to, the administration of the scheme and the
payment of compensation under this section.
(4) A scheme made under sub-section (3) may provide that,—
(a) a payment of such sum as may be prescribed by the Central Government
as interim relief to any claimant under such scheme;
(b) a contravention of any provision thereof shall be punishable with
imprisonment which may extend to two years, or with fine which shall not be less
than twenty-five thousand rupees but may extend to five lakh rupees or with
both;
(c) the powers, functions or duties conferred or imposed on any officer or
authority by such scheme may be delegated with the prior approval in writing of
Central Government, by such officer or authority to any other officer or authority.
162. (1) Notwithstanding anything contained in the General Insurance Companies Scheme for
57 of 1972. (Nationalisation) Act, 1972 or any other law for the time being in force or any instrument golden hour.
having the force of law, the insurance companies for the time being carrying on general
 28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

insurance business in India shall provide in accordance with the provisions of this Act
and the schemes made under this Act for treatment of road accident victims, including
during the golden hour.
(2) The Central Government shall make a scheme for the cashless treatment of
victims of the accident during the golden hour and such scheme may contain provisions
for creation of a fund for such treatment.
Refund in certain 163. (1) The payment of compensation in respect of the death of, or grievous
cases hurt to, any person under section 161 shall be subject to the condition that if any
of compensation
paid under
compensation (hereafter in this sub-section referred to as the other compensation) or
section 161. other amount in lieu of or by way of satisfaction of a claim for compensation is awarded
or paid in respect of such death or grievous hurt under any other provision of this Act
or any other law for the time being in force or otherwise, so much of the other
compensation or other amount aforesaid as is equal to the compensation paid under
section 161, shall be refunded to the insurer.
(2) Before awarding compensation in respect of an accident involving the death
of, or bodily injury to, any person arising out of the use of a motor vehicle under any
provision of this Act other than section 161 or any other law for the time being in force,
the Claims Tribunal, court or other authority awarding such compensation shall verify
as to whether in respect of such death or bodily injury compensation has already been
paid under section 161 or an application for payment of compensation is pending
under that section, and such Tribunal, court or other authority shall—
(a) if compensation has already been paid under section 161, direct the
person liable to pay the compensation awarded by it to refund to the insurer, so
much thereof as is required to be refunded in accordance with the provisions of
sub-section (1);
(b) if an application for payment of compensation is pending under
section 161 forward the particulars as to the compensation awarded by it to the insurer.
Explanation.—For the purpose of this sub-section, an application for
compensation under section 161 shall be deemed to be pending—
(i) if such application has been rejected, till the date of the rejection
of the application; and
(ii) in any other case, till the date of payment of compensation in
pursuance of the application.
Payment of 164. (1) Notwithstanding anything contained in this Act or in any other law for
compensation the time being in force or instrument having the force of law, the owner of the motor
in case of
death or
vehicle or the authorised insurer shall be liable to pay in the case of death or grievous
grevious hurt, hurt due to any accident arising out of the use of motor vehicle, a compensation, of a
etc. sum of five lakh rupees in case of death or of two and a half lakh rupees in case of
grievous hurt to the legal heirs or the victim, as the case may be.
(2) In any claim for compensation under sub-section (1), the claimant shall not
be required to plead or establish that the death or grievous hurt in respect of which the
claim has been made was due to any wrongful act or neglect or default of the owner of
the vehicle or of the vehicle concerned or of any other person.
(3) Where, in respect of death or grievous hurt due to an accident arising out of
the use of motor vehicle, compensation has been paid under any other law for the time
being in force, such amount of compensation shall be reduced from the amount of
compensation payable under this section.
Scheme for 164A. (1) The Central Government, may make schemes for the provision of
interim relief interim relief to claimants praying for compensation under this Chapter.
for claimants.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29

(2) A scheme made under sub-section (1) shall also provide for procedure to
recover funds disbursed under such scheme from the owner of the motor vehicle,
where the claim arises out of the use of such motor vehicle or other sources as may be
prescribed by the Central Government.
164B. (1) The Central Government shall constitute a Fund to be called the Motor Motor Vehicle
Vehicle Accident Fund and thereto shall be credited— Accident
Fund.
(a) payment of a nature notified and approved by the Central Government;
(b) any grant or loan made to the Fund by the Central Government;
(c) the balance of the Fund created under scheme framed under
section 163, as it stood immediately before the commencement of the Motor
Vehicles (Amendment) Act, 2019; and
(d) any other source of income as may be prescribed by the Central
Government.
(2) The Fund shall be constituted for the purpose of providing compulsory
insurance cover to all road users in the territory of India.
(3) The Fund shall be utilised for the following, namely:—
(a) treatment of the persons injured in road accidents in accordance with
the scheme framed by the Central Government under section 162;
(b) compensation to representatives of a person who died in hit and run
motor accident in accordance with schemes framed under section 161;
(c) compensation to a person grievously hurt in a hit and run motor accident
in accordance with schemes framed under section 161; and
(d) compensation to such persons as may be prescribed by the Central
Government.
(4) The maximum liability amount that shall be paid in each case shall be such as
may be prescribed by the Central Government.
(5) In all cases specified in clause (a) of sub-section (3), when the claim of such
person becomes payable, where amount has been paid out of this Fund to any person,
the same amount shall be deductible from the claim received by such person from the
insurance company.
(6) The Fund shall be managed by such authority or agency as the Central
Government may specify having regard to the following:—
(a) knowledge of insurance business of the agency;
(b) capability of the agency to manage funds; and
(c) any other criteria as may be prescribed by the Central Government.
(7) The Central Government shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts of the Fund in such form as may
be prescribed by the Central Government in consultation with the Comptroller and
Auditor-General of India.
(8) The accounts of the Fund shall be audited by the Comptroller and
Auditor-General of India at such intervals as may be specified by him.
(9) The Comptroller and Auditor-General of India or any person appointed by
him in connection with the audit of the accounts of the Fund under this Act shall have
the same rights, privileges and authority in connection with such audit of the
Government accounts and, in particular, shall have the right to demand the production
 30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

of books, accounts, connected vouchers and other documents and papers and to
inspect any of the offices of the Authority.
(10) The accounts of the Fund, as certified by the Comptroller and Auditor-
General of India or any other person appointed by him in this behalf, together with the
audit report thereon, shall be forwarded annually to the Central Government and the
Central Government shall cause the same to be laid before each House of the Parliament.
(11) Any scheme framed under sub-section (3) of section 161, as it stood
immediately before the commencement of the Motor Vehicles (Amendment) Act, 2019,
shall be discontinued and all rights and liabilities accruing thereunder shall be met out
of the Fund with effect from the date of commencement of this Act.
Power of 164C. (1) The Central Government may make rules for the purposes of carrying
Central into effect, the provisions of this Chapter.
Government
to make rules. (2) Without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the forms to be used for the purposes of this Chapter including,—
(i) the form of the insurance policy and the particulars it shall contain
as referred to in sub-section (3) of section 147;
(ii) the form for making changes in regard to the fact of transfer in
the certificate of insurance under sub-section (2) of section 157;
(iii) the form in which the accident information report may be
prepared, the particulars it shall contain, the manner and the time for
submitting the report to the Claims Tribunal and the other agency under
section 159;
(iv) the form for furnishing information under section 160; and
(v) the form of the annual statement of accounts for the Motor
Vehicle Accident Fund under sub-section (7) of section 164B;
(b) the making of applications for and the issue of certificates of insurance;
(c) the issue of duplicates to replace certificates of insurance lost, destroyed
or mutilated;
(d) the custody, production, cancellation and surrender of certificates of
insurance;
(e) the records to be maintained by insurers of policies of insurance issued
under this Chapter;
(f) the identification by certificates or otherwise of persons or vehicles
exempted from the provisions of this Chapter;
(g) the furnishing of information respecting policies of insurance by
insurers;
(h) adopting the provisions of this Chapter to vehicles brought into India
by persons making only a temporary stay therein or to vehicles registered in a
reciprocating country and operating on any route or within any area in India by
applying those provisions with prescribed modifications;
(i) the requirements which a certificate of insurance is required to comply
with as referred to in clause (b) of section 145;
(j) administration of the Fund established under sub-section (3) of section
146;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 31

(k) the minimum premium and the maximum liability of an insurer under
sub-section (2) of section 147;
(l) the conditions subject to which an insurance policy shall be issued and
other matters related thereto as referred to in sub-section (3) of section 147;
(m) the details of settlement, the time limit for such settlement and the
procedure thereof under sub-section (2) of section 149;
(n) the extent of exemptions and the modifications under the proviso to
sub-section (3) of section 158;
(o) the other evidence under sub-section (5) of section 158;
(p) such other agency to which the accident information report as referred
to in section 159 may be submitted;
(q) the time limit and fee for furnishing information under section 160;
(r) the higher amount of compensation in respect of death under clause (a)
of sub-section (2) of section 161;
(s) a sum to be paid as interim relief as referred to in clause (a) of
sub-section (4) of section 161;
(t) the procedure for payment of compensation under sub-section (1) of
section 164;
(u) such other sources from which funds may be recovered for the scheme
as referred to in sub-section (2) of section 164A;
(v) any other source of income that may be credited into the Motor Vehicle
Accident Fund under sub-section (1) of section 164B;
(w) the persons to whom compensation may be paid under clause (d) of
sub-section (3) of section 164B;
(x) the maximum liability amount under sub-section (4) of section 164B;
(y) the other criteria under clause (c) of sub-section (6) of section 164B;
(z) any other matter which is to be, or may be, prescribed or in respect of
which provision is to be made by rules.
164D. (1) The State Government may make rules for the purposes of carrying Power of State
into effect, the provisions of this Chapter other than the matters specified in Government
to make rules.
section 164C.
(2) Without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the other authority under sub-section (5) of section 147; and
(b) any other matter which is to be, or may be, prescribed, or in respect of
which provision is to be made by rules.”.
52. In section 165 of the principal Act, in the Explanation, for the words, figures and Amendment
letter "section 140 and section 163A", the word and figures “section 164” shall be substituted. of section
165.

53. In section 166 of the principal Act,— Amendment

of section
(i) in sub-section (1), after the proviso, the following proviso shall be inserted, 166.
namely:—
“Provided further that where a person accepts compensation under
section 164 in accordance with the procedure provided under section 149, his
claims petition before the Claims Tribunal shall lapse.”.
 32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(ii) in sub-section (2), the proviso shall be omitted;

(iii) after sub-section (2), the following sub-section shall be inserted, namely:—
“(3) No application for compensation shall be entertained unless it is
made within six months of the occurrence of the accident.”.
(iv) in sub-section (4), for the words, brackets and figures "sub-section (6) of
section 158", the word and figures "section 159" shall be substituted;
(v) after sub-section (4), the following sub-section shall be inserted, namely:—
“(5) Notwithstanding anything in this Act or any other law for the time
being in force, the right of a person to claim compensation for injury in an
accident shall, upon the death of the person injured, survive to his legal
representatives, irrespective of whether the cause of death is relatable to or had
any nexus with the injury or not.”.
Amendment 54. In section 168 of the principal Act, in sub-section (1),—
of section
168. (i) for the word and figures “section 162”, the word and figures “section 163”
shall be substituted;
(ii) the proviso shall be omitted.
Amendment 55. In section 169 of the principal Act, after sub-section (3), the following sub-section
of section shall be inserted, namely:—
169.
“(4) For the purpose of enforcement of its award, the Claims Tribunal shall also
have all the powers of a Civil Court in the execution of a decree under the Code of Civil
Procedure, 1908, as if the award were a decree for the payment of money passed by 5 of 1908.
such court in a civil suit.”.
Amendment 56. In section 170 of the principal Act, for the word and figures “section 149” the word
of section and figures “section 150” shall be substituted.
170.

Amendment 57. In section 173 of the principal Act, in sub-section (2), for the words “ten thousand”,
of section the words “one lakh” shall be substituted.
173.
Amendment 58. In section 177 of the principal Act, for the words “one hundred rupees” and “three
of section hundred rupees”, the words “five hundred rupees” and “one thousand and five hundred
177.
rupees” shall respectively be substituted.
Insertion of 59. After section 177 of the principal Act, the following section shall be inserted,
section 177A. namely:—

Penalty for “177A. Whoever contravenes the regulations made under section 118, shall be
contravention punishable with fine which shall not be less than five hundred rupees, but may extend
of regulations
under section
to one thousand rupees.”.
118.

Amendment 60. In section 178 of the principal Act, in sub-section (3), in clause (b), for the words
of section “two hundred rupees”, the words “five hundred rupees” shall be substituted.
178.

Amendment 61. In section 179 of the principal Act,—

of section
179. (i) in sub-section (1), for the words "five hundred rupees", the words “two
thousand rupees” shall be substituted;
(ii) in sub-section (2), for the words "five hundred rupees", the words “two
thousand rupees” shall be substituted.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 33

62. In section 180 of the principal Act, for the words "which may extend to one thousand Amendment
rupees", the words “of five thousand rupees” shall be substituted. of section
180.
63. In section 181 of the principal Act, for the words "which may extend to five hundred Amendment
rupees", the words “of five thousand rupees” shall be substituted. of section
181.

64. In section 182 of the principal Act,— Amendment

of section
(i) in sub-section (1), for the words "which may extend to five hundred rupees", 182.
the words “of ten thousand rupees” shall be substituted;
(ii) in sub-section (2), for the words "one hundred rupees", the words
“ten thousand rupees” shall be substituted.
65. For section 182A of the principal Act, the following sections shall be substituted, Substitution of
namely:— new section
for section
182A.
“182A. (1) Whoever, being a manufacturer, importer or dealer of motor vehicles, Punishment
sells or delivers or alters or offers to sell or deliver or alter, a motor vehicle that is in for offences
relating to
contravention of the provisions of Chapter VII or the rules and regulations made construction,
thereunder, shall be punishable with imprisonment for a term which may extend to one maintenance,
year, or with fine of one lakh rupees per such motor vehicle or with both: sale and
alteration of
Provided that no person shall be convicted under this section if he proves that, motor
at the time of sale or delivery or alteration or offer of sale or delivery or alteration of vehicles and
components.
such motor vehicle, he had disclosed to the other party the manner in which such
motor vehicle was in contravention of the provisions of Chapter VII or the rules and
regulations made thereunder.
(2) Whoever, being a manufacturer of motor vehicles, fails to comply with the
provisions of Chapter VII or the rules and regulations made thereunder, shall be
punishable with imprisonment for a term which may extend to one year or with fine
which may extend to one hundred crore rupees or with both.
(3) Whoever, sells or offers to sell, or permits the sale of any component of a
motor vehicle which has been notified as a critical safety component by the Central
Government and which does not comply with Chapter VII or the rules and regulations
made thereunder shall be punishable with imprisonment for a term which may extend to
one year or with fine of one lakh rupees per such component or with both.
(4) Whoever, being the owner of a motor vehicle, alters a motor vehicle, including
by way of retrofitting of motor vehicle parts, in a manner not permitted under the Act
or the rules and regulations made thereunder shall be punishable with imprisonment
for a term which may extend to six months, or with fine of five thousand rupees per
such alteration or with both.
182B.Whoever contravenes the provisions of section 62A, shall be punishable Punishment
with fine which shall not be less than five thousand rupees, but may extend to ten for
contravention
thousand rupees.”. of section
62A.

66. In section 183 of the principal Act,— Amendment

of section
(i) in sub-section (1),— 183.

(a) after the words “Whoever drives”, the words “or causes any person
who is employed by him or subjects someone under his control to drive” shall be
inserted;
(b) for the words "with fine which extend to four hundred rupees, or, if
having been previously convicted of an offence under this sub-section is again
 34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

convicted of an offence under this sub-section, with fine which may extend to
one thousand rupees", the following shall be substituted, namely:—
“in the following manner, namely:—
(i) where such motor vehicle is a light motor vehicle with fine
which shall not be less than one thousand rupees but may extend to
two thousand rupees;
(ii) where such motor vehicle is a medium goods vehicle or a
medium passenger vehicle or a heavy goods vehicle or a heavy
passenger vehicle with fine which shall not be less than two
thousand rupees, but may extend to four thousand rupees; and
(iii) for the second or any subsequent offence under this
sub-section the driving licence of such driver shall be impounded
as per the provisions of the sub-section (4) of section 206.”.
(ii) sub-section (2) shall be omitted.
(iii) in sub-section (3), after the word "mechanical", the words "or electronic"
shall be inserted.
(iv) in sub-section (4), for the word, brackets and figure “sub-section (2)”, the
word, brackets and figure “sub-section (1)” shall be substituted.
Amendment 67. In section 184 of the principal Act,—
of section
184. (i) after the words “dangerous to the public”, the words “or which causes a
sense of alarm or distress to the occupants of the vehicle, other road users, and
persons near roads,” shall be inserted;
(ii) for the words “which may extend to six months or with fine which may extend
to one thousand rupees”, the words “which may extend to one year but shall not be
less than six months or with fine which shall not be less than one thousand rupees but
may extend to five thousand rupees, or with both” shall be substituted;
(iii) for the words “which may extend to two thousand rupees”, the words
“of ten thousand rupees” shall be substituted;
(iv) the following Explanation shall be inserted, namely:—
“Explanation.—For the purpose of this section,—
(a) jumping a red light;
(b) violating a stop sign;
(c) use of handheld communications devices while driving;
(d) passing or overtaking other vehicles in a manner contrary to law;
(e) driving against the authorised flow of traffic; or
(f) driving in any manner that falls far below what would be expected
of a competent and careful driver and where it would be obvious to a
competent and careful driver that driving in that manner would be
dangerous,
shall amount to driving in such manner which is dangerous to the public.”.
Amendment 68. In section 185 of the principal Act,—
of section
185. (i) in clause (a), after the words “breath analyser,”, the words “or in any other
test including a laboratory test,” shall be inserted;
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 35

(ii) for the words “which may extend to two thousand rupees”, the words
“of ten thousand rupees” shall be substituted;
(iii) the words “ if committed within three years of the commission of the previous
similar offence,” shall be omitted;
(iv) for the words “which may extend to three thousand rupees”, the words
“of fifteen thousand rupees” shall be substituted;
(v) for the Explanation, the following Explanation shall be substituted, namely:–
'Explanation.—For the purposes of this section, the expression “drug”
means any intoxicant other than alcohol, natural or synthetic, or any natural
material or any salt, or preparation of such substance or material as may be
notified by the Central Government under this Act and includes a narcotic drug
and psychotropic substance as defined in clause (xiv) and clause (xxiii) of
61 of 1985. section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985.'.
69. In section 186 in the principal Act, for the words “two hundred rupees” and “five Amendment
hundred rupees”, the words “one thousand rupees” and “two thousand rupees” shall of section
186.
respectively be substituted.
70. In section 187 of the principal Act,— Amendment
of section
(i) for the brackets and letter “(c)” the brackets and letter “(a)” shall be 187.
substituted;
(ii) for the words "three months", the words "six months" shall be substituted;
(iii) for the words “which may extend to five hundred rupees”, the words
“of five thousand rupees” shall be substituted;
(iv) for the words "six months", the words "one year" shall be substituted; and
(v) for the words “which may extend to one thousand rupees”, the words “of ten
thousand rupees” shall be substituted.
71. In section 189 of the principal Act,— Amendment
of section
(i) for the words “one month”, the words “three months” shall be substituted; 189.

(ii) for the words “which may extend to five hundred rupees”, the words “of five
thousand rupees” shall be substituted;
(iii) after the words "with both", the words, "and for a subsequent offence shall
be punishable with imprisonment for a term which may extend to one year, or with fine
of ten thousand rupees; or with both." shall be inserted.
72. In section 190 of the principal Act,— Amendment
of section
(i) in sub-section (1),— 190.

(a) for the words “which may extend to two hundred and fifty rupees”, the
words “of one thousand five hundred rupees” shall be substituted;
(b) for the words “which may extend to one thousand rupees”, the words
“of five thousand rupees” shall be substituted; and
(c) after the words "with both", the words “and for a subsequent offence
shall be punishable with imprisonment for a term which may extend to six months,
or with a fine of ten thousand rupees for bodily injury or damage to property”
shall be inserted.
(ii) in sub-section (2),—
(a) for the words “a fine of one thousand rupees”, the words “imprisonment
for a term which may extend to three months, or with fine which may extend to
 36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

ten thousand rupees or with both and he shall be disqualified for holding licence
for a period of three months” shall be substituted; and
(b) for the words “a fine of two thousand rupees”, the words “imprisonment
for a term which may extend to six months, or with fine which may extend to ten
thousand rupees or with both” shall be substituted;
(iii) in sub-section (3),—
(a) for the words “which may extend to three thousand rupees”, the words
“with a fine of ten thousand rupees and he shall be disqualified for holding
licence for a period of three months” shall be substituted; and
(b) for the words “which may extend to five thousand rupees”, the words
“of twenty thousand rupees” shall be substituted.
Omission of 73. Section 191of the principal Act shall be omitted.
section 191.

Amendment 74. In section 192 of the principal Act, the following Explanation shall be inserted,
of section namely:—
192.
“Explanation.—Use of a motor vehicle in contravention of the provisions of
section 56 shall be deemed to be a contravention of the provisions of section 39 and
shall be punishable in the same manner as provided in sub-section (1).”.
Amendment 75. In section 192A of the principal Act, in sub-section (1),—
of section
192A. (i) after the words “for the first offence with”, the words “imprisonment for a
term which may extend to six months and” shall be inserted;
(ii) for the words “which may extend to five thousand rupees but shall not be
less than two thousand rupees”, the words “of ten thousand rupees” shall be
substituted;
(iii) for the words “three months”, the words “six months” shall be substituted;
(iv) for the words “which may extend to ten thousand rupees but shall not be
less than five thousand rupees”, the words “of ten thousand rupees” shall be
substituted.
Insertion of 76. After section 192A of the principal Act, the following section shall be inserted,
new section namely:—
192B.

Offences “192B. (1) Whoever, being the owner of a motor vehicle, fails to make an
relating to application for registration of such motor vehicle under sub-section (1) of section 41
registration.
shall be punishable with fine of five times the annual road tax or one-third of the
lifetime tax of the motor vehicle whichever is higher.
(2) Whoever, being a dealer, fails to make an application for the registration of a
new motor vehicle under the second proviso to sub-section (1) of section 41 shall be
punishable with fine of fifteen times the annual road tax or the lifetime tax of the motor
vehicle whichever is higher.
(3) Whoever, being the owner of a motor vehicle, obtains a certificate of
registration for such vehicle on the basis of documents which were, or by representation
of facts which was, false in any material particular, or the engine number or the chassis
number embossed thereon are different from such number entered in the certificate of
registration shall be punishable with imprisonment for a term which shall not be less
than six months but may extend to one year and with fine equal to ten times the amount
of the annual road tax or two-third the lifetime tax of the motor vehicle, whichever is
higher.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 37

(4) Whoever, being a dealer, obtains a certificate of registration for such vehicle
on the basis of documents which were, or by representation of facts which was, false
in any material particular, or the engine number or the chassis number embossed
thereon are different from such number entered in the certificate of registration shall be
punishable with imprisonment for a term which shall not be less than six months but
may extend to one year and with fine equal to ten times the amount of annual road tax
or two-third the lifetime tax of the motor vehicle, whichever is higher.”.
77. In the principal Act,— Amendment
of section
(A) in section 193, in the marginal heading, for the words "agents and canvassers", 193.
the words "agents, canvassers and aggregators" shall be substituted;
(B) section 193 shall be numbered as sub-section (1) thereof, and—
(i) in sub-section (1) as so numbered,-—
(a) for the words “which may extend to one thousand rupees”, the
words “of one thousand rupees” shall be substituted;
(b) for the words “which may extend to two thousand rupees”, the
words “of two thousand rupees” shall be substituted;
(ii) after sub-section (1) as so numbered, the following sub-sections shall
be inserted, namely:—
“(2) Whoever engages himself as an aggregator in contravention of
the provisions of section 93 or of any rules made thereunder shall be
punishable with fine up to one lakh rupees but shall not be less than
twenty-five thousand rupees.
(3) Whoever, while operating as an aggregator contravenes a
condition of the licence granted under sub-section (1) of section 93, not
designated by the State Government as a material condition, shall be
punishable with fine of five thousand rupees.”.
78. In section 194 of the principal Act,— Amendment
of section
(i) in sub-section (1),— 194.

(a) the word “minimum” shall be omitted;

(b) for the words “of two thousand rupees and an additional amount of
one thousand rupees per tonne of excess load”, the words “of twenty thousand
rupees and an additional amount of two thousand rupees per tonne of excess
load” shall be substituted;
(c) the following proviso shall be inserted, namely:—
“Provided that such motor vehicle shall not be allowed to move
before such excess load is removed or is caused or allowed to be removed
by the person in control of such motor vehicle.”;
(ii) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle
to be driven when such motor vehicle is loaded in such a manner that the load or
any part thereof or anything extends laterally beyond the side of the body or to
the front or to the rear or in height beyond the permissible limit shall be punishable
with a fine of twenty thousand rupees, together with the liability to pay charges
for off-loading of such load:
Provided that such motor vehicle shall not be allowed to move before
such load is arranged in a manner such that there is no extension of the load
 38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

laterally beyond the side of the body or to the front or to the rear or in height
beyond the permissible limit:
Provided further that nothing in this sub-section shall apply when such
motor vehicle has been given an exemption by the competent authority authorised
in this behalf, by the State Government or the Central Government, allowing the
carriage of a particular load.";
(iii) in sub-section (2), for the words, “which may extend to three thousand
rupees”, the words “of forty thousand rupees” shall be substituted.
Insertion of 79. After section 194 of the principal Act, the following sections shall be inserted,
new sections namely:—
194A, 194B,
194C, 194D,
194E and
194F.

Carriage of "194A. Whoever drives a transport vehicle or causes or allows a transport

excess vehicle to be driven while carrying more passengers than is authorised in the registration
passengers.
certificate of such transport vehicle or the permit conditions applicable to such transport
vehicle shall be punishable with a fine of two hundred rupees per excess passenger:
Provided that such transport vehicle shall not be allowed to move before the
excess passengers are off-loaded and an alternative transport is arranged for such
passengers.
Use of safety 194B. (1) Whoever drives a motor vehicle without wearing a safety belt or carries
belts and the passengers not wearing seat belts shall be punishable with a fine of one thousand
seating of
children.
rupees:
Provided that the State Government, may by notification in the Official Gazette,
exclude the application of this sub-section to transport vehicles to carry standing
passengers or other specified classes of transport vehicles.
(2) Whoever drives a motor vehicle or causes or allows a motor vehicle to be
driven with a child who, not having attained the age of fourteen years, is not secured
by a safety belt or a child restraint system shall be punishable with a fine of one
thousand rupees.
Penalty for 194C. Whoever drives a motor cycle or causes or allows a motor cycle to be
violation of driven in contravention of the provisions of section 128 or the rules or regulations
safety
measures for
made thereunder shall be punishable with a fine of one thousand rupees and he shall
motor cycle be disqualified for holding licence for a period of three months.
drivers and
pillion riders.
Penalty for 194D. Whoever drives a motor cycle or causes or allows a motor cycle to be
not wearing driven in contravention of the provisions of section 129 or the rules or regulations
protective
headgear.
made thereunder shall be punishable with a fine of one thousand rupees and he shall
be disqualified for holding licence for a period of three months.
Failure to 194E.Whoever while driving a motor vehicle fails to draw to the side of the road,
allow free on the approach of a fire service vehicle or of an ambulance or other emergency vehicle
passage to
emergency as may be specified by the State Government, shall be punishable with imprisonment
vehicles. for a term which may extend to six months, or with a fine of ten thousand rupees or with
both.
Use of horns 194F. Whoever—
and silence
zones. (a) while driving a motor vehicle—
(i) sounds the horn needlessly or continuously or more than
necessary to ensure safety, or
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 39

(ii) sounds the horn in an area with a traffic sign prohibiting the use
of a horn, or
(b) drives a motor vehicle which makes use of a cut-out by which exhaust
gases are released other than through the silencer,
shall be punishable with a fine of one thousand rupees and for a second or subsequent
offence with a fine of two thousand rupees.”.
80. Section 195 of the principal Act shall be omitted. Omission of
section 195.

81. In section 196 of the principal Act,— Amendment

of section
(i) after the words “shall be punishable”, the words “for the first offence” shall 196.
be inserted;
(ii) for the words “which may extend to one thousand rupees”, the words “of
two thousand rupees,” shall be substituted; and
(iii) after the words "with both", the words ", and for a subsequent offence shall
be punishable with imprisonment for a term which may extend to three months, or with
fine of four thousand rupees, or with both." shall be inserted.
82. In section 197 of the principal Act,— Amendment
of section
(i) in sub-section (1), for the words “which may extend to five hundred rupees”, 197.
the words “of five thousand rupees” shall be substituted;
(ii) in sub-section (2), for the words “which may extend to five hundred rupees”,
the words “of five thousand rupees” shall be substituted.
83. In section 198 of the principal Act, for the words “with fine which may extend to Amendment
of section
one hundred rupees”, the words “with fine of one thousand rupees” shall be substituted.
198.

84. After section 198 of the principal act, the following section shall be inserted, Insertion of
new section
namely:—
198A
'198A. (1) Any designated authority, contractor, consultant or concessionaire Failure to
responsible for the design or construction or maintenance of the safety standards of comply with
standards for
the road shall follow such design, construction and maintenance standards, as may be road design,
prescribed by the Central Government from time to time. construction
and
(2) Where failure on the part of the designated authority, contractor, consultant maintenance.

or concessionaire responsible under sub-section (1) to comply with standards for

road design, construction and maintenance, results in death or disability, such authority
or contractor or concessionaire shall be punishable with a fine which may extend
to one lakh rupees and the same shall be paid to the Fund constituted under
section 164B.

(3) For the purposes of sub-section (2), the court shall in particular have regard
to the following matters, namely:—

(a) the characteristics of the road, and the nature and type of traffic which
was reasonably expected to use it as per the design of road;

(b) the standard of maintenance norms applicable for a road of that character
and use by such traffic;
 40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(c) the state of repair in which road users would have expected to find the
road;
(d) whether the designated authority responsible for the maintenance of
the road knew, or could reasonably have been expected to know, that the condition
of the part of the road to which the action relates was likely to cause danger to
the road users;
(e) whether the designated authority responsible for the maintenance of
the road could not reasonably have been expected to repair that part of the road
before the cause of action arose;
(f) whether adequate warning notices through road signs, of its condition
had been displayed; and
(g) such other matters as may be prescribed by the Central Government.
Explanation.—For the purposes of this section, the term “contractor” shall
include sub-contractors and all such persons who are responsible for any stage in the
design, construction and maintenance of a stretch of road.’.
Insertion of 85. After section 199 of the principal Act, the following sections shall be inserted,
new sections namely:—
199A and
199B.

Offences by “199A. (1) Where an offence under this Act has been committed by a juvenile,
juveniles. the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be
guilty of the contravention and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing in this sub-section shall render such guardian or owner
liable to any punishment provided in this Act, if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
Explanation.—For the purposes of this section, the Court shall presume that
the use of the motor vehicle by the juvenile was with the consent of the guardian of
such juvenile or the owner of the motor vehicle, as the case may be.
(2) In addition to the penalty under sub-section (1), such guardian or owner
shall be punishable with imprisonment for a term which may extend to three years and
with a fine of twenty-five thousand rupees.
(3) The provisions of sub-section (1) and sub-section (2) shall not apply to such
guardian or owner if the juvenile committing the offence had been granted a learner's
licence under section 8 or a driving licence and was operating a motor vehicle which
such juvenile was licensed to operate.
(4) Where an offence under this Act has been committed by a juvenile, the
registration of the motor vehicle used in the commission of the offence shall be cancelled
for a period of twelve months.
(5) Where an offence under this Act has been committed by a juvenile, then,
notwithstanding section 4 or section 7, such juvenile shall not be eligible to be granted
a driving licence under section 9 or a learner's licence under section 8 until such
juvenile has attained the age of twenty-five years.
(6) Where an offence under this Act has been committed by a juvenile, then
such juvenile shall be punishable with such fines as provided in the Act while any
custodial sentence may be modified as per the provisions of the Juvenile Justice
Act, 2000. 56 of 2000.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 41

199B. The fines as provided in this Act shall be increased by such amount not Revision of
exceeding ten per cent. in value of the existing fines, on an annual basis on 1st day of fines.
April of each year from the date of commencement of the Motor Vehicles (Amendment)
Act, 2019, as may be notified by the Central Government.”.
86. In section 200 of the principal Act,— Amendment
of section
(i) in sub-section (1),— 200.

(a) for the words, figures and brackets “punishable under section 177,
section 178, section 179, section 180, section 181, section 182, sub-section (1) or
sub-section (2) of section 183, section 184, section 186, section 189, sub-section
(2) of section 190, section 191, section 192, section 194, section 196, or section
198,”, the words, brackets, figures and letters “punishable under section 177,
section 178, section 179, section 180, section 181, section 182, sub-section (1) or
sub-section (3) or sub-section (4) of section 182A, section 182B, sub-section (1)
or sub-section (2) of section 183, section 184 only to the extent of use of handheld
communication devices, section 186, section 189, sub-section (2) of section 190,
section 192, section 192A, section 194, section 194A, section 194B, section
194C, section 194D, section 194E, section 194F, section 196, section 198,” shall
be substituted;
(b) the following proviso shall be inserted, namely:—
"Provided that the State Government may, in addition to such
amount, require the offender to undertake a period of community service.";
(ii) after sub-section (2), the following provisos shall be inserted, namely:—
“Provided that notwithstanding compounding under this section, such
offence shall be deemed to be a previous commission of the same offence for the
purpose of determining whether a subsequent offence has been committed:
Provided further that compounding of an offence will not discharge the
offender from proceedings under sub-section (4) of section 206 or the obligation
to complete a driver refresher training course, or the obligation to complete
community service, if applicable.”.
87. In section 201 of the principal Act,— Amendment
of section
(i) in sub-section (1),— 201.

(a) the word “disabled” shall be omitted;

(b) for the words “fifty rupees per hour”, the words “five hundred rupees”
shall be substituted;
(c) in the second proviso, for the words “a Government Agency, towing
charges”, the words “an agency authorised by the Central Government or State
Government, removal charges” shall be substituted;
(ii) in sub-section (2), for the words “towing charges”, the words “removal
charges” shall be substituted;
(iii) after sub-section (2), the following sub-section shall be inserted, namely:—
“(3) sub-section (1) shall not apply where the motor vehicle has suffered
an unforeseen breakdown and is in the process of being removed.";
(iv) after sub-section (3), the following Explanation shall be inserted, namely:—
'Explanation.—For the purposes of this section, “removal charges”
includes any costs involved in the removal of the motor vehicle from one location
to another and also includes any costs related to storage of such motor vehicle.'.
 42 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 88. In section 206 of the principal Act, after sub-section (3), the following sub-section
of section shall be inserted, namely:—
206.
“(4) A police officer or other person authorised in this behalf by the State
Government shall, if he has reason to believe that the driver of a motor vehicle has
committed an offence under any of sections 183, 184, 185, 189, 190, 194C, 194D, or 194E,
seize the driving licence held by such driver and forward it to the licensing authority
for disqualification or revocation proceedings under section 19:
Provided that the person seizing the licence shall give to the person surrendering
the licence a temporary acknowledgement therefor, but such acknowledgement shall
not authorise the holder to drive until the licence has been returned to him.”.
Insertion of 89. After section 210 of the principal Act, the following sections shall be inserted,
new sections namely:—
210A, 210B,
210C and
210D.
Power of State “210A. Subject to conditions made by the Central Government, a State
Government Government, shall, by notification in the Official Gazette, specify a multiplier, not less
to increase
penalties.
than one and not greater than ten, to be applied to each fine under this Act and such
modified fine, shall be in force in such State and different multipliers may be applied to
different classes of motor vehicles as may be classified by the State Government for
the purpose of this section.

Penalty for 210B. Any authority that is empowered to enforce the provisions of this Act
offence shall, if such authority commits an offence under this Act, shall be liable for twice the
committed by
an enforcing
penalty corresponding to that offence under this Act.
authority.
Power of 210C. The Central Government may make rules for—
Central
Government (a) design, construction and maintenance standards for National highways;
to make rules.
(b) such other factors as may be taken into account by the Court under
sub-section (3) of section 198A;
(c) any other matter which is, or has to be, prescribed by the Central
Government.
Power of State 210D. The State Government may make rules for design, construction and
Government maintenance standards for roads other than national highways, and for any other
to make rules.
matter which is, or may be, prescribed by the State Government.”.
Insertion of 90. After section 211 of the principal Act, the following section shall be inserted,
new section namely:—
211A.

Use of “211A. (1) Where any provision of this Act or the rules and regulations made
electronic thereunder provide for—
forms and
documents. (a) the filing of any form, application or any other document with any
office, authority, body or agency owned or controlled by the Central Government
or the State Government in a particular manner;
(b) the issue or grant of any licence, permit, sanction, approval or
endorsement, by whatever name called in a particular manner; or
(c) the receipt or payment of money in a particular manner,
then notwithstanding anything contained in such provision, such requirement shall
be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the
case may be, is effected by means of such electronic form as may be prescribed by the
Central Government or the State Government, as the case may be.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 43

(2) The Central Government or the State Government shall, for the purpose of
sub-section (1), prescribe—
(a) the manner and format in which such electronic forms and documents
shall be filed, created or issued; and
(b) the manner or method of payment of any fee or charges for filing,
creation or issue of any electronic document under clause (a).”.
91. In section 212 of the principal Act,— Amendment
of section
(i) in sub-section (4),— 212.
(a) after the words, brackets and figures “the proviso to sub-section (1) of
section 112”, the word and figures “section 118" shall be inserted;
(b) after the words, brackets, figures and letter “sub-section (4) of
section 163A”, the words, figures and letter “section 164, section 177A” shall be
inserted;
(ii) after sub-section (4), the following sub-section shall be inserted, namely:—
“(5) Every notification issued by the State Government under
section 210A shall be laid, as soon as may be after it is made, before each House
of the State Legislature where it consists of two Houses, or where such Legislature
consists of one House, before that House, 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, the House agrees or both Houses
agree, as the case may be, in making any modification in the notification or the
House agrees or both Houses agree, as the case may be, that the notification
should not be issued, the notification shall thereafter have effect only in such
modified form or be of no effect as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that notification.”.
92. After section 215 of the principal Act, the following sections shall be inserted, Insertion of
namely:— new sections
215A, 215B,
215C and
215D.

“215A. Notwithstanding anything contained in this Act,— Power of

Central
(a) the Central Government shall have the power to delegate any power or Government
functions that have been conferred upon it by the Act to any public servant or and State
public authority and authorise such public servant or public authority to discharge Government
to delegate.
any of its powers, functions and duties under this Act;
(b) the State Government shall have the power to delegate any power or
functions that have been conferred upon it by the Act to any public servant or
public authority and authorise such public servant or public authority to discharge
any of its powers, functions and duties under this Act.
215B. (1) The Central Government shall, by notification in the Official Gazette, National Road
constitute a National Road Safety Board consisting of a Chairman, such number of Safety Baord.
representatives from the State Governments, and such other members as it may consider
necessary and on such terms and conditions as may be prescribed by the Central
Government.
(2) The National Board shall render advice to the Central Government or State
Government, as the case may be, on all aspects pertaining to road safety and traffic
management including, but not limited to,—
 44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(a) the standards of design, weight, construction, manufacturing process,

operation and maintenance of motor vehicles and of safety equipment;
(b) the registration and licensing of motor vehicles;
(c) the formulation of standards for road safety, road infrastructure and
control of traffic;
(d) the facilitation of safe and sustainable utilisation of road transport
ecosystem;
(e) the promotion of new vehicle technology;
(f) the safety of vulnerable road users;
(g) programmes for educating and sensitising drivers and other road
users; and
(h) such other functions as may be prescribed by the Central Government
from time to time.
Power of 215C. (1) The Central Government may make rules for the purposes of carrying
Central into effect the provisions of this Chapter.
Government
to make rules. (2) Without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the use of electronic forms and means for the filing of documents, issue
or grant of licence, permit, sanction, approval or endorsements and the receipt or
payment of money as referred to in section 211A;
(b) the minimum qualifications which the Motor Vehicles Department
officers or any class thereof shall be required to possess for appointment as
such, as referred to in sub-section (4) of section 213;
(c) the terms and conditions of appointment of Chairman and Members of
the National Road Safety Board under sub-section (1) of section 215B;
(d) the other functions of the National Road Safety Board under
sub-section (2) of section 215B; and
(e) any other matter which is to be, or may be, prescribed, or in respect of
which provision is to be made by rules by the Central Government.
Power of State 215D. (1) The State Government may make rules for the purposes of carrying into
Government effect, the provisions of this Chapter, other than the matters specified in section 215C.
to make rules.
(2) Without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the use of electronic forms and means for the filing of documents, issue
or grant of licence, permit, sanction, approval or endorsements and the receipt or
payment of money as referred to in section 211A;
(b) the duties and functions of the officers of the Motor Vehicle
Department, the powers to be exercised by such officers (including the powers
exercisable by police officers under this Act) and the conditions governing the
exercise of such powers, the uniform to be worn by them, the authorities to
which they shall be subordinate as referred to in sub-section (3) of section 213;
(c) such other powers as may be exercised by officers of the Motor Vehicles
Department as referred to in clause (f) of sub-section (5) of section 213; and
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 45

(d) any other matter which is to be, or may be, prescribed, or in respect of
which provision is to be made by rules by the State Government.”.
93. In the principal Act, the Second Schedule shall be omitted. Omission of
Second
Schedule.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
BANSHI Digitally signed
by BANSHI DHAR
MGIPMRND—2599GI(S3)—09-08-2019. DHAR DUBEY
Date: 2019.08.09
DUBEY 19:27:48 +05'30'
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 2841] ubZ fnYyh] cq/okj] vxLr 28] 2019@Hkknz 6] 1941
No. 2841] NEW DELHI, WEDNESDAY, AUGUST 28, 2019/BHADRA 6, 1941

सड़क परवहन और राजमाग मंालय

अिधसूचना

नई दली, 28 अगत, 2019
(अ).—क ीय सरकार, मोटर यान (संशोधन) अिधिनयम, 2019 (2019 का 32) क# धारा 1 क#
का.आ. 3110(अ).
3110(अ).—

उप-धारा (2) $ारा %द& शि'य( का %योग करते *ए तारीख 1 िसतंबर, 2019 को ऐसी तारीख के /प म िनयत करती है
िजसको उ' अिधिनयम के िन3िलिखत उपबंध %वृ& ह(गे, अथा8त:् —
:. सं. धाराएं

1. धारा 2 और 3;

2. धारा 4 के खंड (i) से खंड (iv) तक (दोन( खंड सि=मिलत);

3. धारा 5 के खंड (i) से खंड (iii) तक (दोन( खंड सि=मिलत);
4. धारा 6;

5. धारा 7 का खंड (i);

6. धारा 9 और धारा 10;

7. धारा 14;

8. धारा 16;

9. धारा 17 के खंड (ii);

10. धारा 20;

11. धारा 21 का खंड (ii);

4451 GI/2019 (1)

2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

12. धारा 22;

13. धारा 24;

14. धारा 27;

15. धारा 28 का खंड (i);

16. धारा 29 से धारा 35 (दोन( धाराएं सि=मिलत);

17. धारा 37 और धारा 38;

18. धारा 41 और धारा 42;

19. धारा 43;

20. धारा 46;

21. धारा 48 और धारा 49;

22. धारा 58 से धारा 73 तक (दोन( धाराएं सि=मिलत) ;

23. धारा 75;

24. धारा 77 के खंड (ख) का उपखंड (i);

25. धारा 78 से धारा 87 तक (दोन( धाराएं सि=मिलत);

26. धारा 89;

27. धारा 91 के खंड (i) का उपखंड (क) और खंड (ii); और

28. धारा 92.

[सं. आरटी-11012/02/2019-एमवीएल ( पाट8 2)]

ि%यांक भारती, संयु' सिचव

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

NOTIFICATION
New Delhi, the 28th August, 2019
S.O. 3110(E).—In exercise of the powers conferred by sub-section (2) of section 1 of the Motor
Vehicles (Amendment) Act, 2019 (32 of 2019), the Central Government hereby appoints the 1st day of
September, 2019 as the date on which the following provisions of the said Act shall come into force,
namely:—
Sl. No. Sections
1. Section 2 and 3;
2. Clauses (i) to (iv) of section 4 (both inclusive);
3. Clauses (i) to (iii) of section 5 (both inclusive);
4. Section 6;
5. Clause (i) of section 7 ;
6. Section 9 and 10;
7. Section 14;
¹Hkkx IIµ[k.M 3(ii)] Hkkjr dk jkti=k % vlk/kj.k 3

8. Section 16;
9. Clause (ii) of section 17;
10. Section 20;
11. Clause (ii) of section 21;
12. Section 22;
13. Section 24;
14. Section 27;
15. Clause (i) of section 28;
16. Section 29 to 35 (both inclusive);
17. Section 37 and 38;
18. Section 41 and 42;
19. Section 43;
20. Section 46;
21. Section 48 and 49;
22. Section 58 to 73 (both inclusive);
23. Section 75;
24. Sub-clause (i) of clause (B) of section 77;
25. Section 78 to 87 (both inclusive);
26. Section 89;
27. Sub-clause (a) of clause (i) and clause (ii) of section 91; and
28. Section 92.

[No. RT-11012/02/2019-MVL (Pt. 2)]

PRIYANK BHARTI, Jt. Secy.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. MANOJ Digitally signed
by MANOJ
KUMAR KUMAR VERMA
Date: 2019.08.28
VERMA 18:02:11 +05'30'
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 2880] ubZ fnYyh] 'kqØokj] vxLr 30] 2019@Hkknz 8] 1941
No. 2880] NEW DELHI, FRIDAY, AUGUST 30, 2019/BHADRA 8, 1941

सड़क परवहन और राजमाग मंालय

अिधसूचना

नई दली, 30 अगत, 2019
का.आ. 3147(अ).
3147(अ).—
(अ).—क ीय सरकार, मोटर यान (संशोधन) अिधिनयम, 2019 (2019 का 32) क# धारा 1
क# उपधारा (2) &ारा 'द( शि)य* का 'योग करते ,ए तारीख 1 िसतंबर, 2019 को ऐसी तारीख के 1प म
िनयत करती है िजसको उ) अिधिनयम क# धारा 1 'वृ( होगी।
[फा.सं. आरटी-11012/02/2019-एमवीएल (पाट8 2)]

ि'यांक भारती, संयु) सिचव

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

NOTIFICATION
New Delhi, the 30th August, 2019
S.O. 3147(E).— In exercise of the powers conferred by sub-section (2) of section 1 of the Motor Vehicles
(Amendment) Act, 2019 (32 of 2019), the Central Government hereby appoints the 1st day of September, 2019 as the date
on which section 1 of the said Act shall come into force.
[F.No. RT-11012/02/2019-MVL( Pt. 2)]
PRIYANK BHARTI, Jt. Secy.

4501 GI/2019
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. MANOJ Digitally signed
by MANOJ
KUMAR KUMAR VERMA
Date: 2019.08.30
VERMA 22:27:48 +05'30'
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 2887] ubZ fnYyh] 'kqØokj] vxLr 30] 2019@Hkknz 8] 1941
No. 2887] NEW DELHI, FRIDAY, AUGUST 30, 2019/BHADRA 8, 1941

िविध और याय
याय मंालय

(िविध काय िवभाग)

अिधसूचना

नई दली, 30 अगत, 2019
का.आ. 3154
3154(अ).
54(अ).—
(अ).— के ीय सरकार, मायथम् और सुलह (संशोधन) अिधिनयम, 2019 (2019 का 33)
क धारा 1 क उपधारा (2) ारा द!त शि$तय% का योग करते 'ए 30 अगत, 2019 को ऐसी तारीख के +प म,
िनयत करती है िजसको उ$त अिधिनयम क िन0निलिखत धारा1 के उपबंध वृ!त ह%गे:-
(1) धारा 1;
(2) धारा 4 से धारा 9 [िजसके अंतग7त दोन% सि0मिलत ह8];
(3) धारा 11 से धारा 13 [िजसके अंतग7त दोन% सि0मिलत ह8];
(4) धारा 15 ।

[फा. सं. एच-11018/2/2017- शा.- III (िव.का.)]

डा. राजीव मिण, संयु$त सिचव एवं िविध सलाहकार

4508 GI/2019 (i)

2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

MINISTRY OF LAW AND JUSTICE

(Department of Legal Affairs)
NOTIFICATION
New Delhi, the 30th August, 2019

S.O. 3154(E).—In the exercise of the powers conferred by sub-section (2) of section 1 of the
Arbitration and Conciliation (Amendment) Act, 2019 (33 of 2019), the Central Government hereby appoints
the 30th August, 2019 as the date on which the provisions of the following sections of the said Act shall come
into force:—

(1) section 1;
(2) section 4 to section 9 [both inclusive];
(3) section 11 to section 13 [both inclusive];
(4) section 15.

[F.No. H-11018/2/2017-Admn.-III(LA)]

Dr. RAJIV MANI, Jt. Secy. and Legal Adviser

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. MANOJ Digitally signed
by MANOJ
KUMAR KUMAR VERMA
Date: 2019.08.31
VERMA 16:28:04 +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 52] ubZ fnYyh] 'kqØ okj] vxLr 9] 2019@ Jko.k 18] 1941 ¼'kd½
No. 52] NEW DELHI, FRIDAY, AUGUST 9, 2019/SHRAVANA 18, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 9th August, 2019/Shravana 18, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
9th August, 2019, and is hereby published for general information:—

THE ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2019

NO. 33 OF 2019
[9th August, 2019.]
An Act further to amend the Arbitration and Conciliation Act, 1996.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

1. (1) This Act may be called the Arbitration and Conciliation (Amendment) Act, 2019. Short title and
commencement.
(2) Save as otherwise provided in this Act, it shall come into force on such date as the
Central Government may, by notification in the Official Gazette, appoint and different dates
may be appointed for different provisions of this Act and any reference in any such provision
to the commencement of this Act shall be construed as a reference to the coming into force
of that provision.
26 of 1996. 2. In the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Amendment
principal Act), in section 2,— of section 2.

(i) in sub-section (1),––

(A) after clause (c), the following clause shall be inserted, namely:––
‘(ca) “arbitral institution’’ means an arbitral institution designated
by the Supreme Court or a High Court under this Act;’;
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(B) after clause (h), the following clauses shall be inserted, namely:––
‘(i) “prescribed” means prescribed by rules made under this Act;
(j) “regulations” means the regulations made by the Council under
this Act.’;
(ii) in sub-section (2), in the proviso, for the word, brackets and letter “clause
(a)”, the word, brackets and letter “clause (b)” shall be substituted.
Amendment 3. In section 11 of the principal Act,—
of section 11.
(i) after sub-section (3), the following sub-section shall be inserted, namely:—
“(3A) The Supreme Court and the High Court shall have the power to
designate, arbitral institutions, from time to time, which have been graded by
the Council under section 43-I, for the purposes of this Act:
Provided that in respect of those High Court jurisdictions, where no
graded arbitral institution are available, then, the Chief Justice of the concerned
High Court may maintain a panel of arbitrators for discharging the functions
and duties of arbitral institution and any reference to the arbitrator shall be
deemed to be an arbitral institution for the purposes of this section and the
arbitrator appointed by a party shall be entitled to such fee at the rate as
specified in the Fourth Schedule:
Provided further that the Chief Justice of the concerned High Court may,
from time to time, review the panel of arbitrators.”;
(ii) in sub-section (4), in the long line, for the portion beginning with “the
appointment shall be made” and ending with ‘‘designated by such Court”, the following
shall be substituted, namely:––
“the appointment shall be made, on an application of the party, by the
arbitral institution designated by the Supreme Court, in case of international
commercial arbitration, or by the High Court, in case of arbitrations other than
international commercial arbitration, as the case may be”;
(iii) in sub-section (5), for the portion beginning with ‘‘the appointment shall
be made” and ending with ‘‘designated by such Court”, the following shall be
substituted, namely:––
“the appointment shall be made on an application of the party in
accordance with the provisions contained in sub-section (4)”;
(iv) in sub-section (6), in the long line, for the portion beginning with ‘‘party
may request” and ending with ‘‘designated by such Court”, the following shall be
substituted, namely:––
“the appointment shall be made, on an application of the party, by the
arbitral institution designated by the Supreme Court, in case of international
commercial arbitration, or by the High Court, in case of arbitrations other than
international commercial arbitration, as the case may be”;
(v) sub-sections (6A) and (7) shall be omitted;
(vi) in sub-section (8), for the words “The Supreme Court or, as the case may
be, the High Court or the person or institution designated by such Court”, the words,
brackets and figures “The arbitral institution referred to in sub-sections (4), (5) and
(6)” shall be substituted;
(vii) in sub-section (9), for the words “the Supreme Court or the person or
institution designated by that Court”, the words “the arbitral institution designated
by the Supreme Court” shall be substituted;
(viii) sub-section (10) shall be omitted;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(ix) for sub-sections (11) to (14), the following sub-sections shall be substituted,
namely:—
“(11) Where more than one request has been made under sub-section (4)
or sub-section (5) or sub-section (6) to different arbitral institutions, the arbitral
institution to which the request has been first made under the relevant
sub-section shall be competent to appoint.
(12) Where the matter referred to in sub-sections (4), (5), (6) and (8) arise
in an international commercial arbitration or any other arbitration, the reference
to the arbitral institution in those sub-sections shall be construed as a reference
to the arbitral institution designated under sub-section (3A).
(13) An application made under this section for appointment of an
arbitrator or arbitrators shall be disposed of by the arbitral institution within a
period of thirty days from the date of service of notice on the opposite party.
(14) The arbitral institution shall determine the fees of the arbitral tribunal
and the manner of its payment to the arbitral tribunal subject to the rates
specified in the Fourth Schedule.
Explanation.—For the removal of doubts, it is hereby clarified that this
sub-section shall not apply to international commercial arbitration and in
arbitrations (other than international commercial arbitration) where parties have
agreed for determination of fees as per the rules of an arbitral institution.”.
4. In section 17 of the principal Act, in sub-section (1), the words and figures “or at Amendment
any time after the making of the arbitral award but before it is enforced in accordance with of section 17.
section 36” shall be omitted.
5. In section 23 of the principal Act, after sub-section (3), the following sub-section Amendment
shall be inserted, namely:–– of section 23.

“(4) The statement of claim and defence under this section shall be completed
within a period of six months from the date the arbitrator or all the arbitrators, as the
case may be, received notice, in writing, of their appointment.”.
6. In section 29A of the principal Act,— Amendment
of section
(a) for sub-section (1), the following sub-section shall be substituted, namely:— 29A.
“(1) The award in matters other than international commercial arbitration
shall be made by the arbitral tribunal within a period of twelve months from the
date of completion of pleadings under sub-section (4) of section 23:
Provided that the award in the matter of international commercial arbitration
may be made as expeditiously as possible and endeavour may be made to
dispose of the matter within a period of twelve months from the date of
completion of pleadings under sub-section (4) of section 23.’’;
(b) in sub-section (4), after the proviso, the following provisos shall be inserted,
namely:––
“Provided further that where an application under sub-section (5) is pending,
the mandate of the arbitrator shall continue till the disposal of the said application:
Provided also that the arbitrator shall be given an opportunity of being
heard before the fees is reduced.”.
7. In section 34 of the principal Act, in sub-section (2), in clause (a), for the words Amendment
“furnishes proof that”, the words “establishes on the basis of the record of the arbitral of section 34.
tribunal that” shall be substituted.
8. In section 37 of the principal Act, in sub-section (1), for the words “An appeal”, Amendment
the words “Notwithstanding anything contained in any other law for the time being in of section 37.
force, an appeal” shall be substituted.
 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Insertion of 9. After section 42 of the principal Act, the following sections shall be inserted,
new sections namely:––
42A and 42B.

Confidentiality “42A. Notwithstanding anything contained in any other law for the time being
of in force, the arbitrator, the arbitral institution and the parties to the arbitration
information.
agreement shall maintain confidentiality of all arbitral proceedings except award where
its disclosure is necessary for the purpose of implementation and enforcement of
award.
Protection of 42B. No suit or other legal proceedings shall lie against the arbitrator for anything
action taken which is in good faith done or intended to be done under this Act or the rules or
in good faith.
regulations made thereunder.”.
Insertion of 10. After Part I of the principal Act, the following Part shall be inserted, namely:––
new Part.
‘PART IA
ARBITRATION COUNCIL OF INDIA
Definitions. 43A. In this Part, unless the context otherwise requires,—
(a) “Chairperson” means the Chairperson of the Arbitration Council of
India appointed under clause (a) of sub-section (1) of section 43C;
(b) “Council” means the Arbitration Council of India established under
section 43B;
(c) “Member” means a Member of the Council and includes the
Chairperson.
Establishment 43B. (1) The Central Government shall, by notification in the Official Gazette,
and establish, for the purposes of this Act, a Council to be known as the Arbitration
incorporation
of Arbitration
Council of India to perform the duties and discharge the functions under this Act.
Council of (2) The Council shall be a body corporate by the name aforesaid, having
India.
perpetual succession and a common seal, with power, subject to the provisions of
this Act, to acquire, hold and dispose of property, both movable and immovable, and
to enter into contract, and shall, by the said name, sue or be sued.
(3) The head office of the Council shall be at Delhi.
(4) The Council may, with the prior approval of the Central Government, establish
offices at other places in India.
Composition 43C. (1) The Council shall consist of the following Members, namely:––
of Council.
(a) a person, who has been, a Judge of the Supreme Court or, Chief
Justice of a High Court or, a Judge of a High Court or an eminent person, having
special knowledge and experience in the conduct or administration of arbitration,
to be appointed by the Central Government in consultation with the Chief
Justice of India–Chairperson;
(b) an eminent arbitration practitioner having substantial knowledge and
experience in institutional arbitration, both domestic and international, to be
nominated by the Central Government–Member;
(c) an eminent academician having experience in research and teaching in
the field of arbitration and alternative dispute resolution laws, to be appointed
by the Central Government in consultation with the Chairperson–Member;
(d) Secretary to the Government of India in the Department of Legal
Affairs, Ministry of Law and Justice or his representative not below the rank of
Joint Secretary–Member, ex officio;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

(e) Secretary to the Government of India in the Department of Expenditure,

Ministry of Finance or his representative not below the rank of Joint Secretary–
Member, ex officio;
(f) one representative of a recognised body of commerce and industry,
chosen on rotational basis by the Central Government–Part-time Member; and
(g) Chief Executive Officer-Member-Secretary, ex officio.
(2) The Chairperson and Members of the Council, other than ex officio Members,
shall hold office as such, for a term of three years from the date on which they enter
upon their office:
Provided that no Chairperson or Member, other than ex officio Member, shall
hold office as such after he has attained the age of seventy years in the case of
Chairperson and sixty-seven years in the case of Member.
(3) The salaries, allowances and other terms and conditions of the Chairperson
and Members referred to in clauses (b) and (c) of sub-section (1) shall be such as may
be prescribed by the Central Government.
(4) The Part-time Member shall be entitled to such travelling and other
allowances as may be prescribed by the Central Government.
43D. (1) It shall be the duty of the Council to take all such measures as may be Duties and
necessary to promote and encourage arbitration, mediation, conciliation or other functions of
Council.
alternative dispute resolution mechanism and for that purpose to frame policy and
guidelines for the establishment, operation and maintenance of uniform professional
standards in respect of all matters relating to arbitration.
(2) For the purposes of performing the duties and discharging the functions
under this Act, the Council may—
(a) frame policies governing the grading of arbitral institutions;
(b) recognise professional institutes providing accreditation of arbitrators;
(c) review the grading of arbitral institutions and arbitrators;
(d) hold training, workshops and courses in the area of arbitration in
collaboration of law firms, law universities and arbitral institutes;
(e) frame, review and update norms to ensure satisfactory level of
arbitration and conciliation;
(f) act as a forum for exchange of views and techniques to be adopted for
creating a platform to make India a robust centre for domestic and international
arbitration and conciliation;
(g) make recommendations to the Central Government on various
measures to be adopted to make provision for easy resolution of commercial
disputes;
(h) promote institutional arbitration by strengthening arbitral institutions;
(i) conduct examination and training on various subjects relating to
arbitration and conciliation and award certificates thereof;
(j) establish and maintain depository of arbitral awards made in India;
(k) make recommendations regarding personnel, training and
infrastructure of arbitral institutions; and
(l) such other functions as may be decided by the Central Government.
 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Vacancies, 43E. No act or proceeding of the Council shall be invalid merely by reason of—
etc., not to
invalidate (a) any vacancy or any defect, in the constitution of the Council;
proceedings of
Council. (b) any defect in the appointment of a person acting as a Member of the
Council; or
(c) any irregularity in the procedure of the Council not affecting the
merits of the case.
Resignation 43F. The Chairperson or the Full-time or Part-time Member may, by notice in
of Members. writing, under his hand addressed to the Central Government, resign his office:
Provided that the Chairperson or the Full-time Member shall, unless he is
permitted by the Central Government to relinquish his office sooner, continue to hold
office until the expiry of three months from the date of receipt of such notice or until
a person duly appointed as his successor enters upon his office or until the expiry of
his term of office, whichever is earlier.
Removal of 43G. (1) The Central Government may, remove a Member from his office if he––
Member.
(a) is an undischarged insolvent; or
(b) has engaged at any time (except Part-time Member), during his term of
office, in any paid employment; or
(c) has been convicted of an offence which, in the opinion of the Central
Government, involves moral turpitude; or
(d) has acquired such financial or other interest as is likely to affect
prejudicially his functions as a Member; or
(e) has so abused his position as to render his continuance in office
prejudicial to the public interest; or
(f) has become physically or mentally incapable of acting as a Member.
(2) Notwithstanding anything contained in sub-section (1), no Member shall
be removed from his office on the grounds specified in clauses (d) and (e) of that
sub-section unless the Supreme Court, on a reference being made to it in this behalf
by the Central Government, has, on an inquiry, held by it in accordance with such
procedure as may be prescribed in this behalf by the Supreme Court, reported that the
Member, ought on such ground or grounds to be removed.
Appointment 43H. The Council may, appoint such experts and constitute such Committees
of experts and of experts as it may consider necessary to discharge its functions on such terms and
constitution of
Committees
conditions as may be specified by the regulations.
thereof.

General norms 43-I. The Council shall make grading of arbitral institutions on the basis of
for grading of criteria relating to infrastructure, quality and calibre of arbitrators, performance and
arbitral
compliance of time limits for disposal of domestic or international commercial
institutions.
arbitrations, in such manner as may be specified by the regulations.
Norms for 43J. The qualifications, experience and norms for accreditation of arbitrators
accreditation. shall be such as specified in the Eighth Schedule:
Provided that the Central Government may, after consultation with the Council,
by notification in the Official Gazette, amend the Eighth Schedule and thereupon, the
Eighth Schedule shall be deemed to have been amended accordingly.
Depository of 43K. The Council shall maintain an electronic depository of arbitral awards
awards. made in India and such other records related thereto in such manner as may be
specified by the regulations.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

43L. The Council may, in consultation with the Central Government, make Power to
regulations, consistent with the provisions of this Act and the rules made thereunder, make
regulations by
for the discharge of its functions and perform its duties under this Act. Council.

43M. (1) There shall be a Chief Executive Officer of the Council, who shall be Chief
responsible for day-to-day administration of the Council. Executive
Officer.
(2) The qualifications, appointment and other terms and conditions of the
service of the Chief Executive Officer shall be such as may be prescribed by the
Central Government.
(3) The Chief Executive Officer shall discharge such functions and perform
such duties as may be specified by the regulations.
(4) There shall be a Secretariat to the Council consisting of such number of
officers and employees as may be prescribed by the Central Government.
(5) The qualifications, appointment and other terms and conditions of the
service of the employees and other officers of the Council shall be such as may be
prescribed by the Central Government.’.
11. In section 45 of the principal Act, for the words “unless it finds”, the words Amendment
“unless it prima facie finds”, shall be substituted. of section 45.

12. In section 50 of the principal Act, in sub-section (1), for the words “An appeal”, Amendment
the words “Notwithstanding anything contained in any other law for the time being in of section 50.
force, an appeal” shall be substituted.
13. After section 86 of the principal Act, the following section shall be inserted and Insertion of
shall be deemed to have been inserted with effect from the 23rd October, 2015, namely:— new section 87.

“87. Unless the parties otherwise agree, the amendments made to this Act by Effect of
3 of 2016. the Arbitration and Conciliation (Amendment) Act, 2015 shall— arbitral and
related court
(a) not apply to–– proceedings
commenced
(i) arbitral proceedings commenced before the commencement of prior to 23rd
3 of 2016. the Arbitration and Conciliation (Amendment) Act, 2015; October,
2015.
(ii) court proceedings arising out of or in relation to such arbitral
proceedings irrespective of whether such court proceedings are
commenced prior to or after the commencement of the Arbitration and
3 of 2016. Conciliation (Amendment) Act, 2015;
(b) apply only to arbitral proceedings commenced on or after the
3 of 2016. commencement of the Arbitration and Conciliation (Amendment) Act, 2015 and
to court proceedings arising out of or in relation to such arbitral proceedings.”.
14. After the Seventh Schedule to the principal Act, the following Schedule shall be Insertion of
inserted, namely: –– new Schedule.

‘‘THE EIGHTH SCHEDULE

(See section 43J)
Qualifications and Experience of Arbitrator
A person shall not be qualified to be an arbitrator unless he—
25 of 1961. (i) is an advocate within the meaning of the Advocates Act, 1961 having ten
years of practice experience as an advocate; or
(ii) is a chartered accountant within the meaning of the Chartered Accountants
38 of 1949. Act, 1949 having ten years of practice experience as a chartered accountant; or
 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(iii) is a cost accountant within the meaning of the Cost and Works Accountants
Act, 1959 having ten years of practice experience as a cost accountant; or 23 of 1959.

(iv) is a company secretary within the meaning of the Company Secretaries

Act, 1980 having ten years of practice experience as a company secretary; or 56 of 1980.

(v) has been an officer of the Indian Legal Service; or

(vi) has been an officer with law degree having ten years of experience in the
legal matters in the Government, Autonomous Body, Public Sector Undertaking or at
a senior level managerial position in private sector; or
(vii) has been an officer with engineering degree having ten years of experience
as an engineer in the Government, Autonomous Body, Public Sector Undertaking or
at a senior level managerial position in private sector or self-employed; or
(viii) has been an officer having senior level experience of administration in the
Central Government or State Government or having experience of senior level
management of a Public Sector Undertaking or a Government company or a private
company of repute;
(ix) is a person, in any other case, having educational qualification at degree
level with ten years of experience in scientific or technical stream in the fields of
telecom, information technology, Intellectual Property Rights or other specialised
areas in the Government, Autonomous Body, Public Sector Undertaking or a senior
level managerial position in a private sector, as the case may be.
General norms applicable to Arbitrator
(i) The arbitrator shall be a person of general reputation of fairness, integrity
and capable to apply objectivity in arriving at settlement of disputes;
(ii) the arbitrator must be impartial and neutral and avoid entering into any
financial business or other relationship that is likely to affect impartiality or might
reasonably create an appearance of partiality or bias amongst the parties;
(iii) the arbitrator should not involve in any legal proceeding and avoid any
potential conflict connected with any dispute to be arbitrated by him;
(iv) the arbitrator should not have been convicted of an offence involving
moral turpitude or economic offence;
(v) the arbitrator shall be conversant with the Constitution of India, principles
of natural justice, equity, common and customary laws, commercial laws, labour laws,
law of torts, making and enforcing the arbitral awards;
(vi) the arbitrator should possess robust understanding of the domestic and
international legal system on arbitration and international best practices in regard
thereto;
(vii) the arbitrator should be able to understand key elements of contractual
obligations in civil and commercial disputes and be able to apply legal principles to a
situation under dispute and also to apply judicial decisions on a given matter relating
to arbitration; and
(viii) the arbitrator should be capable of suggesting, recommending or writing
a reasoned and enforceable arbitral award in any dispute which comes before him for
adjudication.’’.
Amendment 15. Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 shall be
to Act 3 of omitted and shall be deemed to have been omitted with effect from the 23rd October, 2015.
2016.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

16. In the Fourth Schedule to the principal Act, for the brackets, words and figures Amendment
“[See section 11 (14)]”, the brackets, words, figures and letter “[See section 11 (3A)]” shall to Fourth
Schedule.
be substituted.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. Digitally signed by
BANSHI DHAR BANSHI DHAR DUBEY
Date: 2019.08.09 19:30:52
DUBEY +05'30'

MGIPMRND—2600GI(S3)—09-08-2019.
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No. 53] NEW DELHI, FRIDAY, AUGUST 9, 2019/SHRAVANA 18, 1941 (SAKA)

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MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 9th August, 2019/Shravana 18, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
9th August, 2019, and is hereby published for general information:—
THE JAMMU AND KASHMIR REORGANISATION ACT, 2019
NO. 34 OF 2019
[9th August, 2019.]
An Act to provide for the reorganisation of the existing State of Jammu and
Kashmir and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
PART-I
PRELIMINARY
1. This Act may be called the Jammu and Kashmir Reorganisation Act, 2019. Short title.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) “appointed day” means the day which the Central Government may, by
notification in the Official Gazette, appoint;
(b) “article” means an article of the Constitution;
(c) “assembly constituency” and “parliamentary constituency” have the same
43 of 1950. meanings as in the Representation of the People Act, 1950 (43 of 1950);
(d) “Election Commission” means the Election Commission appointed by the
President under article 324;
(e) “existing State of Jammu and Kashmir” means the State of Jammu and Kashmir
as existing immediately before the appointed day, comprising the territory which
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

immediately before the commencement of the Constitution of India in the Indian State
of Jammu and Kashmir;
(f) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme,
notification or other instrument having, immediately before the appointed day, the force
of law in the whole or in any part of the existing State of Jammu and Kashmir;
(g) “Legislative Assembly” means Legislative Assembly of Union territory of
Jammu and Kashmir;
(h) “Lieutenant Governor” means the Adminstrator of the Union territory
appointed by the President under artcle 239;
(i) “notified order” means an order published in the Official Gazette;
(j) “population ratio”, in relation to the Union territory of Jammu and Kashmir,
and Union territory of Ladakh means the ratio as per 2011 Census;
(k) “Scheduled Castes” in relation to the Union territory means such castes,
races or tribes or parts of groups within such castes, races or tribes as are deemed
under article 341 to be Scheduled Castes in relation to that Union territory;
(l) “Scheduled Tribes” in relation to the Union territory means such tribes or
tribal communities or parts of or groups within such tribes or tribal communities as are
deemed under article 342 to be Scheduled Tribes in relation to that Union territory;
(m) “sitting member”, in relation to either House of Parliament or of the Legislature
of the existing State of Jammu and Kashmir, means a person who immediately before
the appointed day, is a member of that House;
(n) “Union territory”, in relation to the existing State of Jammu and Kashmir,
means the Union territory of Jammu and Kashmir or Union territory of Ladakh, as the
case may be;
(o) “transferred territory” means the territory which on the appointed day is
transferred from the existing State of Jammu and Kashmir to Union territories formed
under sections 3 and 4 of this Act; and
(p) any reference to a district, tehsil or other territorial division of the existing
State of Jammu and Kashmir shall be construed as a reference to the area comprised
within that territorial division on the appointed day.
PART II
REORGANISATION OF THE STATE OF JAMMU AND KASHMIR
Formation of 3. On and from the appointed day, there shall be formed a new Union territory to be
Union known as the Union territory of Ladakh comprising the following territories of the existing
territory of
Ladakh State of Jammu and Kashmir, namely:—
without "Kargil and Leh districts",
Legislature.
and thereupon the said territories shall cease to form part of the existing State of Jammu and
Kashmir.
Formation of 4. On and from the appointed day, there shall be formed a new Union territory to be
Union territory known as the Union territory of Jammu and Kashmir comprising the territories of the existing
of Jammu and
Kashmir with State of Jammu and Kashmir other than those specified in section 3.
Legislature.

Governor of 5. On and from the appointed day, the Governor of the existing State of Jammu and
existing State Kashmir shall be the Lieutenant Governor for the Union territory of Jammu and Kashmir, and
of Jammu and
Kashmir to be Union territory of Ladakh for such period as may be determined by the President.
common
Lieutenant
Governor.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

6. On and from the appointed day, in the First Schedule to the Constitution, under the Amendment
heading—“I. THE STATES”,— of First
Schedule to
(a) entry 15 shall be deleted. the
Constitution.
(b) entries from 16 to 29 shall be renumbered as 15 to 28.
(c) under the heading —“II. UNION TERRITORIES”,—
after entry 7, the following entries shall be inserted, namely:—
“8. Jammu and Kashmir: The territories specified in section 4 of the
Jammu and Kashmir Reorganization Act, 2019”.
“9. Ladakh: The territories specified in section 3 of the Jammu and
Kashmir Reorganization Act, 2019”.
7. Nothing in the foregoing provisions of this Part shall be deemed to affect the power Saving powers
of the Government of successor Union territory of Jammu and Kashmir to alter, after the of the
Government
appointed day, the name, area or boundaries of any district or other territorial division in that
of Union
Union territory. territory of
Jammu and
Kashmir.
PART III
REPRESENTATION IN THE LEGISLATURES
The Council of States
8. On and from the appointed day, in the Fourth Schedule to the Constitution, in the Amendment
Table,— of Fourth
Schedule to
(a) entry 21 shall be deleted; Constitution

(b) entries 22 to 31 shall be renumbered as entries 21 to 30, respectively;

(c) after entry 30, the following entry shall be inserted, namely:—
“31. Jammu and Kashmir ……………………4”
9. (1) On and from the appointed day, four sitting members of the Council of States Allocation of
representing the existing State of Jammu and Kashmir shall be deemed to have been elected sitting
members.
to fill the seats allotted to the Union territory of Jammu and Kashmir, as specified in the First
Schedule to this Act.
(2) The term of office of such sitting members shall remain unaltered.
The House of the People
10. On and from the appointed day, there shall be allocated five seats to the successor Representation
Union territory of Jammu and Kashmir and one seat to Union territory of Ladakh, in the in House of
43 of 1950. the People.
House of the People, and the First Schedule to the Representation of the People Act, 1950
(43 of 1950) shall be deemed to be amended accordingly.
Delimitation 11. (1) On and from the appointed day, the Delimitation of Parliamentary Constituencies Delimitation
of Order, 1976 shall stand amended as directed in the Second Schedule of this Act. of
Parliamentary Parliamentary
Constituencies (2) The Election Commission may conduct the elections to the House of the People for the Constituencies.
Order 1976. Union territory of Jammu and Kashmir and Union territory of Ladakh as per the allocation of seats
specified in the Delimitation of Parliamentary Constituencies Order, 1976 as amended by this Act.
12. (1) Every sitting member of the House of the People representing a constituency Provision as
which, on the appointed day by virtue of the provisions of section 10, stands allotted, with to sitting
members.
or without alteration of boundaries, to the successor Union territory of Jammu and Kashmir
or Union territory of Ladakh, as the case may be, shall be deemed to have been elected to the
House of the People by that constituency as so allotted.
(2) The term of office of such sitting members shall remain unaltered.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

The Lieutenant Governor and The Legislative Assembly of Union territory of

Jammu and Kashmir
Applicability 13. On and from the appointed day, the provisions contained in article 239A, which are
of article applicable to “Union territory of Puducherry”, shall also apply to the “Union territory of
239A of
Jammu and Kashmir”.
Constitution.

Legislative 14. (1) There shall be an Administrator appointed under article 239 of the Constitution
Assembly for of India for the Union territory of Jammu and Kashmir and shall be designated as Lieutenant
the Union
Governor of the said Union territory.
Territory of
Jammu and (2) There shall be a Legislative Assembly for the Union territory of Jammu and Kashmir.
Kashmir and
its (3) The total number of seats in the Legislative Assembly of the Union territory of
composition. Jammu and Kashmir to be filled by persons chosen by direct election shall be 107.
(4) Nowithstanding anything contained in sub-section (3), until the area of the Union
territory of Jammu and Kashmir under the occupation of Pakistan ceases to be so occupied
and the people residing in that area elect their representatives—
(a) twenty four seats in the Legislative Assembly of Union territory of Jammu
and Kashmir shall remain vacant and shall not be taken into account for reckoning the
total membership of the Assembly; and
(b) the said area and seats shall be excluded in delimiting the territorial
constituencies as provided under PART V of this Act.
(5) On and from the appointed day, the Delimitation of Assembly Constituencies
Order, 1995, as applicable to Union territory of Jammu and Kashmir, shall stand amended as
directed in the Third Schedule of this act.
(6) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in the
Legislative Assembly of the Union territory of Jammu and Kashmir.
(7) The number of seats reserved for the Scheduled Castes and the Scheduled Tribes
in the Legislative Assembly of the Union territory of Jammu and Kashmir under sub-section
(6) shall bear, as nearly as may be, the same proportion to the total number of seats in the
Assembly as the population of the Scheduled Castes in the Union territory of Jammu and
Kashmir or of the Scheduled Tribes in the Union territory of Jammu and Kashmir, in respect
of which seats are so reserved, bears to the total population of the Union territory of Jammu
and Kashmir.
Explanation: In this sub-section, the expression “population” means the population
as ascertained at the last preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census of which
the relevant figures have been published shall, until the relevant figures for the first census
taken after the year 2026 have been published, be construed as a reference to the 2011
census.
(8) Notwithstanding anything in sub-section (6), the reservation of seats for the
Scheduled Castes or Scheduled Tribes in the Legislative Assembly of the Union territory of
Jammu and Kashmir shall cease to have effect on the same date on which the reservation of
seats for the Scheduled Castes or the Scheduled Tribes in the House of the People shall
cease to have effect under article 334 of the Constitution of India:
(9) In the Second Schedule to the Representation of the People Act, 1950, under the 43 of 1950.
heading :—“I. THE STATES:”
“(a) entry 10 shall be deleted”.
“(b) entries 11 to 29 shall be renumbered as 10 to 28”.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

43 of 1950. (10) In the Second Schedule to the Representation of the People Act, 1950 , under the
heading :—“II. Union Territories”
(a) after entry 4, the following entries shall be inserted, namely:—
1 2 3 4 5 6 7
‘‘5. Jammu and Kashmir 83 6 …. 83 6 …..’’
(11) The provisions of articles 324 to 327 and 329 of the Constitution of India, shall
apply in relation to the Union territory of Jammu and Kashmir, the Legislative Assembly and
the members thereof as they apply, in relation to a State, the Legislative Assembly of a State
and the members thereof respectively; and any reference in articles 326 and 329 to “appropriate
Legislature” shall be deemed to be a reference to Parliament.
15. Notwithstanding anything in sub-section (3) of section 14 the Lieutenant Governor Representation
of the successor Union territory of Jammu and Kashmir may nominate two members to the of women.
Legislative Assembly to give representation to women, if in his opinion, women are not
adequately represented in the Legislative Assembly.
16. A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly Qualification
unless he— for
membership
(a) is a citizen of India and makes and subscribes before some person authorised of Legislative
in that behalf by the Election Commission an oath or affirmation according to the form Assembly.
set out for the purpose in the Fourth Schedule of this Act;
(b) is not less than twenty-five years of age; and
(c) Possesses such other qualifications as may be prescribed in that behalf by or
under any law made by the Parliament.
17. The Legislative Assembly, unless sooner dissolved, shall continue for five years Duration of
from the date appointed for its first meeting and no longer, and the expiration of the said Legislative
Assembly.
period of five years shall operate as a dissolution of the Legislative Assembly:
Provided that the said period may, while a Proclamation of Emergency issued
under clause (1) of article 352 is in operation, be extended by the President by order for
a period not exceeding one year at a time and not extending in any case beyond a
period of six months after the Proclamation has ceased to operate.
18. (1) The Lieutenant Governor shall, from time to time, summon the Legislative Sessions of
Assembly to meet at such time and place as he thinks fit, but six months shall not intervene Legislative
Assembly,
between its last sitting in one session and the date appointed for its first sitting in the next prorogation
session. and
dissolution.
(2) The Lieutenant Governor may, from time to time,—
(a) prorogue the House;
(b) dissolve the Legislative Assembly.
19. (1) Legislative Assembly shall, as soon as may be, choose two members of the Speaker and
Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office Deputy
Speaker of
of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member Legislative
to be Speaker or Deputy Speaker, as the case may be. Assembly.
(2) A member holding office as Speaker or Deputy Speaker of the Assembly—
(a) shall vacate his office if he ceases to be a member of the Assembly;
(b) may at any time by writing under his hand addressed, if such member is the
Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the
Speaker, resign his office;
(c) may be removed from his office by a resolution of the Assembly passed by a
majority of all the then members of the Assembly:
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Provided that no resolution for the purpose of clause (c) shall be moved
unless at least fourteen days’ notice has been given of the intention to move the
resolution:
Provided further that, whenever the Assembly is dissolved, the Speaker
shall not vacate his office until immediately before the first meeting of the
Assembly after the dissolution.
(3) While the office of Speaker is vacant, the duties of the office shall be performed by
the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the
Legislative Assembly as may be determined by the rules of procedure of the Assembly.
(4) During the absence of the Speaker from any sitting of the Legislative Assembly,
the Deputy Speaker, or, if he is also absent, such person as may be determined by the rules
of procedure of the Assembly, or, if no such person is present, such other person as may be
determined by the Legislative Assembly, shall act as Speaker.
(5) There shall be paid to the Speaker and the Deputy Speaker of the Legislative
Assembly, such salaries and allowances as may respectively be fixed by the Legislative
Assembly of the Union territory of Jammu and Kashmir by law and, until provision in that
behalf is so made, such salaries and allowances as the Lieutenant Governor may, by order
determine.
Speaker or 20. (1) At any sitting of the Legislative Assembly, while any resolution for the removal
Deputy of the Speaker from his office is under consideration, the Speaker, or while any resolution for
Speaker not to
preside while a the removal of the Deputy Speaker, from his office is under consideration, the Deputy
resolution for Speaker, shall not, though he is present, preside, and the provisions of sub-section (4) of
his removal section 19 shall apply in relation to every such sitting as they apply in relation to a sitting
from office is from which the Speaker or, as the case may be, the Deputy Speaker, is absent.
under
consideration. (2) The Speaker shall have the right to speak in, and otherwise to take part in the
proceedings of, the Legislative Assembly while any resolution for his removal from office is
under consideration in the Assembly and shall, notwithstanding anything in section 25, be
entitled to vote only in the first instance on such resolution or on any other matter during
such proceedings but not in the case of an equality of votes.
Special address 21. (1) At the commencement of the first session after each general election to the
by Lieutenant Legislative Assembly and at the commencement of the first session of each year, the Lieutenant
Governor to
Legislative
Governor shall address the Legislative Assembly, and shall inform the Legislative Assembly
Assembly. of the causes of its summons.
(2) Provision shall be made by the rules regulating the procedure of the Legislative
Assembly for the allotment of time for the discussion of matters referred to in such address.
Rights of 22. Every Minister and the Advocate-General for the Union territory of Jammu and
Ministers and Kashmir shall have the right to speak in, and otherwise to take part in the proceedings of, the
Advocate
General as
Legislative Assembly, and to speak in, and otherwise to take part in the proceedings of, any
respects committee of the Legislative Assembly of which he may be named a member, but shall not by
Legislative virtue of this section be entitled to vote.
Assembly.
Rights of 23. (1) The Lieutenant Governor may address the Legislative Assembly and may for
Lieutenant that purpose require the attendance of members.
Governor to
address and (2) The Lieutenant Governor may also send messages to the Legislative Assembly
send messages whether with respect to a Bill then pending in the Legislative Assembly or otherwise, and
to the
Legislative when a message so sent, the Legislative Assembly shall with all convenient despatch consider
Assembly. any matter required by the message to be taken into consideration.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

24. Every member of the Legislative Assembly shall, before taking his seat, make and Oath or
subscribe before the Lieutenant Governor of the said Union territory, or some person affirmation by
members.
appointed in that behalf by him, an oath or affirmation according to the form set out for the
purpose in the Fourth Schedule of this Act.
25. (1) Save as otherwise provided in this Act, all questions at any sitting of the Voting in
Legislative Assembly shall be determined by a majority of votes of the members present and Assembly,
power of
voting, other than the Speaker or person acting as such.
Assembly to
(2) The Speaker, or person acting as such, shall not vote in the first instance, but shall act
notwithstanding
have and exercise a casting vote in the case of an equality of votes.
vacancies and
(3) The Legislative Assembly shall have power to act notwithstanding any vacancy quorum.
in the membership thereof, and any proceedings in the Legislative Assembly shall be valid
notwithstanding that it is discovered subsequently that some person who was not entitled
so to do, sat or voted or otherwise took part in the proceedings.
(4) The quorum to constitute a meeting of the Legislative Assembly shall be ten
members or one- tenth of the total number of members of the Legislative Assembly, which
ever is greater.
(5) If at any time during a meeting of the Legislative Assembly there is no quorum, it
shall be the duty of the Speaker, or person acting as such, either to adjourn the Legislative
Assembly or to suspend the meeting until there is a quorum.
26. (1) No person shall be a member both of Parliament and of the Legislative Assembly, Vacation of
and if a person is chosen a member both of Parliament and of such Assembly, then, at the seats.
expiration of such period as may be specified in the rules made by the President, that
person's seat in Parliament shall become vacant, unless he has previously resigned his seat
in the Legislative Assembly of the said Union territory.
(2) If a member of the Legislative Assembly—
(a) becomes subject to any of disqualification mentioned in section 27 or section
28 for membership of the Legislative Assembly; or
(b) resigns his seat by writing under his hand addressed to the Speaker, and his
resignation is accepted by the Speaker,
his seat shall thereupon become vacant.
(3) If for a period of sixty days a member of the Legislative Assembly is without
permission of the Assembly absent from all meetings thereof, the Assembly may declare his
seat vacant:
Provided that in computing the said period of sixty days, no account shall be
taken of any period during which the Assembly is prorogued or is adjourned for more
than four consecutive days.
27. (1) A person shall be disqualified for being chosen as, and for being, a member of Disqualifications
the Legislative Assembly— for
membership.
(a) if he holds any office of profit under the Government of India or the
Government of any State or the Government of Union territory of Jammu and Kashmir
or the Government or administration of any other Union territory or other than an
office declared by law made by Parliament or by the Legislative Assembly not to
disqualify its holder; or
(b) if he is for the time being disqualified for being chosen as, and for being, a
member of either House of Parliament under the provisions of sub-clause (b), sub-
clause (c) or sub-clause (d) of clause (1) of article 102 or of any law made in pursuance
of that article.
(2) For the purposes of this section, a person shall not be deemed to hold an office of
profit under the Government of India or the Government of any State or the Government of
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Union Territory of Jammu and Kashmir or the Government of any other Union
territory by reason only that he is a Minister either for the Union or for such State or Union
territory.
(3) If any question arises as to whether a member of the Legislative Assembly becomes
subject to any of disqualification under the provisions of sub-sections (1) and (2), the
question shall be referred for the decision of the Lieutenant Governor and his decision shall
be final.
(4) Before giving any decision on any such question, the Lieutenant Governor shall
obtain the opinion of the Election Commission and shall act according to such opinion.
Disqualification 28. The provisions of the Tenth Schedule to the Constitution shall, subject to the
on ground of necessary modifications (including modifications for construing references therein to the
defection for
being a Legislative Assembly of a State, article 188, article 194 and article 212 as references,
member. respectively, to the Legislative Assembly of Union territory of Jammu and Kashmir, as the
case may be, section 24, section 30 and section 50 of this Act), apply to and in relation to the
members of the Legislative Assembly of Union territory of Jammu and Kashmir as they apply
to and in relation to the members of the Legislative Assembly of a State, and accordingly,—
(a) the said Tenth Schedule as so modified shall be deemed to form part of this
Act; and
(b) a person shall be disqualified for being a member of the Legislative Assembly
if he is so disqualified under the said Tenth Schedule as so modified.
Penalty for 29. If a person sits or votes as a member of the Legislative Assembly before he has
sitting and complied with the requirements of section 24 or when he knows that he is not qualified or
voting before
making oath
that he is disqualified for membership thereof, or that he is prohibited from doing so by the
or affirmation provisions of any law made by Parliament or the Legislative Assembly of the Union territory
or when not of Jammu and Kashmir, he shall be liable in respect of each day on which he so sits or votes
qualified or to a penalty of five hundred rupees to be recovered as a debt due to the said Union territory.
when
disqualified.

Powers, 30. (1) Subject to the provisions of this Act and to the rules and standing orders
privileges, regulating the procedure of the Legislative Assembly, there shall be freedom of speech in the
etc., of
members.
Legislative Assembly.
(2) No member of the Legislative Assembly shall be liable to any proceedings in any
court in respect of anything said or any vote given by him in the Assembly or any committee
thereof, and no person shall be so liable in respect of the publication by or under the
authority of such Assembly of any report, paper, votes or proceedings.
(3) In other respects, the powers, privileges and immunities of the Legislative Assembly
and of the members and the committees thereof shall be such as are for the time being
enjoyed by the House of the People and its members and committees.
(4) The provisions of sub-sections (1), (2) and (3) shall apply in relation to persons
who by virtue of this Act have the right to speak in, and otherwise to take part in the
proceedings of, the Legislative Assembly or any committee thereof as they apply in relation
to members of the Legislative Assembly.
Salaries and 31. Members of the Legislative Assembly shall be entitled to receive such salaries
allowances of and allowances as may from time to time be determined by the Legislative Assembly by law
members.
and, until provision in that behalf is so made, such salaries and allowances as the Lieutenant
Governor may, by order determine.
Extent of 32. (1) Subject to the provisions of this Act, the Legislative Assembly may make laws
legislative for the whole or any part of the Union territory of Jammu and Kashmir with respect to any of
power.
the matters enumerated in the State List except the subjects mentioned at entries 1 and 2,
namely “Public Order” and “Police” respectively or the Concurrent List in the Seventh
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

Schedule to the Constitution of India in so far as any such matter is applicable in relation to
the Union territories.
(2) Nothing in sub-section (1) shall derogate from the powers conferred on Parliament
by the Constitution to make laws with respect to any matter for the Union territory of Jammu
and Kashmir or any part thereof.
33. The property of the Union shall, save in so far as Parliament may by law otherwise Exemption of
provide, be exempted from all taxes imposed by or under any law made by the Legislative property of
the Union
Assembly or by or under any other law in force in the Union territory of Jammu and Kashmir: from taxation.
Provided that nothing in this section shall, until Parliament by law otherwise
provides, prevent any authority within the Union territory of Jammu and Kashmir from
levying any tax on any property of the Union to which such property was immediately
before the commencement of the Constitution liable or treated as liable, so long as that
tax continues to be levied in that Union territory.
34. (1) The provisions of article 286, article 287 and article 288 shall apply in relation to Restrictions
any law passed by the Legislative Assembly with respect to any of the matters referred to in on laws passed
by Legislative
those articles as they apply in relation to any law passed by the Legislature of a State with Assembly with
respect to those matters. respect to
certain
(2) The provisions of article 304 shall, with the necessary modifications, apply in matters.
relation to any law passed by the Legislative Assembly with respect to any of the matters
referred to in that article as they apply in relation to any law passed by the Legislature of a
State with respect to those matters.
35. If any provision of a law made by the Legislative Assembly with respect to matters Inconsistency
enumerated in the State List, in the Seventh Schedule to the Constitution is repugnant to between laws
made by
any provision of a law made by Parliament with respect to that matter, whether passed before Parliament
or after the law made by the Legislative Assembly, or, if any provision of a law made by the and laws made
Legislative Assembly with respect to any matter enumerated in the Concurrent List in the by Legislative
Assembly.
Seventh Schedule to the Constitution is repugnant to any provision of any earlier law, other
than a law made by the Legislative Assembly, with respect to that matter, then, in either case,
the law made by Parliament, or, as the case may be, such earlier law shall prevail and the law
made by the Legislative Assembly of the Union territory shall, to the extent of the repugnancy,
be void:
Provided that if such law made by the Legislative Assembly has been reserved
for the consideration of the President and has received his assent, such law shall
prevail in the Union territory of Jammu & Kashmir:
Provided further that nothing in this section shall prevent Parliament from
enacting at any time any law with respect to the same matter including a law adding to,
amending, varying or repealing the law so made by the Legislative Assembly.
36. (1) A Bill or amendment shall not be introduced into, or moved in, the Legislative Special
provisions as
Assembly except on the recommendation of the Lieutenant Governor, if such Bill or
to financial
Amendment makes provision for any of the following matters, namely:— Bills.
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the amendment of the law with respect to any financial obligations undertaken
or to be undertaken by the Government of the Union territory;
(c) the appropriation of moneys out of the Consolidated Fund of the Union
territory;
(d) the declaring of any expenditure to be expenditure charged on the
Consolidated Fund of the Union territory or the increasing of the amount of any such
expenditure;
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(e) the receipt of money on account of the Consolidated Fund of the Union
territory or the public account of the Union territory or the custody or issue of such
money or the audit of the account of the Union territory:
Provided that no recommendation shall be required under this sub-section for
the moving of an amendment making provision for the reduction or abolition of any
tax.
(2) A Bill or Amendment shall not be deemed to make provision for any of the matters
aforesaid by reason only that it provides for the imposition of fines or other pecuniary
penalties, or for the demand or payment of fees for licences or fees for services rendered, or
by reason that it provides for the imposition, abolition, remission, alteration or regulation of
any tax by any local authority or body for local purposes.
(3) A Bill which, if enacted and brought into operation, would involve expenditure
from the Consolidated Fund of Union territory shall not be passed by the Legislative Assembly
of the Union territory unless the Lieutenant Governor has recommended to the Assembly,
the consideration of the Bill.
Procedure as 37. (1) A Bill pending in the Legislative Assembly shall not lapse by reason of the
to lapsing of prorogation of the Legislative Assembly.
Bills.
(2) A Bill which is pending in the Legislative Assembly shall lapse on dissolution of
the Legislative Assembly.
Assent to 38. When a Bill has been passed by the Legislative Assembly, it shall be presented to
Bills. the Lieutenant Governor and the Lieutenant Governor shall declare either that he assents to
the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration
of the President:
Provided that the Lieutenant Governor may, as soon as possible after the
presentation of the Bill to him for assent, return the Bill if it is not a Money Bill together
with a message requesting that the Assembly will reconsider the Bill or any specified
provisions thereof, and, in particular, will consider the desirability of introducing any
such amendments as he may recommend in his message and, when a Bill is so returned,
the Assembly will reconsider the Bill accordingly, and if the Bill is passed again with or
without amendment and presented to the Lieutenant Governor for assent, the Lieutenant
Governor shall declare either that he assents to the Bill or that he reserves the Bill for
the consideration of the President:
Provided further that the Lieutenant Governor shall not assent to, but shall
reserve for the consideration of the President, any Bill which,—
(a) in the opinion of the Lieutenant Governor would, if it became law, so
derogate from the powers of the High Court as to endanger the position which
that Court is, by the Constitution, designed to fill; or
(b) relates to any of the matters specified in clause (1) of article 31A; or
(c) the President may, by order, direct to be reserved for his consideration.
Explanation.—For the purposes of this section and section 39, a Bill shall be
deemed to be a Money Bill if it contains only provisions dealing with all or any of the
matters specified in sub-section (1) of section 36 or any matter incidental to any of
those matters and, in either case, there is endorsed thereon the certificate of the
Speaker of the Legislative Assembly signed by him that it is a Money Bill.
Bills reserved 39. When a Bill is reserved by Lieutenant Governor for the consideration of the
for President, the President shall declare either that he assents to the Bill or that he withholds
consideration.
assent therefrom:
Provided that where the Bill is not a Money Bill, the President may direct the
Lieutenant Governor to return the Bill to the Legislative Assembly together with such
a message as is mentioned in the first proviso to section 38 and, when a Bill is so
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

returned, the Assembly shall reconsider it accordingly within a period of six months
from the date of receipt of such message and, if it is again passed by the Assembly
with or without amendment, it shall be presented again to the President for his
consideration.
40. No Act of the Legislative Assembly and no provision in any such Act, shall be Requirements
invalid by reason only that some previous sanction or recommendation required by this Act as to sanction
and
was not given, if assent to that Act was given by the Lieutenant Governor, or, on being recommendations
reserved by the Lieutenant Governor for the consideration of the President, by the President. to be regarded
as matters of
procedure
only.

41. (1) The Lieutenant Governor shall in respect of every financial year cause to be Annual
laid before the Legislative Assembly of the Union territory of Jammu and Kashmir, a statement financial
statement.
of the estimated receipts and expenditure of the Union territory for that year, in this Part
referred to as the “annual financial statement”.
(2) The estimates of expenditure embodied in the annual financial statement shall
show separately—
(a) the sums required to meet expenditure described by this Act as expenditure
charged upon the Consolidated Fund of the Union territory of Jammu and Kashmir,
and
(b) the sums required to meet other expenditure proposed to be made from the
Consolidated Fund of the Union territory of Jammu and Kashmir; and shall distinguish
expenditure on revenue account from other expenditure.
(3) The following expenditure shall be expenditure charged on the Consolidated Fund
of the Union territory of Jammu and Kashmir:—
(a) the emoluments and allowances of the Lieutenant Governor and other
expenditure relating to his office;
(b) the charges payable in respect of loans advanced to the Union territory of
Jammu and Kashmir from the Consolidated Fund of India including interest, sinking
fund charges and redemption charges, and other expenditure connected therewith;
(c) the salaries and allowances of the Speaker and the Deputy Speaker of the
Legislative Assembly;
(d) expenditure in respect of the salaries and allowances of Judges of High
Court of Jammu and Kashmir;
(e) any sums required to satisfy any judgment, decree or award of any court or
arbitral tribunal;
(f) expenditure incurred by the Lieutenant Governor in the discharge of his
special responsibility;
(g) any other expenditure declared by the Constitution or by law made by
Parliament or by the Legislative Assembly of the Union territory of Jammu and Kashmir
to be so charged.
42. (1) So much of the estimates as relates to expenditure charged upon the Procedure in
Consolidated Fund of Union territory of Jammu and Kashmir shall not be submitted to the Legislative
Assembly with
vote of the Legislative Assembly, but nothing in this sub-section shall be construed as respect to
preventing the discussion in the Legislative Assembly of any of those estimates. estimates.
(2) So much of the said estimates as relates to other expenditure shall be submitted in
the form of demands for grants to the Legislative Assembly, and the Legislative Assembly
shall have power to assent, or to refuse to assent, to any demand, or to assent to any
demand subject to a reduction of the amount specified therein.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(3) No demand for a grant shall be made except on the recommendation of the Lieutenant
Governor.
Appropriation 43. (1) As soon as may be after the grants under section 42 have been made by the
Bills. Legislative Assembly, there shall be introduced a Bill to provide for the appropriation out of
the Consolidated Fund of the Union territory of all moneys required to meet—
(a) the grants so made by the Legislative Assembly, and
(b) the expenditure charged on the Consolidated Fund of the Union territory of
Jammu and Kashmir but not exceeding in any case the amount shown in the statement
previously laid before the Assembly.
(2) No amendment shall be proposed to any such Bill in the Legislative Assembly
which will have the effect of varying the amount or altering the destination of any grant so
made or of varying the amount of any expenditure charged on the Consolidated Fund of the
Union territory of Jammu and Kashmir and the decision of the person presiding as to whether
an amendment is inadmissible under this sub-section shall be final.
(3) Subject to the other provisions of this Act, no money shall be withdrawn from the
Consolidated Fund of the Union territory except under appropriation made by law passed in
accordance with the provisions of this section.
Supplementary, 44. (1) The Lieutenant Governor shall—
additional or
excess grants. (a) if the amount authorised by any law made in accordance with the provisions
of section 43 to be expended for a particular service for the current financial year is
found to be insufficient for the purposes of that year or when a need has arisen during
the current financial year for supplementary or additional expenditure upon some new
service not contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial year in excess
of the amount granted for that service and for that year,
cause to be laid before the Legislative Assembly, another statement showing the estimated
amount of that expenditure or cause to be presented to the Legislative Assembly with such
previous approval a demand for such excess, as the case may be.
(2) The provisions of sections 41, 42 and 43 shall have effect in relation to any such
statement and expenditure or demand and also to any law to be made authorising the
appropriation of moneys out of the Consolidated Fund of the Union territory of Jammu and
Kashmir to meet such expenditure or the grant in respect of such demand as they have effect
in relation to the annual financial statement and the expenditure mentioned therein or to a
demand for a grant and the law to be made for the authorisation of appropriation of moneys
out of the Consolidated Fund of the Union territory of Jammu and Kashmir to meet such
expenditure or grant.
Votes on 45. (1) Notwithstanding anything in the foregoing provisions of this Part, the
account. Legislative Assembly shall have power to make any grant in advance in respect of the
estimated expenditure for a part of any financial year pending the completion of the procedure
prescribed in section 42 for the voting of such grant and the passing of the law in accordance
with the provisions of section 43 in relation to that expenditure and the Legislative Assembly
shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund
of the Union territory of Jammu and Kashmir for the purposes for which the said grant is
made.
(2) The provisions of sections 42 and 43 shall have effect in relation to the making of
any grant under sub-section (1) or to any law to be made under that sub-section as they
have effect in relation to the making of a grant with regard to any expenditure mentioned in
the annual financial statement and the law to be made for the authorisation of appropriation
of moneys out of the Consolidated Fund of the Union territory of Jammu and Kashmir to
meet such expenditure.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

46. (1) The Legislative Assembly may make rules for regulating, subject to the provisions Rules of
of this Act, its procedure and the conduct of its business: procedure.

Provided that the Lieutenant Governor shall, after consultation with the Speaker
of the Legislative Assembly, make rules—
(a) for securing the timely completion of financial business;
(b) for regulating the procedure of, and the conduct of business in, the
Legislative Assembly in relation to any financial matter or to any Bill for the
appropriation of moneys out of the Consolidated Fund of the Union territory of
Jammu and Kashmir;
(c) for prohibiting the discussion of, or the asking of questions on, any
matter which affects the discharge of the functions of the Lieutenant Governor
in so far as he is required by this Act to act in his discretion.
(2) Until rules are made under sub-section (1), the rules of procedure and standing
orders in force immediately before the commencement of this Act, with respect to the
Legislative Assembly of the existing State of Jammu and Kashmir shall have effect in relation
to the Legislative Assembly of the Union territory of Jammu and Kashmir subject to such
modifications and adaptations as may be made therein by the Speaker of Legislative Assembly.
47. (1) The Legislative Assembly may by law adopt any one or more of the languages Official
in use in the Union territory of Jammu and Kashmir or Hindi as the official language or language or
languages of
languages to be used for all or any of the official purposes of the Union territory of Jammu
Union
and Kashmir. territory of
Jammu and
(2) The business in the Legislative Assembly of the Union territory of Jammu and
Kashmir and
Kashmir shall be transacted in the official language or languages of the Union territory of language or
Jammu and Kashmir or in Hindi or in English: languages to
be used in
Provided that the Speaker of the Legislative Assembly or person acting as such, Legislative
as the case may be, may permit any member who cannot adequately express himself in Assembly
any of the languages aforesaid to address the Legislative Assembly in his mother- thereof.
tongue.
48. Notwithstanding anything contained in section 47, until Parliament by law otherwise Language to
provides, the authoritative texts— be used for
Acts, Bills,
(a) of all Bills to be introduced or amendments thereto to be moved in the etc.
Legislative Assembly,
(b) of all Acts passed by the Legislative Assembly, and
(c) of all orders, rules, regulations and bye-laws issued under any law made by
the Legislative Assembly of,
shall be in the English language:
Provided that where the Legislative Assembly has prescribed any language
other than the English language for use in Bills introduced in, or Acts passed by, the
Legislative Assembly or in any order, rule, regulation or bye-law issued under any law
made by the Legislative Assembly of the Union territory of Jammu and Kashmir, a
translation of the same in the English language published under the authority of the
Lieutenant Governor in the Official Gazette shall be deemed to be the authoritative text
thereof in the English language.
49. No discussion shall take place in the Legislative Assembly with respect to the Restriction on
conduct of any judge of the Supreme Court or of a High Court in the discharge of his duties. discussion in
the Legislative
Assembly.
14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Courts not to 50. (1) The validity of any proceedings in the Legislative Assembly shall not be called
inquire into in question on the ground of any alleged irregularity of procedure.
proceedings of
Legislative (2) No officer or member of the Legislative Assembly in whom powers are vested by or
Assembly.
under this Act for regulating procedure or the conduct of business, or for maintaining order
in the Legislative Assembly shall be subject to the jurisdiction of any court in respect of the
exercise by him of those powers.
Secretariat of 51. (1) Legislative Assembly shall have a separate secretariat staff.
the Legislative
Assembly. (2) The Legislative Assembly may by law regulate the recruitment, and the conditions
of service of persons appointed, to the secretarial staff of the Legislative Assembly.
(3) Until provision is made by the Legislative Assembly under sub-section (2), the
Lieutenant Governor may, after consultation with the Speaker of the Legislative Assembly
make rules regulating the recruitment, and the conditions of service of persons appointed, to
the secretarial staff of the Assembly and any rules so made shall have effect subject to the
provisions of any law made under the said sub-section.
Power of 52. (1) If at any time, except when the Legislative Assembly is in session, the Lieutenant
Lieutenant Governor thereof is satisfied that circumstances exist which render it necessary for him to
Governor to
promulgate take immediate action, he may promulgate such Ordinances as the circumstances appear to
Ordinances him to require:
during recess
of Legislative Provided that the power of making an Ordinance under this section shall extend
Assembly. only to those matters with respect to which the Legislative Assembly has power to
make laws.
(2) An Ordinance promulgated under this section shall have the same force and effect
as an Act of the Legislative Assembly assented by the Lieutenant Governor but every such
Ordinance—
(a) Shall be laid before the Legislative Assembly and shall cease to operate at
the expiration of six weeks from the re-assembly of the Legislative Assembly, or if
before the expiration of that period a resolution disapproving it is passed by the
Legislative Assembly; and
(b) May be withdrawn at any time by the Lieutenant Governor.
Council of Ministers for the Union territory of Jammu and Kashmir
Council of 53. (1) There shall be a Council of Ministers consisting of not more than ten percent
Ministers. of the total number of members in the Legislative Assembly, with the Chief Minister at the
head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to
matters with respect to which the Legislative Assembly has power to make laws except in so
far as he is required by or under this Act to act in his discretion or by or under any law to
exercise any judicial or quasi-judicial functions.
(2) The Lieutenant Governor shall, in the exercise of his functions, act in his discretion
in a matter:
(i) which falls outside the purview of the powers conferred on the Legislative
Assembly; or
(ii) in which he is required by or under any law to act in his discretion or to
exercise any judicial functions.
(iii) related to All India Services and Anti Corruption Bureau:
Provided that if any question arises whether any matter is or is not a matter as
respects which the Lieutenant Governor is by or under this Act required to act in his
discretion, the decision of the Lieutenant Governor in his discretion shall be final, and
the validity of anything done by the Lieutenant Governor shall not be called in question
on the ground that he ought or ought not to have acted in his discretion.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

(3) The question whether any, and if so what, advice was tendered by Ministers to the
Lieutenant Governor shall not be inquired into in any court.
54. (1) The Chief Minister shall be appointed by the Lieutenant Governor and the Other
other Ministers shall be appointed by the Lieutenant Governor on the advice of the Chief provisions as
to Ministers.
Minister.
(2) The Ministers shall hold office during the pleasure of the Lieutenant Governor.
(3) The Council of Ministers shall be collectively responsible to the Legislative
Assembly.
(4) Before a Minister enters upon his office, the Lieutenant Governor shall administer
to him the oaths of office and of secrecy according to the forms set out for the purpose in the
Fourth Schedule.
(5) A Minister who for any period of six consecutive months is not a member of the
Legislative Assembly shall at the expiration of that period cease to be a Minister.
(6) The salaries and allowances of Ministers shall be such as the Legislative Assembly
may from time to time by law determine, and until the Legislative Assembly so determines,
shall be determined by the Lieutenant Governor.
55. (1) The Lieutenant Governor shall make rules on the advice of the Council of Conduct of
Ministers— business.

(a) for the allocation of business to the Ministers; and

(b) for the more convenient transaction of business with the Ministers including
the procedure to be adopted in case of a difference of opinion between the Lieutenant
Governor and the Council of Ministers or a Minister.
(2) Save as otherwise provided in this Act, all executive action of the Lieutenant
Governor, whether taken on the advice of his Ministers or otherwise, shall be expressed to
be taken in the name of the Lieutenant Governor.
(3) Orders and other instruments made and executed in the name of the Lieutenant
Governor, shall be authenticated in such manner as may be specified in rules to be made by
the Lieutenant Governor on the advice of council of ministers, and the validity of an order or
instrument which is so authenticated shall not be called in question on the ground that it is
not an order or instrument made or executed by the Lieutenant Governor.
56. It shall be the duty of the Chief Minister— Duties of
Chief Minister
(a) to communicate to the Lieutenant Governor all decisions of the Council of as respects the
Ministers relating to the administration of the affairs of the Union territory and furnishing of
proposals for legislation; information
to the
(b) to furnish such information relating to the administration of the affairs of the Lieutenant
Union territory and proposals for legislation as Lieutenant Governor may call for. Governor, etc.

Legislative Council
57. (1) Notwithstanding anything to the contrary contained in any law, document, Abolition of
judgment, ordinance, rule, regulation or notification, on and from the appointed day, the Legislative
Council of the
Legislative Council of the existing State of Jammu and Kashmir shall stand abolished. State of
(2) On the abolition of the Legislative Council, every member thereof shall ceased to Jammu and
Kashmir.
be such member.
(3) All Bills pending in the Legislative Council immediately before the appointed day
shall lapse on the abolition of the Council.
16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

PART IV
ADMINISTRATION OF UNION TERRITORY OF LADAKH
Appointment 58. (1) The Union territory of Ladakh will be administered by the President acting, to
of Lieutenant such extent as he thinks fit, through a Lieutenant Governor to be appointed by him under
Governor of
Union
article 239.
territory of (2) The President may make regulations for the peace, progress and good government
Ladakh.
of the Union territory of Ladakh under article 240 of the Constitution of India.
(3) Any regulation so made may repeal or amend any Act made by Parliament or any
other law which is for the time being applicable to the Union territory of Ladakh and, when
promulgated by the President, shall have the same force and effect as an Act of Parliament
which applies to the Union territory of Ladakh.
(4) The Lieutenant Governor shall be assisted by advisor(s) to be appointed by the
Central Government.
PART V
DELIMITATION OF CONSTITUENCIES
Definitions. 59. In this Part, unless the context otherwise requires,—
(a) “associate member” means a member associated with the Delimitation
Commission under section 60;
(b) “Delimitation Commission” means the Delimitation Commission to be
constituted under section 3 of the Delimitation Act, 2002; and thereafter by any law 33 of 2002.
made by the Parliament.
(c) “Election Commission” means the Election Commission appointed by the
President under article 324 of the Constitution of India;
(d) “latest census figures” mean the census figures ascertained at the latest
census of which the finally published figures are available;
(e) “Parliamentary Constituency” means a constituency provided by law for the
purpose of elections to the House of the People from Union territory of Jammu and
Kashmir and Union territory of Ladakh.
(f) “Assembly Constituency” means a constituency provided by law for the
purpose of elections to the Legislative Assembly.
Delimitation 60. (1) Without prejudice to sub-sections (3) of section 14 of this Act, the number of
of seats in the Legislative Assembly of Union territory of Jammu and Kashmir shall be increased
constituencies.
from 107 to 114, and delimitation of the constituencies may be determined by the Election
Commission in the manner hereinafter provided—
(a) the number of seats to be reserved for the Scheduled Castes and the Scheduled
Tribes in the Legislative Assembly, having regard to the relevant provisions of the
Constitution;
(b) the assembly constituencies into which the Union territory shall be divided,
the extent of each of such constituencies and in which of them seats shall be reserved
for the Scheduled Castes or for the Scheduled Tribes; and
(c) the adjustments in the boundaries and description of the extent of the
parliamentary constituencies in each Union territory that may be necessary or expedient.
(2) In determining the matters referred to in clauses (b) and (c) of sub-section (1), the
Election Commission shall have regard to the following provisions, namely:—
(a) all the constituencies shall be single-member constituencies;
(b) all constituencies shall, as far as practicable, be geographically compact
areas, and in delimiting them, regard shall be had to physical features, existing
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17

boundaries of administrative units, facilities of communication and conveniences to

the public; and
(c) constituencies in which seats are reserved for the Scheduled Castes and the
Scheduled Tribes shall, as far as practicable, be located in areas where the proportion
of their population to the total population is the largest.
(3) The Election Commission shall, for the purpose of assisting it in the performance of
its functions under sub-section (1), associate with itself as associate members, four persons
as the Central Government may by order specify, being persons who are the members of the
Legislative Assembly of the Union territory of Jammu and Kashmir or four members of the
House of the People representing the Union territory of Jammu and Kashmir:
Provided that none of the associate members shall have a right to vote or to sign any
decision of the Election Commission.
(4) If, owing to death or resignation, the office of an associate member falls vacant, it
shall be filled as far as practicable, in accordance with the provisions of sub-section (3).
(5) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies together with the
dissenting proposals, if any, of any associate member who desires publication thereof
in the Official Gazette and in such other manner as the Commission may consider fit,
together with a notice inviting objections and suggestions in relation to the proposals
and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it
before the date so specified; and
(c) after considering all objections and suggestions which may have been
received by it before the date so specified, determine by one or more orders the
delimitation of constituencies and cause such order or orders to be published in the
Official Gazette, and there upon such publication, the order or orders shall have the
full force of law and shall not be called in question in any court.
(6) As soon as may be after such publication, every such order relating to assembly
constituencies shall be laid before the Legislative Assembly of the Union territory of Jammu
and Kashmir.
61. (1) The Election Commission may by notification in the Official Gazette,— Power of
Election
(a) correct any printing mistakes in any order made under section 60 or any error Commission
arising therein from inadvertent slip or omission; and to maintain
Delimitation
(b) where the boundaries or name of any territorial division mentioned in any Orders up-to
such order or orders is or are altered, make such amendments as appear to it to be date.
necessary or expedient for bringing such order up-to-date.
(2) Every notification under this section relating to an assembly constituency shall be
laid, as soon as may be after it is issued, before the Legislative Assembly.
62. (1) On and from the appointed day, notwithstanding the publication of orders Special
33 of 2002. under sub-section (1) of section 10 of the Delimitation Act, 2002 or anything contained in provision as
to
sub-section (2) or sub-section (4) of the said section, the Delimitation Act, 2002 shall be readjustment
deemed to have been amended as provided below: of
Parliamentary
(a) in section 2(f), the words “but does not include the State of Jammu and and Assembly
Kashmir” shall be omitted; and Constituencies
on the basis of
(b) for the purpose of delimitation of Assembly and Parliamentary Constituencies, 2011 census.
the words and figure “census held in the year 2001”, wherever occurring, shall be
construed as words and figure “census held in the year 2011”.
18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(2) Readjustment of the constituencies as provided under section 60 in the successor

Union territory of Jammu and Kashmir into Assembly Constituencies, shall be carried by the
Delimitation Commission, to be constituted under the Delimitation Act, 2002 as amended by
this Act, and shall take effect from such date as the Central Government may, by order,
published in the Official Gazette, specify.
(3) Readjustment of the constituencies as provided under section 11 in the successor
Union territory of Jammu and Kashmir into Parliamentary Constituencies, shall be carried by
the Delimitation Commission, to be constituted under the Delimitation Act, 2002 as amended
by this Act, and shall take effect from such date as the Central Government may, by order,
published in the Official Gazette, specify.
Special 63. Notwithstanding anything contained in sections 59 to 61, until the relevant figures
provisions as for the first census taken after the year 2026 have been published, it shall not be necessary
to
readjustment
to readjust the division of successor Union territory of Jammu and Kashmir into Assembly
of Assembly and Parliamentary Constituencies and any reference to the “latest census figures” in this
and Part shall be construed as a reference to the 2011 census figures.
Parliamentary
Constituencies.
Procedure as 64. The procedure as provided in the law made by Parliament, shall apply, in relation to
to the delimitation of Parliamentary and Assembly constituencies under this Part as they apply in
delimitation.
relation to the delimitation of Parliamentary and Assembly constituencies under that law.
PART VI
SCHEDULED CASTES AND SCHEDULED TRIBES
Applicability 65. On and from the appointed day, the Constitution Jammu and Kashmir (Scheduled Jammu and
of Scheduled Kashmir
Castes) Order, 1956, shall stand applied to the Union territory of Jammu and Kashmir and (Scheduled Castes)
Castes Order.
Union territory of Ladakh. Order, 1956.
Applicability 66. On and from the appointed day, the Constitution Jammu and Kashmir (Scheduled Jammu and
of Scheduled Kashmir
Tribes) Order, 1989, shall stand applied to the Union territory of Jammu and Kashmir and (Scheduled Tribes)
Tribes Order.
Union territory of Ladakh. Order, 1989.
PART VII
MISCELLANEOUS AND TRANSITIONAL PROVISIONS
Consolidated 67. (1) On and from the appointed day, all revenues received in the Union territory of
Fund of the Jammu and Kashmir by the Government of India or the Lieutenant Governor of the Union
Union
territory of territory of Jammu and Kashmir in relation to any matter with respect to which the Legislative
Jammu and Assembly of the Union territory of Jammu and Kashmir has power to make laws, and all
Kashmir. grants made and all loans advanced to the Union territory of Jammu and Kashmir from the
Consolidated Fund of India and all loans raised by the Government of India or the Lieutenant
Governor of the Union territory of Jammu and Kashmir upon the security of the Consolidated
Fund of the Union territory of Jammu and Kashmir and all moneys received by the Union
territory of Jammu and Kashmir in repayment of loans shall form one Consolidated Fund to
be entitled “the Consolidated Fund of the Union territory of Jammu and Kashmir”.
(2) No moneys out of such Consolidated Fund shall be appropriated except in
accordance with, and for the purposes and in the manner provided in, this Act.
(3) The custody of such Consolidated Fund, the payment of moneys into such Funds,
the withdrawal of moneys therefrom and all other matters connected with or ancillary to
those matters shall be regulated by rules made by the Lieutenant Governor.
Public 68. (1) On and from the appointed day, all other public moneys received by or on
Account of behalf of the Lieutenant Governor shall be credited to a Public Account entitled “the Public
the Union
Account of the Union territory of Jammu and Kashmir”.
territory of
Jammu and (2) The custody of public moneys, other than those credited to the Consolidated
Kashmir and
Fund of the Union territory or the Contingency Fund of the Union territory of Jammu and
moneys
credited to it. Kashmir, received by or on behalf of the Lieutenant Governor, their payment into the Public
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19

Accounts of the Union territory of Jammu and Kashmir and the withdrawal of moneys from
such account and all other matters connected with or ancillary to the aforesaid matters shall
be regulated by rules made by the Lieutenant Governor on the advice of Council of Ministers.
69. (1) There shall be established a Contingency Fund in the nature of an imprest to be Contingency
entitled “the Contingency Fund of the Union territory of Jammu and Kashmir", into which Fund of Union
territory of
shall be paid from and out of the Consolidated Fund of the Union territory of Jammu and
Jammu and
Kashmir such sums as may, from time to time, be determined by law made by the Legislative Kashmir.
Assembly of the Union territory of Jammu and Kashmir; and the said Fund shall be held by
the Lieutenant Governor to enable advances to be made by him out of such Fund.
(2) No advances shall be made out of the Contingency Fund of the Union territory of
Jammu and Kashmir except for the purposes of meeting unforeseen expenditure pending
authorisation of such expenditure by the Legislative Assembly under appropriations made
by law.
(3) The Lieutenant Governor on the advice of the Council of Ministers may make rules
regulating all matters connected with or ancillary to the custody of, the payment of moneys
into, and the withdrawal of moneys from, the Contingency Fund of the Union territory of
Jammu and Kashmir.
70. (1) The executive power of the Union territory extends to borrowing upon the Borrowing
security of the Consolidated Fund of the Union territory of Jammu and Kashmir within such upon the
security of
limits, if any, as may, from time to time, be fixed by Legislative assembly by law and to the Consolidated
giving of guarantees within such limits, if any, as may be so fixed. Fund of Union
territory of
(2) Any sums required for the purpose of invoking a guarantee shall be charged on Jammu and
the Consolidated Fund of the Union territory of Jammu and Kashmir. Kashmir.

71. The accounts of the Union territory of Jammu and Kashmir shall be kept in such Form of
form as the Lieutenant Governor may, after obtaining advice of the Comptroller and Auditor- accounts of
the Union
General of India, prescribe by rules. territory of
Jammu and
Kashmir.

72. The reports of the Comptroller and Auditor-General of India relating to the accounts Audit reports.
of Union territory of Jammu and Kashmir for any period subsequent to the date referred to in
sub-section (1) of section 67 shall be submitted to the Lieutenant Governor who shall cause
them to be laid before the Legislative Assembly.
73. If the President, on receipt of a report from the Lieutenant Governor of Union Provision in
territory of Jammu and Kashmir, or otherwise, is satisfied,— case of failure
of
(a) that a situation has arisen in which the administration of the Union territory constitutional
of Jammu and Kashmir cannot be carried on in accordance with the provisions of this machinery.
Act, or
(b) that for the proper administration of Union territory of Jammu and Kashmir it
is necessary or expedient so to do,
the President may, by order, suspend the operation of all or any of the provisions of this Act
for such period as he thinks fit and make such incidental and consequential provisions as
may appear to him to be necessary or expedient for administering the Union territory of
Jammu and Kashmir in accordance with the provisions of this Act.
74. Where the Legislative Assembly is dissolved, or its functioning as such Assembly Authorisation
remains suspended, on account of an order under section 73, it shall be competent for the of expenditure
by President.
President to authorize, when the House of the People is not in session, expenditure from the
Consolidated Fund of the Union territory of Jammu and Kashmir pending the sanction of
such expenditure by Parliament.
20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

PART VIII
HIGH COURT
High Court of 75. (1) On and from the appointed day,—
Jammu and
Kashmir to be (a) the High Court of Jammu and Kashmir shall be the common High Court for
common High the Union territory of Jammu and Kashmir and Union territory of Ladakh;
Court.
(b) the Judges of the High Court of Jammu and Kashmir for the existing State of
Jammu and Kashmir holding office immediately before the appointed day shall become
on that day the Judges of the common High Court.
(2) The expenditure in respect of salaries and allowances of the Judges of the common
High Court shall be allocated amongst the Union territory of Jammu and Kashmir and Union
territory of Ladakh on the basis of population ratio.
Special 76. (1) On and from the date referred to in sub-section (1) of section 75, in the Advocates
provision 25 of 1961.
Act, 1961, in section 3, in sub-section (1),—
relating to Bar
Council and (a) in clause (a), the words “Jammu and Kashmir” shall be deleted.
advocates.
(b) after clause (f), the following clause shall be inserted, namely—
- (g) - for the Union territory of Jammu and Kashmir and Union territory of
Ladakh, to be known as the Bar Council of Jammu and Kashmir; and Ladakh.
(2) Any person who immediately before the date referred to in sub-section (1) of
section 75 is an advocate on the roll of the Bar Council of the existing State of Jammu and
Kashmir and practising as an advocate in the High Court of Jammu and Kashmir, may
continue to be members of the “Bar council of Jammu and Kashmir; and Ladakh’’,
notwithstanding anything contained in the Advocates Act, 1961 and the rules made
thereunder.
(3) The persons other than the advocates who are entitled immediately before the date
referred to in sub-section (1) of section 75, on and after that date, be recognised as such
persons entitled also to practise in the common High Court of Jammu and Kashmir or any
subordinate court thereof, as the case may be.
(4) The right of audience in the common High Court of Jammu and Kashmir shall be
regulated in accordance with the like principles as immediately before the date referred to in
sub-section (1) of section 75, are in force with respect to the right of audience in the
High Court of Jammu and Kashmir.
Practice and 77. Subject to the provisions of this Part, the law in force immediately before the date
procedure in referred to in sub-section (1) of section 75 with respect to practice and procedure in the
common High
High Court of Jammu and Kashmir shall, with the necessary modifications, apply in
Court of
Jammu and relation to the common High Court of Jammu and Kashmir and accordingly, the common
Kashmir. High Court of Jammu and Kashmir shall have all such powers to make rules and orders with
respect to practice and procedure as are immediately before that date exercisable by the
common High Court of Jammu and Kashmir:
Provided that any rules or orders which are in force immediately before the date
referred to in sub-section (1) of section 75 with respect to practice and procedure in the
High Court of Jammu and Kashmir shall, until varied or revoked by rules or orders made
by the common High Court of Jammu and Kashmir, apply with the necessary modifications
in relation to practice and procedure in the common High Court of Jammu and Kashmir as if
made by that Court.
Savings. 78. Nothing in this Part shall affect the application to the common High Court of
Jammu and Kashmir of any provisions of the Constitution, and this Part shall have effect
subject to any provision that may be made on or after the date referred to in sub-section (1)
of section 75 with respect to the common High Court of Jammu and Kashmir by any Legislature
or other authority having power to make such provision.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21

PART IX
ADVOCATE-GENERAL OF UNION TERRITORY OF JAMMU AND KASHMIR
79. (1) The Lieutenant Governor shall appoint a person who is qualified to be appointed Advocate
a Judge of the High Court, to be Advocate-General for the Union territory of Jammu and General for
Union
Kashmir. territory of
(2) It shall be the duty of such Advocate - General to give advice to the Government of Jammu and
Kashmir.
such Union territory upon such legal matters and to perform such other duties of a legal
character, as may from time to time be referred or assigned to him by the said Government,
and to discharge the functions conferred on him by or under the Constitution or any other
law for the time being in force.
(3) In the performance of his duties, the Advocate-General shall have the right of
audience in all courts in the Union territory of Jammu and Kashmir.
(4) The Advocate-General shall hold office during the pleasure of the Lieutenant
Governor and receive such remuneration as the Lieutenant Governor may determine.
PART X
AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES
80. The Governor of existing State of Jammu and Kashmir may, at any time before the Authorisation
of expenditure
appointed day, authorise such expenditure from the Consolidated Fund of the Union territory
of Union
of Jammu and Kashmir as he deems necessary for any period not more than six months territory of
beginning with the appointed day pending the sanction of such expenditure by the Legislative Jammu and
Assembly of the Union territory of Jammu and Kashmir: Kashmir.

Provided that the Lieutenant Governor of Union territory of Jammu and Kashmir may,
after the appointed day, authorise such further expenditure as he deems necessary from the
Consolidated Fund of the Union territory of Jammu and Kashmir for any period not extending
beyond the said period of six months.
81. The Governor of existing State of Jammu and Kashmir may, at any time before the Authorisation
appointed day, authorise such expenditure from the Consolidated Fund of Union territory of of expenditure
of Union
Jammu and Kashmir as he deems necessary for any period not more than six months territory of
beginning with the appointed day pending the sanction of such expenditure by the Parliament: Ladakh.
Provided that the President may, after the appointed day, authorise such further
expenditure as he deems necessary from the Consolidated Fund of India for any period not
extending beyond the said period of six months.
82. (1) The reports of the Comptroller and Auditor-General of India referred to in Reports
clause (2) of article 151 relating to the accounts of the existing State of Jammu and Kashmir relating to
accounts of
in respect of any period prior to the appointed day shall be submitted to the Lieutenant Jammu and
Governors of the successor Union territory of Jammu and Kashmir, and Union territory of Kashmir State.
Ladakh.
(2) The Lieutenant Governor of Jammu and Kashmir, thereafter shall cause the reports
to be laid before the Legislature of the Union territory of Jammu and Kashmir.
(3) The Lieutenant Governor of Jammu and Kashmir may by order—
(a) declare any expenditure incurred out of the Consolidated Fund of Jammu and
Kashmir on any service in respect of any period prior to the appointed day during the
financial year or in respect of any earlier financial year in excess of the amount granted for
that service and for that year as disclosed in the reports referred to in sub-section (1) to have
been duly authorised; and
(b) provide for any action to be taken on any matter arising out of the said reports.
22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Distribution of 83. (1) The award made by the Fourteenth Finance Commission to the existing State of
revenue. Jammu and Kashmir shall be apportioned between the successor Union territory of Jammu
and Kashmir; and Union territory of Ladakh by the Central Government on the basis of
population ratio and other parameters:
Provided that on the appointed day, the President shall make a reference to the Union
Tterritories Finance Commission to take into account the resources available to the successor
Union territory of Ladakh and make separate award for the successor Union territory of
Ladakh:
Provided that on the appointed day, the President shall make a reference to the Fifteenth
Finance Commission to include Union territory of Jammu and Kashmir in its Terms of
Reference and make award for the successor Union territory of Jammu and Kashmir.
(2) Notwithstanding anything in sub-section (1), the Central Government may, having
regard to the resources available to the successor Union territory of Ladakh make appropriate
grants and also ensure that adequate benefits and incentives in the form of special
development package are given to the backward areas of this region.
PART XI
APPORTIONMENT OF ASSETS AND LIABILITIES

Application of 84. (1) The provisions of this Part shall apply in relation to the apportionment of the
this Part. assets and liabilities of the existing State of Jammu and Kashmir immediately before the
appointed day, between the successor Union territory of Jammu and Kashmir and successor
Union territory of Ladakh.
(2) The apportionment of the assets and liabilities of the existing State of Jammu and
Kashmir shall be subject to the recommendations of a committee constituted by the Central
Government.
(3) The process of apportionment shall be completed within a period of twelve months
from the appointed day.
PART XII
PROVISIONS AS TO CERTAIN CORPORATIONS AND ANY OTHER MATTERS
Advisory 85. (1) The Central Government may by order, establish one or more Advisory
Committee(s). Committees within a period of 90 days from the appointed day, for the purposes of :
(a) apportionment of assets, rights and liabilities of the companies and
corporations constituted for the existing State of Jammu and Kashmir between Union
territory of Jammu and Kashmir and Union territory of Ladakh;
(b) issues relating to Continuance of arrangements in regard to generation and
supply of electric power and supply of water;
(c) issues related to Jammu and Kashmir State Financial Corporation;
(d) issues related to Companies constituted for the existing state of Jammu and
Kashmir regarding the division of the interests and shares and reconstitution of Board
of Directors;
(e) issues related to facilities in certain State Institutions; and
(f) issues related to any other matters not covered under this section.
(2) The committees so appointed under sub-section (1) of this section, shall
submit their reports within six months to the Lieutenant Governor of Union territory of
Jammu and Kashmir, who shall act on the recommendations of such committees within a
period of 30 days from the date of receiving such reports.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23

59 of 1988. 86. (1) Notwithstanding anything contained in section 88 of the Motor Vehicles Act, Temporary
1988, a permit granted by the State Transport Authority of the existing State of Jammu and provisions as
to
Kashmir or any Regional Transport Authority in that State shall, if such permit was, immediately continuance
before the appointed day, valid and effective in any area in the transferred territory, be of certain
deemed to continue to be valid and effective in that area after that day till its period of existing road
validity subject to the provisions of that Act as for the time being in force in that area; and transport
permits.
it shall not be necessary for any such permit to be countersigned by the Transport Authority
of any of Union territory or any Regional Transport Authority therein for the purpose of
validating it for use in such area:
Provided that the Lieutenant Governor may add to amend or vary the conditions
attached to the permit by the Authority by which the permit was granted.
(2) No tolls, entrance fees or other charges of a like nature shall be levied after the
appointed day in respect of any transport vehicle for its operations in any of the successor
Union Territories under any such permit, if such vehicle was, immediately before that day,
exempt from the payment of any such toll, entrance fees or other charges for its operations
in the transferred territory:
Provided that the Central Government may, after consultation with the
Government of Union territory of Jammu and Kashmir or the administration of Union
territory of Ladakh, as the case may be, authorise the levy of any such toll, entrance
fees or other charges, as the case may be:
Provided further that the provisions of this sub-section shall not be applicable
where any such tolls, entrance fees or other charges of a like nature are leviable for the
use of any road or bridge which is constructed or developed for commercial purpose
by the State Government, an undertaking of the State Government, a joint undertaking
in which the State Government is a shareholder or the private sector.
87. Where the assets, rights and liabilities of any body corporate carrying on business Special
are, under the provisions of this Part, transferred to any other bodies corporate which after provision as
to income-
the transfer carry on the same business, the losses or profits or gains sustained by the body
tax.
corporate first-mentioned which, but for such transfer, would have been allowed to be
carried forward and set off in accordance with the provisions of Chapter VI of the Income-tax
43 of 1961. Act, 1961, shall be apportioned amongst the transferee bodies corporate in accordance with
the rules to be made by the Central Government in this behalf and, upon such apportionment,
the share of loss allotted to each transferee body corporate shall be dealt with in accordance
with the provisions of Chapter VI of the said Act, as if the transferee body corporate had
itself sustained such loss in a business carried on by it in the years in which those losses
were sustained.
PART XIII
PROVISIONS AS TO SERVICES
88. (1) In this section, the expression “State cadre”— Provisions
relating to All-
(a) in relation to the Indian Administrative Service, has the same meaning India Services.
IAS (Cadre) assigned to it in the Indian Administrative Service (Cadre) Rules, 1954;
rules, 1954.
(b) in relation to the Indian Police Service, has the same meaning assigned to it
IPS (Cadre) in the Indian Police Service (Cadre) Rules, 1954; and
rules, 1954.
(c) in relation to the Indian Forest Service, has the same meaning assigned to it
IFS (Cadre) in the Indian Forest Service (Cadre) Rules, 1966.
rules, 1966.
(2) The members of the cadres of Indian Administrative Service, Indian Police Service
and Indian Forest Service for the existing State of Jammu and Kashmir, on and from the
appointed day, shall continue to function on the existing cadres.
(3) The provisional strength, composition and allocation of officers currently borne
on the existing cadre of Jammu and Kashmir to the Union territory of Jammu and Kashmir
24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

and Union territory of Ladakh, as referred to in sub-section (2) shall be such as the Lieutenant
Governor of Union territory of Jammu and Kashmir may, by order, determine on or after the
appointed day.
(4) The members of each of the said services, currently borne on the Jammu and
Kashmir cadre immediately before the appointed day shall be finally allocated between the
successor Union territory of Jammu and Kashmir and Union territory of Ladakh, in such
manner and with effect from such date or dates as the Central Government may, by order,
specify on the recommendation of Lieutenant Governors of Union territory of Jammu and
Kashmir; and Union territory of Ladakh.
(5) The Officers so allocated to both the Union Territories shall function within these
Union Teritories, in accordance with the rules framed by the Central Government.
(6) In future, the All India Service officers to be posted to Union territory of Jammu
and Kashmir or Union territory of Ladakh, as the case may be, shall be borne on the Arunachal
Goa Mizoram Union Territory cadre, and necessary modifications in corresponding cadre
allocations rules may be made accordingly, by the Central Government.
Provisions 89. (1) Every person who immediately before the appointed day is serving on
relating to substantive basis in connection with the affairs of the existing State of Jammu and Kashmir
other services.
shall, on and from that day provisionally continue to serve in connection with the affairs of
the Union territory of Jammu and Kashmir and Union territory of Ladakh, by general or
special order of the Lieutenant Governor of Union territory of Jammu and Kashmir:
Provided that every direction under this sub-section issued after the expiry of a period
of one year from the appointed day shall be issued with the consultation of the Government
or Administartion of the successor Union Territories, as the case may be.
(2) As soon as may be after the appointed day, the Lieutenant Governor of Jammu and
Kashmir shall, by general or special order, determine the successor Union territory to which
every person referred to in sub-section (1) shall be finally allotted for service, after
consideration of option received by seeking option from the employees, and the date with
effect from which such allotment shall take effect or be deemed to have taken effect:
Provided that even after the allocation has been made, Lieutenant Governor of
Union territory of Jammu and Kashmir may in order to meet any deficiency in the
service, depute officers from one successor Union territory to the other Union territory.
(3) Every person who is finally allotted under the provisions of sub-section (2) to a
successor Union territory shall, if he is not already serving therein, be made available for
serving in the successor Union territory from such date as may be agreed upon between the
Government of the successor Union territory of Jammu and Kashmir and Administration of
Union territory of Ladakh, or, in default of such agreement, as may be determined by the
Central Government:
Provided that the Central Government shall have the power to review any of its
orders issued under this section.
Other 90. (1) Nothing in this section or in section 89 shall be deemed to affect, on or after the
provisions appointed day, the operation of the provisions of Chapter I of Part XIV of the Constitution
relating to
in relation to determination of the conditions of service of persons serving in connection
services.
with the affairs of the Union or any Union territory:
Provided that the conditions of service applicable immediately before the appointed
day in the case of any person deemed to have been allocated to the Union territory of Jammu
and Kashmir or Union territory of Ladakh under section 89 shall not be varied to his
disadvantage except with the previous approval of the Lieutenant Governor.
(2) All services prior to the appointed day rendered by a person,—
(a) if he is deemed to have been allocated to any Union territory under section 89,
shall be deemed to have been rendered in connection with the affairs of that Union territory;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25

(b) if he is deemed to have been allocated to the Union in connection with the
administration of the successor Union territory, shall be deemed to have been rendered
in connection with the affairs of the Union, for the purposes of the rules regulating his
conditions of service.
(3) The provisions of section 89 shall not apply in relation to members of any All-India
Service.
91. Every person who, immediately before the appointed day, is holding or discharging Provisions as
the duties of any post or office in connection with the affairs of the existing State of Jammu to
continuance
and Kashmir in any area which on that day falls within one of the successor Union territory
of officers in
shall continue to hold the same post or office in that successor Union territory, and shall be same post.
deemed, on and from that day, to have been duly appointed to the post or office by the
Government of, or other appropriate authority in, that successor Union territory:
Provided that nothing in this section shall be deemed to prevent a competent authority,
on and from the appointed day, from passing in relation to such person any order affecting
the continuance in such post or office.
92. On and from the appointed day, the employees of State Public Sector Undertakings, Provision for
corporations and other autonomous bodies shall continue to function in such undertaking, employees of
Public Sector
corporation or autonomous bodies for a period of one year and during this period the
Undertakings,
corporate body concerned shall determine the modalities for distributing the personnel etc.
between the successor Union Territories.
93. (1) The Public Service Commission for the existing State of Jammu and Kashmir Provisions as
shall, on and from the appointed day, be the Public Service Commission for the Union to State Public
Service
territory of Jammu and Kashmir. Commission.
(2) The Union Public Service Commission, with the approval of the President, shall
serve the needs of the Union territory of Ladakh.
(3) The persons holding office immediately before the appointed day as the Chairman
or other member of the Public Service Commission for the existing State of Jammu and
Kashmir shall, as from the appointed day, be the Chairman or, as the case may be, the other
member of the Public Service Commission for the Union territory of Jammu and Kashmir.
(4) Every person who becomes the Chairman or other member of the Public Service
Commission for the Union territory of Jammu and Kashmir on the appointed day under sub-
section (3) shall be entitled to receive from the Government of the Union territory of Jammu
and Kashmir, conditions of service not less favourable than those to which he was entitled
under the provisions applicable to him.
(5) The report of the Jammu and Kashmir Public Service Commission as to the work
done by the Commission in respect of any period prior to the appointed day shall be presented
to the Lieutenant Governor of the State of Jammu and Kashmir, and the Lieutenant Governor
of the Union territory of Jammu and Kashmir shall, on receipt of such report, cause a copy
thereof together with a memorandum explaining as far as possible, as respects the cases, if
any, where the advice of the Commission was not accepted, the reasons for such non-
acceptance to be laid before the Legislature of the Union territory of Jammu and Kashmir.
PART XIV
LEGAL AND MISCELLANEOUS PROVISIONS
94. On and from the appointed day, in section 15 of the States Reorganisation Act, Amendment
1956, in clause (a), for the words “Jammu and Kashmir” the words “Union territory of Jammu of section 15
of Act 37 of
and Kashmir and Union territory of Ladakh” shall be substituted. 1956.

95. (1) All Central laws in Table -1 of the Fifth Schedule to this Act, on and from the Territorial
appointed day, shall apply in the manner as provided therein, to the Union territory of extent of laws.
Jammu and Kashmir and Union territory of Ladakh.
26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(2) All other laws in Fifth Schedule, applicable to existing State of Jammu and Kashmir
immediately before the appointed day, shall apply in the manner as provided therein, to the
Union territory of Jammu and Kashmir and Union territory of Ladakh.
Power to 96. For the purpose of facilitating the application in relation to the successor Union
adapt laws. Territories, of any law made before the appointed day, as detailed in Fifth Schedule, the
Central Government may, before the expiration of one year from that day, by order, make such
adaptations and modifications of the law, 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 until altered, repealed or amended by a competent
Legislature or other competent authority.
Power to 97. Notwithstanding that no provision or insufficient provision has been made under
construe laws. section 96 for the adaptation of a law made before the appointed day, any court, tribunal or
authority, required or empowered to enforce such law may, for the purpose of facilitating its
application in relation to the Union territory of Jammu and Kashmir or Union territory of
Ladakh, 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.
Power to 98. The Lieutenant Governor, as respects the concerned territory may, by notification
name in the Official Gazette, specify the authority, officer or person who, on or after the appointed
authorities,
etc., for
day, shall be competent to exercise such functions exercisable under any law in force on that
exercising day as may be mentioned in that notification and such law shall have effect accordingly.
statutory
functions.

Legal 99. Where, immediately before the appointed day, the existing State of Jammu and
proceedings. Kashmir is a party to any legal proceedings with respect to any property, rights or liabilities
subject to apportionment among the successor Union Territories under this Act, the Union
territory of Jammu and Kashmir or the Union territory of Ladakh which succeeds to, or
acquires a share in, that property or those rights or liabilities by virtue of any provision of
this Act shall be deemed to be substituted for the existing State of Jammu and Kashmir or
added as a party to those proceedings, and the proceedings may continue accordingly.
Transfer of 100. (1) Every proceeding pending immediately before the appointed day before a
pending court (other than High Court), tribunal, authority or officer in any area which on that day falls
proceedings.
within the State of Jammu and Kashmir shall, if it is a proceeding relating exclusively to the
territory, which as from that day are the territories of any Union territory, stand transferred to
the corresponding court, tribunal, authority or officer of that Union territory.
(2) If any question arises as to whether any proceeding should stand transferred
under sub-section (1), it shall be referred to the common High Court of Jammu and Kashmir
and the decision of that High Court shall be final.
(3) In this section—
(a) proceeding includes any suit, case or appeal; and
(b) corresponding court, tribunal authority or officer in any of Union territory
means—
(i) the court, tribunal, authority or officer in which, or before whom, the
proceeding would have laid if it had been instituted after the appointed day; or
(ii) in case of doubt, such court, tribunal, authority, or officer in that
Union territory, as may be determined after the appointed day by the
Government or administration of that Union territory, or the Central
Government, as the case may be, or before the appointed day by the
Government of the existing State of Jammu and Kashmir to be the corresponding
court, tribunal, authority or officer.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27

101. Any person who, immediately before the appointed day, is enrolled as a pleader Right of
entitled to practise in any subordinate court in the existing State of Jammu and Kashmir pleaders to
practise in
shall, for a period of one year from that day, continue to be entitled to practise in those certain cases.
courts, notwithstanding that the whole or any part of the territories within the jurisdiction of
those courts has been transferred to any of the Union Territories.
102. The provisions of this Act shall have effect notwithstanding anything inconsistent Effect of
therewith contained in any other law. provisions of
the Act
inconsistent
with other
laws.
103. (1) If any difficulty arises in giving effect to the provisions of this Act, the Power to
President may, by order do anything not inconsistent with such provisions which appears remove
difficulties.
to him to be necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of a period of five years from
the appointed day.
(2) Every order made under this section shall be laid before each House of Parliament.
28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

The First Schedule

(See Section 9)
Union territory of Jammu and Kashmir
Members of Council of State

S.No. Name of the sitting Member Term

1. Fayaz Mir Mohammad 11/02/2015 to 10/02/2021
2. Laway Shri Nazir Ahmed 16/02/2015 to15/02/2021
3. Manhas Shri Shamsher Singh 11/02/2015 to 10/02/2021
4. Ghulam Nabi Azad 16/02/2015 to 15/02/2021
The Second Schedule
[See Section 11(1)]
Amendments to the Delimitation of Parliamentary Constituencies Order, 1976
Union territory of Jammu and Kashmir
Parliamentary Constituencies

S.No. Name of the Constituency Extent of Constituency

1. Baramulla Baramulla District

2. Srinagar Srinagar District
3. Anantnag Anantnag District
4. Udhampur Udhampur, Doda and Kathua Districts
5. Jammu Jammu, Rajouri and Poonch Districts

Union territory of Ladakh

Parliamentary Constituency

S.No. Name of the Constituency Extent of Constituency

1. Ladakh Ladakh District

Note.— (i) Any reference in this Schedule to a district shall be taken to mean the area comprised within that district on the
1st day of August, 1975.
(ii) As per details included in Delimitation of Parliamentary and Assembly Constituencies Order, 1976 under
Articles 81 & 82 of the Constitution of India as applied to the State of Jammu and Kashmir by the Constitution
(Application to J&K) Order, 1954 (C.O. 48).
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29

The Third Schedule

[See Section 14(5)]
Amendments to the Delimitation of Assembly Constituencies Order, 1995
Union territory of Jammu and Kashmir
Assembly Constituencies

S. Name of the Assembly Extent

No. Constituency
1 2 3
KUPWARA DISTRICT
1. Karnah All PCs of Tehsil Karnah; PC Keran of Tehsil Kupwara.
2. Kupwara PCs 18-Sulakot, 20-Radabug, 22-Bumhama , 23-Drugmulla, 25-Gushi, 26-Batergam,
27-Dadikoot, 30-Gulgam, 31-Harrai, 32-Hayan, 33-Trehgam, 34-Guglose, 35-Kralpora,
36-Guzeryal, 37-Gundizona-Reshi, 38-Panzgam, 39-Meelyal, 40-Shooloora,
41-Dardihairi-Kharagund, 42-Kupwara and P.C. 55-Manzgam in Tehsil Handwara.
3. Lolab PCs 1-Harduring, 2-Chontiwari, 3-Machil, 4-Kalaroch, 5-Khumrayal, 6-Kanthpora,
7-Wawoora, 8-Maidanpora, 9-Khurhama, 10-Warnow, 11-Krusan, 12-Sogam,
13-Darapora, 14-Lalpora, 15-Chandigam, 16-Tekipora, 17-Dewar Inderbug,
19-Manigah, 29-Haihama, 45-Dardapora in Kupwara Tehsil.
4. Handwara PCs 8-Maidan Chogal, 28-Taratpora, 29-Wilgam, 30-Lilam, 31-Dulipora, 32-Opzawani,
33-Shogapora, 34-Neelipora, 35-Magam, 36-Jagarpora, 39-Behnipora, 40-Rajpora,
41-Zachaldara, 42-Wadder, 43-Turkapora, 44-Chanjimulla, 45-Wadipora, 46-Bhaki
Akhar, 47-Batakoot, 48-Braripora, 49-Waripora Gonipora, 50-Nutanoosa,
51-Kandikhas, 52-Handwara; 53- Dhama, 54-Panchakoot in Tehsil Handwara; and
21-Kegam, 28-Nagrimalpora, 24-Najatpora in Tehsil Kupwara.
5. Langate PCs 1- Langate, 2-Unusu, 3-Pohrupeth, 4-Glura, 5- Martgam, 6-Hanga, 7-Shanoo,
9-Nowgam, 10-Mawar, 11- Qalamchakla, 12- Adura, 13-Haril, 14-Drangsoo-Shah-
Nagri, 15-Udipora, 16- Kralagund, 17-Lokipora, 18-Kichlo Qazipora, 19-Khaipora,
20-Panditpora, 21-Super-Nagam, 22-Ashapora, 23-Safalpora, 24-Kralpora,
25-Deedarpora, 26-Shathgund-Balla, 27-Rawalpora, 37-Wasiakawnar, 38- Lachampora
in Tehsil Handwara.
BARAMULLA DISTRICT
6. Uri All PCs in Tehsil Uri.
7. Rafiabad PCs 11-Chakloo, 12- Nadihal, 13-Shitloo, 15-Biner Kahdoora in Tehsil Baramulla;
and
PCs 5-Nowpora Kalan, 8-Watergam, 9-Fidarpora, 10-Handipora, 11-Yarbug,
12-Riban-Ramhama, 13- Ladora, 14-Rehama, 15-Chijahama, 16- Wanpora, 17-Panzalla-
Gundabal, 18- Sailkoot, 19-Balhama-Thakanpora, 20-Chatoosa, 21-Dangiwacha,
22-Rawacha, 23-Harduchanam, 24-Bakshipora-Batapora, 25-Zithan, 36- Behrampora,
37-Chitlora, 38- Achabal in Tehsil Sopore.
8. Sopore PCs 1-Sopore with NAC, 2- Warapora, 3- Arampora, 4- Dangerpora, 6- Watalab,
32- Seeloo, 33- Botingoo, 34- Mundji, 35- Duroo, 39- Hardu-Shiva, 41- Aadipora-
Bomai, 42-Wadoora, 40-Tujar-Pahlihar, 43- Harwan, 44- Zaloora in Tehsil Sopore.
30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

1 2 3
9. Gurez All PCs in Tehsil Gurez.
10. Bandipora All PCs in Tehsil Bandipora; and PC 1- Ajas of Tehsil Sonawari.
11. Sonawari All PCs in Tehsil Sonawari excluding PC 1-Ajas.
12. Sangrama PCs 16-Kreeri, 17-Wizar, 18-Authora, 19-Shalakawara, 20-Nowpora-Jagir,
21-Wagoora, 22-Kachumuqam, 24- Manigam, 25-Kalantara-Balla, 26 - Dandmoh,
27- Sultanpora-Kandi in Tehsil Baramulla; and 7-Tarzoo, 26-Hygam, 27-Seer-Jagir,
28-Bulagam, 29-Sangrama, 30-Krank-Shivan, 31-Wagub in Tehsil Sopore.
13. Baramulla PCs 1- Laridora, 2- Heewan, 30 Malapora, 4-Kich-Hama, 50-Ushkara, 6-Khanpora
with NAC, 7-Khaja-Bagh, 8-Taki-Sultan, 9-Khaitangan, 10-Delina, 14-Kansipora,
23- Chandoosa in Tehsil Baramulla.
14. Gulmarg All PCs in Teshil Gulmarg; and 2-Wailoo Kralpora, 8-Sriwarpora, 9-Chokar,
10- Waripora-Bangil, 12- Malmoh, 13- Nowlari, 16-Yal in Tehsil Pattan.
15. Pattan Tehsil Pattan excluding 2-Wailoo-Kralpora, 8-Sriwarapora, 9-Chokar, 10-Waripora
Bangil, 12- Malmoh, 13-Nowlari and 16-Yal.
SRINAGAR DISTRICT
16. Kangan All PCs of Tehsil Kangan; and PCs -Manigam, 2-Wailoo, 3-Nunar in Tehsil Ganderwal.
17. Ganderbal Tehsil Ganderbal excluding 1-Manigam, 2-Wailoo, 3-Nunar and P.C. Haran in Srinagar
Tehsil.
18. Hazratbal Ward 16 in Srinagar Municipality (excluding Municipal areas not falling in Srinagar
Tehsil but falling in Ganderbal Tehsil) and PC 9-Bachpora in Tehsil Ganderbal and
Wards 17 and 12 except the following Mohallas of Ward 12 ; Mugal Mohalla,
Surateng, Khawjapora, Kocha Nidan, Zindashah and boat population of these
wards.
19. Zadibal Wards 14 and 15 in Srinagar Municipality and boat population of Anchar and of the
ghats of these wards.
20. Idgah Wards 8 and 11 in Srinagar Municipality and P.C. 38-Palpora and 41-Sangam in
Srinagar Tehsil.
21. Khanyar Wards 10-13 of Srinagar Municipality and the following mohallas of Ward
12-Mugal Mohalla, Surateng, Khawjapora, Zindshah and Kocha Nidan and boat
population of these wards.
22. Habbakadal Wards 7 and 9 in Srinagar Municipality and boat population of Wards 6, 7 and 9.
23. Amirakadal Wards 3 and 4 in Srinagar Municipality excluding (i) Natipora (rural), (ii) Rawalpora
(rural), (iii) Hyderpora (rural) ;
and excluding Aramwari, Gund Chandal, Stingoo, Sutho Kirther Bagh in Tehsil
Chadoora and Watdoor, Galwanpora Laloo and Shesgam Bagh in Tehsil Badgam
and boat population of these wards and of Ward 5.
24. Sonawar Wards 1 and 2 in Srinagar Municipality and Badamibagh Cantonment and P.C.
21-Chitrahama, 19-Dara, 29-Khunmu, 30-Balhama, 31-Zewan in Tehsil Sringar and
boat population of ghats in these wards.
25. Batamaloo Wards 5 and 6 in Srinagar Municipality ; and PCs 6-Mujgund, 42-Bachipora Tengpora
in Srinagar Tehsil.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 31

1 2 3

BUDGAM DISTRICT
26. Chadoora The following Patwar Circles of Tehsil Chadoora, 16-Chadoora, 24-Chattergam,
25-Wagora, 26-Wathura, 27-Khanda, 28-Bugam Batapora, 29-Kralpora, 30-Hayatpora,
31-Pohroo, 32-Rakh Shalina, 33-Bagati Kanipora, 34-Nowgam, 35-Kanihama,
36-Daulatpora, 38-Natipora rural area outside Srinagar Municipal limits in ward
4 and 39-Lasjan and Aramwari, Gund, Chandal Stengoo, Suthoo, Kirtherbagh and
40-Kursu Padshahibagh.
27. Badgam PCs 1-Soibugh, 2-Dhrmana, 3-Wahabpora, 4-Arth, 5-Wadwan, 6-Bemina, 7-Pallar,
8-Garriend Kalan, 9-Sholipra, 10-Nassar-ullah-Pora, 11-Jahama, 12-Water-Wani,
28-Chune, 29-Badgam, 30-Ompora 31-Narkara, 32-Humhama, 35-Karewa Damodar,
36-Gund-Sathu, 37-Ichakoot, 38-Ichgam, 33-Rawalpora (rural), 34-Hyderpora (rural)
in Badgam Tehsil.
28. Beerwah PCs 1-Suzeth-Gooripora, 2-Kawoosa Khalisa, 3-Kawoosa Jagir, 4-Batapora
Kahihama, 5-Sanoor-Kalipora, 6-Hardu Malpora, 7-Bandagam, 8-Utligam, 9-Mula-
Shulla, 10-Sonapah, 12-Gondipora, 21-Shanglipora, 22-Khag, 23-Malpora Khag,
24-Himchipora, 25-Lalpora, 26-Beerwah, 27-Chewdara, 28-Peth Mukahama,
29-Rathusun, 30-Bona Makhama, 31-Nagam, 32-Iskanderpora, 33-Aripanthan,
34-Palpora, 36-Hardua-Shorsh in Tehsil Beerwah.
29. Khansahib PCs 1-Hokhalatri, 13-Phartahn, 14-Kandoora, 15-Drahg, 16-Sitaharan, 17-Zogikharian,
18-Arizal, 19-Qamroo, 20-Rawalpora-Beerwah ; and PC 35- Sail in Tehsil Berwah;
and PCs 13-Waterhail, 14-Jawalapora, 15-Sondipora, 16-Dalipora, 17-Yari Khah,
18-Talapora, 19-Parnawah, 20-Drayagram, 21-Frestwar Khasipora, 22-Arigam,
23-Khan Sahib, 24-Raithan, 25-Kachwari, 26-Gurwait Kalan, 27-Falchall in Tehsil
Budgam.
30. Chrar-i-Sharief PCs 1-Gogji Pathari, 2-Brinjan, 3-Hafroo Batapora, 4-Branawar, 5-Surasyar, 6-Dada-
Ompara, 7-Hanjura, 8-Nowpora, 9-Pakharpora, 10-Hardu Dalwan Futlipora,
11-Teelsarah, 12-Chrar-i-Sharief, 13-Watkaloo, 14-Darawan Nowgam, 15-Chtsesn,
17-Nagam, 18-Badipora, 19-Yarikalan, 20-Ropora Namtihal, 21-Kanir, 22-Ranger,
23-Sogam, 37-Nowhar in Tehsil Chadoora.
PULWAMA DISTRICT
31. Tral All PCs in Tehsil Tral.
32. Pampore All PCs in Tehsil Pampore and Patwar Circles 26-Awantipora, 27-Padgampora,
29-Lilhar, 46-Nihama, 47-Kakapora in Tehsil Pulwama.
33. Pulwama PCs 1-Inder, 2-Gangoo, 5-Pulwama with NAC, 9-Ratnipora, 10-Pahoo, 11-Trich,
12-Koil, 13-Pinglina, 14-Narwa, 17-Litter-Shistar, 18-Nayina, 19-Panzgam,
20-Dogripora, 21-Rishipora, 22-Laderpur, 23-Nownagri, 24-Tokna, 25-Malangpora,
28-Lajoora, 40-Palapora, 45-Newa, 48-Jagir Parigam, 49-Tumchi Nowpora,
50-Hakripora in Tehsil Pulwama.
34. Rajpora PCs 3-Karimabad, 4-Moran, 6-Kangan, 7-Wahibugh, 8-Gosoo, 15-Bonarah,
16-Trichal, 30-Ramoo, 31-Billowdergund, 32-Qasbayar, 33-Drubgam, 34-Mitrigam,
35-Abhama, 36-Trujan, 37-Khaigam, 38-Noorpora Payeen, 39-Arihal, 41-Tahab-
Shadipora, 42-Achan, 43-Chandigam, 44-Rajpora in Tehsil Pulwama.
35. Wachi PCs 8-Kalroo Malikgund, 9-Nadigam, 11-Dangerpora, 12-Turka Wangam,
13-Urapora, 14-Hardu-Handow, 15-Harmain, 16-Chak-Chowand, 17-Kapran,
19-Dangam, 20-Chakora, 21-Pratabpora, 24-Kanji-Ullar, 25-Chitragam,, 26-Darikalpora,
27-Hef, 28-Sugan, 29-Awnera, 30-Wachi, 31-Aglar, 32-Zainapora, and 39-Allowpora-
Sheikhpora in Tehsil Shopian.
32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

1 2 3
36. Shopian PCs 1-Saidapora, 2-Meemandar, 3-Arhama, 4-Pinjoora, 5-Ganowpora Arish,
6-Bemnipora, 7-Harapora, 10-Trenz, 18-Vehilchal-Awatoo, 22-Sedew, 23-Ram Nagri,
33-Diyaroo, 34-Barthipora, 35-Daramdoora, 36-Zoora-Baderhama, 37-Narapora,
38-Keegam, 40-Keller Mastpora, 41-Pahlipora, 42-Sindhu-Shrimal, 43-Shopian,
44-Devipora (forest block) in Tehsil Shopian.
ANANTNAG DISTRICT
37. Noorabad. PCs 5-Malwan, 6- Pahloo, 7-Akhal, 23- Gudder, 34-Brinal Lamber, 46-Damhal-
Hanjipora, 47- Ahmada-Abad, 48- Yaroo, 49 - Hardu-Mandagori, 51- Manzgam,
52-Asnoor, 53-Wattoo, 54-Avil, 55-Khuri-Batapora, 56-Nagam, 57-Danow-Kandimarg,
58-Bdi-Jehalan, 59-Chimar, 60-Qasba Khul, 61-Nandimarg in Tehsil Kulgam.
38. Kulgam PCs 1-Kulgam with NAC, 2-Hanad-Chawalgam, 3-Amnoo, 4-Chamabagund,
11-Ashmuji, 19-Mirhama, 20-Akey, 21-Pariwan, 22-Chehla, 24-Areh, 25-Bihibagh,
26-Gopalpora, 38-Bugam, 39-Tarigam-Devsar, 43-Yamroch, 44-Munand-Guffan,
45-Katersoo, 50-Largurhama in Tehsil Kulgam.
39. Home-Shalibugh PCs 8-Uranhal, 9-Tuli-Nowpora, 10-Kujar, 12-Redwani, 13-Arwani, 14-Frisal,
15-Jablipora, 16-Wanpora, 17-Hassanpora Tavela, 18-Khandi-Phari, 40-Tarigam-
Devibugh, 41-Matibugh, 42-Homshalibugh in Tehsil Kulgam.
40. Anantnag PCs 1-Qasba Bhagat, 2-Khanabal, 3-Roohoo, 4-Kamar, 5-Anchidoora, 6-Hardu-
Chichan, 10-Ranbirpora in Tehsil Anantnag.
41. Devsar PCs 27-Devsar, 28-Bona Devsar, 29-Kilam-Buzgam, 30-Hablishi, 31-Nipora, 32-Laram-
Ganipora, 33-Chowgam, 35-Razloo, 36-Waitengu, 37-Sopat Tengpora, 62-Oral in
Tehsil Kulgam ; and
PCs 18-Vesoo, 19-Nasoo-Badargund, 20-Panzeth, 21-Kurigam, 23- Qazigund with
NAC in Doru Tehsil.
42. Doru PCs 1- Doru, 2-Bragam, 3-Oibamdooth, 4-Mantpora, 5-Larkipora, 6-Hakura, -
Badasgam, 7-Batgund, 8-Verinag, 9-Sadiwara, 10-Mundah, 11-Hiller, 12-Nowgam
Shahabad, 13-Rain-Chowgund, 14-Thamankoot, 15-Qamar, 16-Halsidar, 17-Kapron,
22- Wangund in Tehsil Doru.
43. Kokernag PCs 28-Saagam, 29-Bider-Hayatpora, 30-Bhai, 31-Akingam, 32-Nagam, 33-Soof-Shali,
34-Panzgam, 35-Bindo-Zulangam, 36-Devalgam, 37-Nalla-Sund-Brari, 38-Lohar-Sanzi,
39-Ahlan-Gadol, 40-Kharatti, 41-Desoo, 42-Kharapora, 43-Qasba-Nowbugh, 44-Mati
Hundoo, 45-Larnoo, 46-Kokernag NAC, 47-Achabal NAC in Tehsil Anantnag.
44. Shangus PCs 13-Sahibabad, 14-Nowgam, 15-Imoh, 16- Brakapora, 17-Shangus, 18-Uttarsoo,
19-Kreri, 20-Chatergul, 21-Ghikalpora, 22-Ranipora, 23-Detho-Nagnarian,
24-Gopalpora, 25-Telwani, 26-Kwarigam, 27-Ahupaisan in Tehsil Anantnag.
45. Bijbehara All PCs in Tehsil Bijbehara and PCs 7-Macha Bawan, 11-Nanilang, 12-Akora in
Tehsil Anantnag.
46. Pahalgam All PCs in Tehsil Pahalgam and PCs 8-Seer-Kanligund, 9-Salia in Tehsil Anantnag.
DODA DISTRICT
47. Kishtwar PCs 1-Marghi, 2-Inshan, 3-Yerudu, 4-Renai, 5-Nowpachi, 6-Chanjer, 7-Qaderana,
8-Deharana, 9-Lopara, 10-Loharna, 11-Soundhar, 19-Palmar, 30-Trigam, 31-Kishtwar,
32-Matta, 33-Poochal, 34-Dool, 35-Bhagnah, 36-Galarbahta, 37-Atholi, 38-Sohal,
39-Ishtiari, 40-Gulabgarh, 41-Massu, 42-Kishtwar NAC, 43-Forest Block in Tehsil
Kishtwar.
48. Inderwal PCs 12-Chingam, 13-Inderwal, 14-Chatroo, 15-Sigdi, 16-Moolchhiter, 17-Drubeel,
18-Kochal, 20-Filler, 21-Pakhalan, 22-Keshwan, 23-Shandri, 24-Sangna, 25-Patnazi,
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 33

1 2 3
26-Jawalapur, 27-Loundri, 28-Badhat and 29-Karool in Tehsil Kishtwar ; PCs
1-Jakyas in Tehsil Bhalesa (Gandoh) and following PCs of Tehsil Thathri :--
1-Jangalwar, 3-Malanoo, 4-Kansu, 10-Kandote.
49. Doda All PCs of Tehsil Doda except 8-Dessa, 9-Dhandal, 10-Kastigarh, 11-Shamti,
12-Chaka Kundi, 13-Assar, 14-Charrota.
50. Bhaderwah All PCs of Tehsil Bhaderwah and PCs 2-Budhli, 3-Chilli, 4-Drawani, 5-Kahal Jugasar,
6-Budwar, 7-Chanisar, 8-Kilotran, 9-Kharangal, 10-Gandoh in Tehsil Bhalesa ; and
PCs 2-Jora, 5-Bhaja, 6-Bhalla, 7-Jagiti, 8-Bhallari, 9-Rokali, 11-Pamshayee in Tehsil
Thathri.
51. Ramban (SC) All PCs of Tehsil Ramban except 5-Sarbagni and PCs of 8-Dessa, 9-Dhandhal,
10-Kastigarh, 11-Shamti, 12-Chaka, 13-Assar, 14-Charrota of Tehsil Doda.
52. Banihal All PCs of Tehsil Banihal and 5-Sarbagni in Tehsil Ramban.
UDHAMPUR DISTRICT
53. Gulabgarh PCs 2-Mahore, 2-Sarh, 3-Dewal, 4-Gulabgarh, 5-Chasote, 6-Bagankote, 7-Shergarhi,
8-Shikari, 9-Kanthi, 10-Tulibana, 13-Shajroo in Tehsil Gulabgarh and PC 16-Jij in
Tehsil Reasi.
54. Reasi Tehsil Reasi except following PCs:—
1.Salal, 15-Chinkah, 16-Jij, 17-Thakrakote and following PCs of Tehsil Udhampur:—
13-Panjar, 14-Lali, 15-Ladah, 17-Dhandu, 18-Jhandawa, 32-Badhota and 19-Suhal.
55. Gool Arnas Following PCs of Tehsil Gool Gulabgarh:—
11-Thuru, 12-Bhudhan, 14-Kanthan, 15-Judda, 16-Dhanow, 17-Kali Masta, 18-Gool,
19-Thatharka, 20-Sangaldan, 21-Forest Block ; and 1-Salal, 15-Chinkah, 17-Thakrakote
in Tehsil Reasi.
56. Udhampur All PCs of Tehsil Udhampur except the following PCs :—
13-Panjar, 14-Lali, 15-Ladha, 17-Dhandu, 18-Jhandawa, 19-Suhal, 20-Ludha, 21-Balian,
27-Sunal, 29-Meer, 30-Kathi, 32-Badhota.
57. Chenani (SC) All PCs of Tehsil Chenani and following PCs of Tehsil Udhampur :—
20-Ladha, 21-Balian, 27-Sunal, 29-Meer, 30-Kathi and following PCs of Tehsil
Ramnagar.
10-Dudu, 11-Latti, 31-Ghordi, 33-Hartarian, 34-Dandal, 35-Barmeen, 36-Nalla Ghoran.
58. Ramnagar All PCs of Tehsil Ramnagar except the following :—
10-Dudu, 11-Latti, 31-Ghordi, 33-Hartarian, 34-Dhandal, 35-Barmeen, 36-Nala Ghoran.
KATHUA DISTRICT
59. Bani PCs 14-Bani, 15-Banjal, 16-Fatehpur, 17-Sandroon, 18-Rolka, 19-Buggah, 20-Lowang,
21-Kanthal, 22-Surjan, 23-Dhanggar, 24-Koti, 25-Forest Block in Tehsil Basohli and
9-Godu Flal, 10-Bdnota, 11-Machadi, 20-Malhar in Tehsil Billawar.
60. Basohli PCs 1-Thein, 2-Basantpur, 3-Lakhanpur, 4-Hatli, 7-Tridwan, 36-Lakhanpur NAC,
29-Berthian and 30-Sorlian in Tehsil Kathua and PCs 1-Basohli, 1-a-Basohli NAC,
2-Sandhar, 3-Hutt, 4-Bhoond, 5-Saman, 6-Dhar Jankar, 7-Dhar Mahanpur, 8-Plahi,
9-Prita, 10- Saber, 11-Patti, 12-Athalith, 13-Mahanpur in Tehsil Basohli and PCs
21-Dhar Digno, 22-Huttar, 23-Dambra in Tehsil Billawar.
34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

1 2 3
61. Kathua PCs 5-Dilwan, 6-Maha, 8-Kharote, 9-Taraf Manjili, 10-Taraf Tajwal, 11-Karian,
12-Taraf Bajwal, 13-Changran, 14-Govindsar, 15-Chak Soon Noopa, 16-Khakhyal,
17-Mirpur Ram, 18-Taraf Balla, 20-Katharian, 21-Janglote, 22-Loagate, 23-Jakhbar,
24-Airwan, 26-Chak Sakta, 27-Budhi, 28-Nanan, 31-Barwal, 32-Jherhere, 33-Kathua
Forest Block, 34-Kathua NAC , 35-Perlain and 25-Folote in Tehsil Kathua.
62. Billawar PCs 11-Katli, 17-Bhaya, 21-Denga Amb, 23-Dhamal, 25-Mangloor, 26-Chelakh,
27-Salain in Tehsil Hiranagar and PCs 1-Ramkot, 2-Makwal, 3-Salora, 4-Rajwlta,
5-Danjisdhar, 6-Thara Kalwal, 7-Kalyal, 8-Thanthoo, 12-Kohag, 13-Malti, 14-Durang,
15-Dharan Kote, 16-Bhaddu, 17-Billawar, 18-Billawar NAC, 19-Buggan, 24-Parnala,
25-Pallan in Tehsil Billawar and PC 19-Juthana in Tehsil Kathua.
63. Hiranagar (SC) 1-Jatwal, 2-Nonath, 3-Ghagwal, 4-Sarath, 5-Bhatyari Kotlan, 6-Sanoora, 7-Mawa,
8-Nohran, 9-Chachwal, 10-Sarti Kalan, 12-Chak Dulma, 13-Jondi, 14-Londi, 15-Rajpura,
16-Kootah, 18-Gurah Mathian, 19-Bavia, 20-Katal Brahmana, 24-Hamirpur, 28-Chhan
Rorian, 29-Marheen, 22-Saiswan, 30-Khanpur, 31-Hiranagar, 32-Hiranagar NAC,
33-Pansar, 34-Kore Punu, 35-Chak Deva, 36-Chak Bhagwana, 37-Chak Kahna,
38-Chadwal, 39-Forest Block in Tehsil Hiranagar.
JAMMU DISTRICT
64. Samba (SC) PCs 1-NAC Samba, 2-Samba Khas, 3-Taloor, 4-Amli, 5-Durin, 6-Katli, 7-Ram Nagar,
8-Pingdore, 11-Sunian, 10-Sarna, 12-Bhartgarh, 13-Suran, 14-Goran, 15-Balhter,
17-Katwalta, 18-Kharah Madena, 21-Baghore, 22-Purmandal, 24-Mohar Garh,
25-Badhari, 26-Kard in Tehsil Samba and PC 28-Chaudi in Jammu Tehsil.
65. Vijaypur PCs 9-Khanpur, 20-Vijaypur, 23-Gurah Salathian, 28-Harmander, 29-Chak Salarian,
30-Nanga, 31-Logwal, 32-Keso Manhasan, 33-Ramgarh, 34-Gho-Brahmana, 35 Chak
Chataka, 36-Chann Fatwal, 37-Abtal, 38-Swankha, 39-Mahal Shan, 40-Rari,
41-Smailpur, 27-Birpur, 42-Tarore, 43-Bagla, 44-Gandwal in Tehsil Samba.
66. Nagrota PCs 39-Ranjan, 40-Sarote, 41-Jandial, 42-Gorda, 44-Nagrota, 45-Dansal, 46-Jhajar
Kotli, 47-Thara, 48-Bamyal, 49-Katal Batal, 50-Shiba, 51-Jagti, 52-Jindrah, 53-Kanyala,
54-Kothar, 55-Kharte, 56-Dhan, 57-Songoon, 58-Ponthal, 59-Surinsar in Tehsil Jammu
and PCs 16-Bain Bajalta, 19-Aitham in Tehsil Samba.
67. Gandhinagar Ward-16 (Gandhinagar), Ward-17 (Naibasti), Ward-22 (Chhani Rama), Ward-23
(Bahu), 24-Digiana, 26-Bahu, 27-Sunjwan, 29-Gadigarh, 30-Satwari in Tehsil Jammu.
68. Jammu East Wards 1 to 6, 9, 10, 12 and 15.
69. Jammu West Wards 7, 8, 11, 13, 14, 18, 19, 20 and 21.
70. Bishnah All PCs in Tehsil Bishnah and 25-Naugran in Tehsil Jammu.
71. R. S. Pura (SC) PCs 1-Salhar, 2-Rathana, 3-Kandlihar, 4-Khour, 5-Kalyana, 14-R. S. Pura with NAC,
15-Khas Gigian, 16-Chohalla, 19-Kirpind, 20-Kotli Shah Dula, 25-Marlia, 24-Darsopur,
35-Gondla in Tehsil R. S. Pura.
72. Suchetgarh PCs 6-Dablihar, 7-Magowali, 8-Parlah, 9-Chak Baza, 10-Nekowal, 11-Jevroh, 12-Saie
Kalan, 13-Chak Mulo, 17-Badyal Brahmana, 18-Jssore, 21-Chak Agra, 22-Fatehpur
Brahmana, 25-Samka, 26-Baspur, 27-Rangpur Malana, 28-Suchetgarh, 29-Chandu
Chak, 30-Satowali, 31-Grarana, 32-Badyal Qazian, 33-Abdal, 34-Chakroi in Tehsil
R. S. Pura.
73. Marh PCs 60-Prahaladpur, 61-Mandal, 62-Sum, 65-Gho Manhasan, 66-Sohanjana, 67-Thub,
68-Sahran, 69-Rathua, 70-Chanore, 71-Makwal, 72-Gool, 74-Gajansoo, 75-Kalyanpur,
76-Kahnachak, 77-Marh, 78-Gangoo Chak, 79-Kalrup, 80-Dhateryal, 31-Flora
Nagbani in Tehsil Jammu.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 35

1 2 3
74. Raipur Domana (SC) PCs 31-Paloura, 32-Muthi, 33-Barn, 34-Siri Panditan, 35-Gharota, 36-Raipur Domana,
37-Kot Bhalwal, 38-Amb, 43-Kaink, 63-Hakkal, 64-Khandwal, 73-Bhadora, 82-Panjore
in Tehsil Jammu.
75. Akhnoor PCs 1-Chowki, 2-Choura, 3-Kathar, 4-Mandarian, 8-Narri, 6-Ambaran, 7-Barui,
9-Ganderwan, 10-Manda, 11-Akhnoor Khas, 12-Sungal, 13-Pangairi, 14-Devipur,
15-Chak Kirpalpur, 16-Jadh, 17-Muthi Maira, 18-Rakh Dhoke, 19-Saliote, 20-Ghar
Majoor, 21-Mawa Brahmana, 22-Leherian in Tehsil Akhnoor.
76. Chhamb (SC) PCs 8-Mattoo, 24-Gurah Manhasan, 25-Sarwal, 23-Pargwal, 26-Bhalwal Malu,
27-Hamirpur, 28-Bakore, 29-Chak Malal, 30-Derian, 31-Sainth, 32-Gigarial, 33-Khour,
34-Kot Mera, 35-Palanwala, 36-Kharah, 37-Nathal, 38- Doori, 39-Chhani Dewanoo,
40-Samuan, 41-Chakla in Tehsil Akhnoor.
RAJOURI DISTRICT
77. Nowshera All PCs of Tehsil Nowshara except 11-Narian and all PCs of Tehsil Sunderbani.
78. Darhal All PCs of Tehsil Budhal except 3-Khawas, 6-Kote Chalwal and following PCs of
Tehsil Thanamandi :—
5-Darhal, 6-Chowdian, 7-Nadian, 8-Ujhan ; and PC 4-Nagrota in Tehsil Rajouri.
79. Rajouri Following PCs of Tehsil Rajouri :—
1-Gambir Muglan, 2-Dani-Dhar, 7-Bathooni, 8-Sarola, 9-Sohana, 10-Doongi
Brahmana, 11-Katarmal, 12-Deri Delote, 13-Panj Grain, 14-Galhoti, 15-Fatehpur,
17-Bagla, 19-Rampur with NAC Rajouri with following PCs of Thanamandi Tehsil:—
1-Dodasan Balla, 2-Saaj, 3-Shahdara Sharief, 4-Hosplote, 10-Thanamandi with NAC
and 9-Bharote.
80. Kalakote All PCs of Tehsil Kalakote and following PCs of Tehsil Rajouri :—
2-Dalhari, 3-Dhangri, 6-Potha Grlana, 16-Khanpur Chingus, 18-Bhadoon and PC
11-Narian of Tehsil Nowshera ; and
3-Khaskote Chalwal of Budhal Tehsil.
POONCH DISTRICT
81. Surankote All PCs in Surankote Tehsil and PCs 12-Rajpur, 21-Shindra, 22-Seri-Khawja in Poonch
Tehsil.
82. Mendhar All PCs of Tehsil Mendhar.
83. Poonch Haveli All PCs of Tehsil Poonch except 12-Rajpur, 21-Shindra, 22-Sheri Khawja.
Note.—Any reference in this table to a Tehsil, Patwar Circle (P.C.), Ward or N.A.C. (Notified Area Committee) shall be taken
to mean the area comprised within that Tehsil, Patwar Circle, Notified Area Committee or Ward as on 1-4-1995.
36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

The Fourth Schedule

(See Sections 16, 24 and 54)
FORMS OF OATHS OR AFFIRMATIONS
I
FORM OF OATH OR AFFIRMATION TO BE MADE BY A CANDIDATE FOR ELECTION TO THE LEGISLATIVE
ASSEMBLY OF THE UNION TERRITORY OF JAMMU AND KASHMIR
"I, A.B., having been nominated as a candidate to fill a seat in the Legislative Assembly of _________________do
swear in the name of God/ solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law
established and that I will uphold the sovereignty and integrity of India."
II
FORM OF OATH OR AFFIRMATION TO BE MADE BY A MEMBER OF THE LEGISLATIVE ASSEMBLY OF THE
UNION TERRITORY OF JAMMU AND KASHMIR
"I, A.B., having been elected (or nominated) a member of the Legislative Assembly of ______________ do swear in
the name of God/ solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established,
that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about
to enter."
III
FORM OF OATH OF OFFICE FOR A MEMBER OF THE COUNCIL OF MINISTERS OF THE UNION TERRITORY OF
JAMMU AND KASHMIR
"I, A.B., ______________ do swear in the name of God/ solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and
conscientiously discharge my duties as a Minister for the Union territory of ______________, and that I will do right to all
manner of people in accordance with the Constitution and the law without fear and favour, affection or ill-will."
IV
FORM OF OATH OF SECRECY FOR A MEMBER OF THE COUNCIL OF MINISTERS OF THE UNION TERRITORY OF
JAMMU AND KASHMIR
"I, A.B., ______________ do swear in the name of God/ solemnly affirm that I will not directly or indirectly communicate
or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me
as a Minister for the Union territory of ______________, except as may be required for the due discharge of my duties as
such Minister."
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 37

The Fifth Schedule

(See Sections 95 and 96)
TABLE - 1
CENTRAL LAWS MADE APPLICABLE TO THE UNION TERRITORY OF JAMMU AND KASHMIR; AND
UNION TERRITORY OF LADAKH
S.No. Name of the Act Section/Amendments
1. The Aadhar (Targeted Delivery of In sub-section (2) of section 1, words, "except the State
Financial and other subsidies, benefits of Jammu and Kashmir" shall be omitted.
and services) Act, 2016.
2. The Administrative Tribunal Act, 1985. Clause (b) of sub-section (2) of section 1 shall be omitted.
3. The Anand Marriage Act, 1951. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
4. The Arbitration and Conciliation Act, 1996. Proviso to sub-section (2) of section 1 shall be omitted.
5. The Benami Transactions (Prohibition) Act, 1988. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
6. The Charitable Endowment Act, 1890. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
7. The Chit Funds Act, 1982. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
8. The Code of Civil Procedure, 1908. Clause (a) of sub-section (3) of section 1 shall be omitted.
9. The Code of Criminal Procedure, 1973. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
10. The Commercial Courts Act, 2015. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
11. The Commission for Protection of In sub-section (2) of section 1, words, "except the State
Child's Rights Act, 2006. of Jammu and Kashmir" shall be omitted.
12. The Commission of Inquiry Act, 1952. Proviso to sub-section (2) of section 1 shall be omitted.
13. The Consumer Protection Act, 1986. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
14. The Contempt of Courts Act, 1971. Proviso to sub-section (2) of section 1 shall be omitted.
15. The Delimitation Act, 2002. Section 2(f) shall be omitted.
16. The Dissolution of Muslim Marriage Act, 1939. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
17. The Disturbed Areas (Special Courts) Act, 1976. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
18. The Dowry Prohibition Act, 1961. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
19. The Drugs and Magic Remedies (Objectionable In sub-section (2) of section 1, words, "except the State
Advertisement) Act, 1954. of Jammu and Kashmir" shall be omitted.
20. The Easements Act, 1891. Extended as whole.
38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

S.No. Name of the Act Section/Amendments

21. The Electricity Act, 2003. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
22. The Employees Provident Funds and In sub-section (2) of section 1, words, "except the State
Miscellaneous Provisions Act, 1952. of Jammu and Kashmir" shall be omitted.
23. The Employment of Manual Scavengers and Extended as whole.
Construction of Dry Latrines (Prohibition)
Act, 1993.
24. The Enemy Property Act, 1968. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
25. The Energy Conservation Act, 2001. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
26. The Family Courts Act, 1984. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
27. The Fatal Accidents Act, 1855. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
28. The Forest (Conservation) Act, 1980. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
29. The General Clauses Act, 1897. Extended as whole.
30. The Governors (Emoluments, Allowances & In sub-section (2) of section 1, words, "except the State
Privileges) Act, 1982. of Jammu and Kashmir" shall be omitted.
31. The Gram Nyayalayas Act, 2009. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
32. The Guardian & Wards Act, 1890. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
33. The Hindu Adoptions and Maintenance In sub-section (2) of section 1, words, "except the State
Act, 1956. of Jammu and Kashmir" shall be omitted.
34. The Hindu Disposition of Property Act, 1960. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
35. The Hindu Marriage Act, 1955. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
36. The Hindu Minority & Guardianship Act, 1956. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
37. The Hindu Succession Act, 1956. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
38. The Identification of Prisoners Act, 1920. Extended as whole.
39. The Indecent Representation of Women In sub-section (2) of section 1, words, "except the State
(Prohibition) Act, 1986. of Jammu and Kashmir" shall be omitted.
40. The Indian Boilers Act, 1923. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
41. The Indian Christian Marriage Act, 1872. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
42. The Indian Contract Act, 1872. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 39

S.No. Name of the Act Section/Amendments

43. The Indian Easements Act, 1882. Extended as whole.
44. The Indian Evidence Act, 1872. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
45. The Indian Forest Act, 1927. Extended as whole.
46. The Indian Nursing Council Act, 1947. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
47. The Indian Partnership Act, 1932. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
48. The Indian Penal Code, 1860. In section 1, words, "except the State of Jammu and
Kashmir" shall be omitted.
49. The Indian Stamp Act, 1899. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
50. The Indian Succession Act, 1925. Extended as whole.
51. The Indian Trust Act, 1882. In section 1, words, "except the State of Jammu and
Kashmir" shall be omitted.
52. The Indian Veterinary Council Act, 1984. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
53. The Judges (Protection) Act, 1985. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
54. The Judicial Officers (Protection) Act, 1850. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
55. The Juvenile Justice (Care & Protection of In sub-section (2) of section 1, words, "except the State
Children) Act, 2015. of Jammu and Kashmir" shall be omitted.
56. The Legal Services Authorities Act, 1987. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
57. The Limitation Act, 1963. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
58. The Maintenance and Welfare of Parents and In sub-section (2) of section 1, words, "except the State
Senior Citizens Act, 2007. of Jammu and Kashmir" shall be omitted.
59. The Majority Act, 1875. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
60. The Medical Termination of Pregnancy In sub-section (2) of section 1, words, "except the State
Act, 1971. of Jammu and Kashmir" shall be omitted.
61. The Muslim Personal Law (Shariet) Application In sub-section (2) of section 1, words, "except the State
Act, 1937. of Jammu and Kashmir" shall be omitted.
62. The Muslim Women (Protection of Rights on In sub-section (2) of section 1, words, "except the State
Divorce) Act, 1986. of Jammu and Kashmir" shall be omitted.
63. The National Commission for Minorities Act, 1992. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
64. The National Commission for Minority In sub-section (2) of section 1, words, "except the State
Educational Institutes Act, 2005. of Jammu and Kashmir" shall be omitted.
65. The National Commission for Safaikaramcharis In sub-section (2) of section 1, words, "except the State
Act, 1993. of Jammu and Kashmir" shall be omitted.
40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

S.No. Name of the Act Section/Amendments

66. The National Commission for Women Act, 1990. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
67. The National Council for Teacher Education In sub-section (2) of section 1, words, "except the State
Act, 1993. of Jammu and Kashmir" shall be omitted.
67-A National Security Act, 1980 In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
68. The National Trust for Welfare of Persons with In sub-section (2) of section 1, words, "except the State
Autism, Cerebral Palsy, Mental Retardation and of Jammu and Kashmir" shall be omitted.
Multiple Disabilities Act, 1999.
69. The Oaths Act, 1969. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
70. The Partition Act, 1893. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
71. The Pharmacy Act, 1948. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
72. The Powers of Attorney Act, 1882. In section 1, words, "except the State of Jammu and
Kashmir" shall be omitted.
73. The Preconception and Pre-natal Diagnostic In sub-section (2) of section 1, words, "except the State
Techniques (Prohibition of Sex Selection) of Jammu and Kashmir" shall be omitted.
Act, 1994.
74. The Prevention of Blackmarketing & In sub-section (2) of section 1, words, "except the State
Maintenance of Supplies of Essential of Jammu and Kashmir" shall be omitted.
Commodities Act, 1980.
75. The Prevention of Corruption Act, 1988. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
76. The Prevention of cruelty to animals Act, 1960. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
77. The Prevention of Damage to Public Property In sub-section (2) of section 1, words, "except the State
Act, 1984. of Jammu and Kashmir" shall be omitted.
78. The Prisoners Act, 1900. Extended as whole.
79. The Prisons Act, 1894. Extended as whole.
80. The Private Security Agencies (Regulation) In sub-section (2) of section 1, words, "except the State
Act, 2005. of Jammu and Kashmir" shall be omitted.
81. The Prize Chits and Money Circulation Scheme In sub-section (2) of section 1, words, "except the State
(Banning) Act, 1978. of Jammu and Kashmir" shall be omitted.
82. The Probation of Offenders Act, 1958. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
83. The Prohibition of Child Marriage Act, 2007. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
84. The Prohibition of Employment as Manual In sub-section (2) of section 1, words, "except the State
Scavengers and their Rehabilitation Act, 2013. of Jammu and Kashmir" shall be omitted.
85. The Protection of Children From Sexual Offences In sub-section (2) of section 1, words, "except the State
Act, 2012. of Jammu and Kashmir" shall be omitted.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 41

S.No. Name of the Act Section/Amendments

86. The Protection of Human Rights Act, 1994. Proviso to sub-section (2) of section 1 shall be omitted.
87. The Protection of Women from Domestic In sub-section (2) of section 1, words, "except the State
Violence Act, 2005. of Jammu and Kashmir" shall be omitted.
88. The Public Gambling Act, 1867. Extended as whole.
89. The Public Records Act, 1993. Extended as whole.
90. The Registration Act, 1908. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
91. The Religious Endowments Act, 1863. Extended as whole.
92. The Religious Institutions (Prevention of In sub-section (2) of section 1, words, "except the State
Misuse) Act, 1988. of Jammu and Kashmir" shall be omitted.
93. The Right of Children to Free and Compulsory In sub-section (2) of section 1, words, "except the State
Education Act, 2009. of Jammu and Kashmir" shall be omitted.
94. The Right to Fair Compensation and In sub-section (2) of section 1, words, "except the State
Transparency in Land Acquisition, of Jammu and Kashmir" shall be omitted.
Rehabilitation and Resettlement Act, 2013.
94A. The Representation of People Act, 1951. In Section (2),
(i) In sub-section (1) Clause (d) the words "other than
the State of Jammu and Kashmir" shall be omitted; and
(ii) Sub-section (5) shall be omitted.
95. The Right to Information Act, 2005. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
96. The Sale of Goods Act, 1930. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
97. The Scheduled Tribes and Other Traditional In sub-section (2) of section 1, words, "except the State
Forest Dwellers (Recognition of Forests Rights) of Jammu and Kashmir" shall be omitted.
Act, 2007.
98. The Scheduled Caste and the Scheduled Tribes In sub-section (2) of section 1, words, "except the State
(Prevention of Atrocities) Act, 1989. of Jammu and Kashmir" shall be omitted.
99. The Special Marriage Act, 1954. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
100. The Specific Relief Act, 1963. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
101. The Suits Valuation Act, 1887. Extended as whole.
102. The Transfer of Property Act, 1882. Extended as whole.
103. The Transplantation of Human Organs and Extended as whole.
Tissues Act, 1994.
104. The Wakf Act, 1995. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
105. The Whistle Blowers Protection Act, 2014. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
106. The Wild Life (Protection) Act, 1972. In sub-section (2) of section 1, words, "except the State
of Jammu and Kashmir" shall be omitted.
42 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

TABLE - 2
STATE LAWS WHICH SHALL BE APPLICABLE TO THE UNION TERRITORY OF JAMMU AND KASHMIR
AND UNION TERRITORY OF LADAKH WITH AMENDMENTS

S.No. Year No. Short title Amendments

1 2 3 4 5
1. Svt 1977 XLII The Transfer of Property Act Section 139 and section 140 shall be omitted.
(1920 AD)
2. Svt 1995 V The Jammu and Kashmir Section 4 and section 4-A shall be omitted;
(1938 AD) Alienation of Land Act
3. Svt 2007 XVII The Jammu and Kashmir Big Section 20-A shall be omitted.
(1950 AD) Landed Estates Abolition Act
4. 1960 XXXVIII The Jammu and Kashmir Land A. Provisos to sub-section 1 of section 4 shall be
Grants Act omitted; and
B. Clause (i) of sub-section 2 of section 4 shall be
omitted.
5. 1976 XVII The Jammu and Kashmir Section 17 shall be omitted.
Agrarian Reforms Act
6. 1989 X The Jammu and Kashmir Sub-Clause (ii) of clause (a) of sub-section (1) of
Cooperative Societies Act section 17 shall be omitted.
7. 2004 XIV The Jammu and Kashmir A. In section 2 after clause (g), the following clause
Reservation Act shall be inserted namely:—
"(ga) "economically weaker sections" means such
categories as may be notified by the Government
from time to time, on the basis of family income and
other indicators of economic disadvantage, other
than the classes or categories defined in clauses (m),
(n) and (o)";
B. In section 3, in sub-section (1),—
(i) in clause (a), the word "and" occurring at the
end shall be omitted;
(ii) in clause (b), for the words "backward classes:",
the words "backward classes; and" shall be
substituted;
(iii) after clause (b), the following clause shall be
inserted, namely:—
"(c) economically weaker sections:";
(iv) in the first proviso, for the words "the total
percentage of reservation", the words, brackets and
letters "the total percentage of reservation provided
in clauses (a) and (b)" shall be substituted;
(v) in the second proviso, for the words "Provided
further that", the following shall be substituted,
namely:—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 43

1 2 3 4 5

"Provided further that the reservation in

appointments in favour of the persons belonging to
economically weaker sections shall be in addition to
the existing reservation as provided in this sub-
section and shall be subject to a maximum of ten per
cent. of the posts in each category:
Provided also that".
C. In section 9, in sub-section (1),—
(i) for the portion beginning with "shall reserve"
and ending with "from time to time;", the following
shall be substituted, namely:—
"shall reserve seats in the Professional Institutions
for candidates belonging to,—
(a) reserved categories and such other
classes or categories as may be notified from
time to time; and
(b) economically weaker sections:";
(ii) in the proviso, for the words "the total
percentage of reservation", the words, brackets and
letter "the total percentage of reservation provided
in clause (a)" shall be substituted;
(iii) after the proviso, the following proviso shall
be inserted, namely:—
"Provided further that the reservation in the
Professional Institutions in favour of the
persons belonging to economically weaker
sections shall be in addition to the existing
reservation as provided in this sub-section and
shall be subject to a maximum of ten per cent.
of the seats in each category.".
44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

TABLE - 3
STATE LAWS INCLUDING GOVERNOR'S ACTS WHICH ARE REPEALED IN UNION TERRITORY OF
JAMMU AND KASHMIR; AND UNION TERRITORY OF LADAKH

S.No. Name of the Act Act/Ordinance No.

1. The Jammu and Kashmir Accountability Commission Act, 2002. XXXVIII of 2002
2. The Jammu and Kashmir Advocates Welfare Fund Act, 1997. XXVI of 1997
3. The Jammu and Kashmir Agricultural Income Tax Act, 1962. XXI of 1962
4. The Jammu and Kashmir [State] Agricultural Produce Marketing Regulation XXXVI of 1997
Act, 1997.
5. The Jammu and Kashmir Anand Marriage Act, 1954. IX of 2011
6. The Jammu and Kashmir Animal Diseases (Control) Act, 1949. XV of 2006
7. The Jammu and Kashmir Apartment Ownership Act, 1989. I of 1989
8. The Jammu and Kashmir Arbitration and Conciliation Act, 1997. XXXV of 1997
9. The Jammu and Kashmir Arya Samajist Marriages (Validation) Act, 1942. III of Svt. 1999
10. The Jammu and Kashmir Ayurvedic and Unani Practitioners Act, 1959. XXVI of 1959
11. The Jammu and Kashmir Banker's Books Evidence Act, 1920. VI of 1977
12. The Jammu and Kashmir Benami Transactions (Prohibition) Act, 2010. V of 2010
13. The Jammu and Kashmir Boilers Act, Samvat, 1991. IV of Svt.1991
14. Buddhists Polyandrous Marriages Prohibition Act, 1941. II of 1998
15. The Jammu and Kashmir Cattle Trespass Act, 1920. VII of 1977
16. The Jammu and Kashmir Charitable Endowments Act, 1989. XIV of 1989
17. The Jammu and Kashmir Chit Funds Act, 2016. XI of 2016
18. The Jammu and Kashmir Christian Marriage and Divorce Act, 1957. III of 1957
19. The Jammu and Kashmir Cinematograph Act, 1933. XXIV of 1989
20. Code of Civil Procedure, Samvat 1977. X of Svt. 1977
21. Code of Criminal Procedure, Samvat 1989. XXIII of Svt. 1989
22. The Jammu and Kashmir Collection of Statistics Act, 2010. XVIII of 2010
23. The Jammu and Kashmir [State] Commission for Women Act, 1999. V of 1999
24. The Jammu and Kashmir Commission of Inquiry Act, 1962. XXXII of 1962
25. The Jammu and Kashmir Consumer Protection Act, 1987. XIVI of 1987
26. The Jammu and Kashmir Contempt of Courts Act, 1997. XXV of 1997
27. The Jammu and Kashmir Contingency Fund Act, 1957. XXIV of 1957
28. The Jammu and Kashmir Contract Act, Samvat 1977. IX of Svt.1977
29. The Jammu and Kashmir Court Fees Act, Samvat 1977. VII of Svt. 1977
30. The Jammu and Kashmir Court of Wards Act, Samvat 1977. LII of Svt. 1977
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 45

S.No. Name of the Act Act/Ordinance No.

31. The Jammu and Kashmir Criminal Law Amendment Act, Svt 1993. I of Svt. 1993
32. The Jammu and Kashmir Criminal Law Amendment Act, 1958. III of 1958
33. The Jammu and Kashmir Criminal Law Amendment Act, 1983. X of 1983
34. The Jammu and Kashmir Customs Act, Svt 1958. VIII of Svt.1958
35. The Jammu and Kashmir Dehi Adalats Act, 2013. XV of 2013
36. The Jammu and Kashmir Destruction of Records Act, 1920. XII of 1977
37. The Jammu and Kashmir Displaced Persons (Permanent Settlement) Act, 1971. X of 1971
38. The Jammu and Kashmir Dissolution of Muslim Marriages Act, 1942. X of Svt.1999
39. The Jammu and Kashmir Dowry Restraint Act, 1960. XXXVI of 1960
40. The Jammu and Kashmir Easements Act, 1920. XIV of Svt.1977
41. The Jammu and Kashmir Electricity Act, 2010. XIII of 2010
42. The Jammu and Kashmir Electricity (Duty) Act, 1963. XI of 1963
43. The Jammu and Kashmir Employees Provident Funds (And) Miscellaneous XV of 1961
Provisions Act, 1961.
44. The Jammu and Kashmir Employment of Manual Scavengers and Construction of
Dry Latrines (Prohibition) Act, 2010. XIX of 2010
45. The Jammu and Kashmir Energy Conservation Act, 2011. XIV of 2011
46. The Jammu and Kashmir Epidemic Diseases Act, 1920. XVI of 1977
47. (State) Evacuees (Administration of Property) (Validation of Orders, Proceedings IV of 1958
and Acts) Act, 1958.
48. The Jammu and Kashmir Evidence Act, Samvat 1977 (1920 A.D). XIII of Svt.1977
49. The Jammu and Kashmir Fatal Accidents Act, Samvat 1977. XVII of Svt.1977
50. The Jammu and Kashmir Forest Act, Samvat 1987. II of Svt.1987
51. The Jammu and Kashmir Forest (Conservation) Act, 1997. XXX of 1997
52. The Jammu and Kashmir Forest (Sale of Timber) Act, Samvat 1987. III of Svt.1987
53. The Jammu and Kashmir General Clauses Act, Samvat 1977. XX of Svt. 1977
54. The Jammu and Kashmir Good Conduct Prisoners (Temporary Release) Act, 1978. VII of 1978
55. Government Servants (Held in Detention) Act, 1956. XV of 1956
56. The Jammu and Kashmir Grant of Permit for Resettlement in (or Permanent X of 1982
Return to) the State Act, 1982.
57. The Jammu and Kashmir Guardians and Wards Act, Samvat 1977. XIX of Svt.1977
58. The Jammu and Kashmir Hindu Adoptions and Maintenance Act, 1960. II of 1960
59. The Jammu and Kashmir Hindu Disposition of Property Act, Samvat 1997. XVI of Svt. 1997
60. The Jammu and Kashmir Hindu Inheritance (Removal of Disabilities) Act, XVIII of Svt. 1997
Samvat 1997.
61. The Jammu and Kashmir Hindu Marriage Act, 1980. IV of 1980
62. The Jammu and Kashmir Hindu Marriage (Validation of Proceedings) Act, 1963. XVI of 1963
46 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

S.No. Name of the Act Act/Ordinance No.

63. The Jammu and Kashmir Hindu Minority and Guardianship Act, 1957. VII of 1957
64. The Jammu and Kashmir Hindu Succession Act, 1956. XXXVIII of 1956
65. The Jammu and Kashmir Hindu Widows Remarriage and Property Act, Samvat 1989. XXIX of Svt. 1989
66. The Jammu and Kashmir Homeopathic Practitioner Act, 2003. VIII of 2003
67. The Jammu and Kashmir Identification of Prisoners Act, Samvat 1994. IV of Svt. 1994
68. The Jammu and Kashmir Infant Marriages Prevention Act, Samvat 1985. I of Svt. 1985
69. Instruments (Control of Noises) Act, 1959. VII of 1959
70. Judicial Officers Protection Act, 1971.
71. The Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013. VII of 2013
72. The Jammu and Kashmir Juvenile Smoking Act, Samvat 1986. II of Svt. 1986
73. Land Acquisition Act, Samvat 1990. X of Svt. 1990
74. Legal Practitioners (Fees) Act, Samvat 1988. VII of Svt. 1988
75. The Jammu and Kashmir Legal Representatives Suits Act, Samvat 1977. XXII of Svt. 1977
76. The Jammu and Kashmir Legal Services Authorities Act, 1997. XXXIII of 1997
77. The Jammu and Kashmir Limitation Act, Samvat 1995. IX of Svt. 1995
78. The Jammu and Kashmir Livestock Improvement Act, Samvat 1996. XXIII of Svt.1996
79. The Jammu and Kashmir Local Authorities Loans Act, Samvat 1997. VI of Svt. 1997
80. The Jammu and Kashmir Lunacy Act, Samvat 1977. XXV of Svt. 1997
81. The Jammu and Kashmir Maintenance and Welfare of Parents and XVI of 2014
Senior Citizens Act, 2014.
82. The Jammu and Kashmir Majority Act, Samvat 1977. XXVI of Svt. 1977
83. The Jammu and Kashmir Medical Registration Act, Samvat 1998. IV of Svt. 1998
84. The Jammu and Kashmir Medical Termination of Pregnancy Act, 1974. XXIII of 1974
85. The Jammu and Kashmir Muslim Dower Act, Samvat 1977. XLIV of Svt. 1977
86. The Jammu and Kashmir Muslim Personal Law (Shariat) Application Act, 2007. IV of 2007
87. The Jammu and Kashmir Muslim Specified Wakafs and Specified Wakaf VIII of 2004
Properties (Management and Regulation) Act, 2004.
88. The Jammu and Kashmir Nationalization of Forest Working Act, 1987. VII of 1987
89. (State) Newspapers (Incitements to Offences) Act, Svt 1971. VIV of Svt. 1971
90. The Jammu and Kashmir Nursing Council Act, 2012. IV of 2012
91. The Jammu and Kashmir Nursing Homes and Clinical Establishments XXXIX of 1963
(Registration and Licensing) Act, 1963.
92. Official Secrets Act, Samvat 1977. XLIII of Svt.1977
93. Opium Smoking Act, Samvat 2011. XXXII of Svt. 2011
94. Essential Services (Maintenance) Ordinance, Samvat 2001. IX of Svt. 2001
95. Hoarding and Profiteering Prevention Ordinance, Samvat 2000. XIX of Svt. 2000
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 47

S.No. Name of the Act Act/Ordinance No.

96. Police Enhanced Penalties Ordinance, Samvat 2005. III of Svt. 2005
97. Prevention of Corruption Ordinance, 2001. IV of Svt. 2001
98. The Jammu and Kashmir Public Servants Transfer of Immovable Property XXX of Svt.2004
(Restriction) Ordinance, 2004.
99. The Jammu and Kashmir Partition Act, Samvat 1977. XXX of Svt. 1977
100. The Jammu and Kashmir Partnership Act, Samvat 1996. V of Svt. 1996
101. The Jammu and Kashmir Permanent Residents Certificate (Procedure) Act, 1963. XIII of 1963
102. The Jammu and Kashmir Pharmacy Act, Samvat 2011. LIII of Svt. 2011
103. The Jammu and Kashmir Poisons Act, Samvat 1977. XXXIV of Svt. 1977
104. The Jammu and Kashmir Preconception and Prenatal Sex Selection XXXI of 2002
(Prohibition and Regulation) Act, 2002.
105. (State) Press and Publications Act, Svt 1989. I of Svt. 1989
106. The Jammu and Kashmir Prevention of Black Marketing and Maintenance XXV of 1988
of Supplies of Essential Commodities Act, 1988.
107. The Jammu and Kashmir Prevention of Corruption Act, Samvat 2006. XIII of Svt. 2006
108. The Jammu and Kashmir Prevention of Cruelty to Animals Act, Samvat 1990. XIII of Svt. 1990
109. The Jammu and Kashmir Prevention of Defacement of Property Act, 1985. XIX of 1985
110. The Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and XXIII of 1988
Psychotropic Substances Act, 1988.
111. The Jammu and Kashmir Prevention of Insult to State Honour Act, 1979. X of 1979
112. The Jammu and Kashmir Prisoners Act, Svt 1977. XXXIII of Svt. 1977
113. The Jammu and Kashmir Prisons Act, Svt 1977. XXXI of Svt. 1977
114. The Jammu and Kashmir Private Security Agencies (Regulation) Act, 2015. IX of 2015
115. The Jammu and Kashmir Prize Competition Act, 1956. XII of 1956
116. The Jammu and Kashmir Probation of Offenders Act, 1966. XXXVII of 1966
117. The Jammu and Kashmir Protection of Human Rights Act, 1997. XV of 1997
118. The Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010. XI of 2010
119. The Jammu and Kashmir Provident Funds Act, Svt 1998. XXII of Svt. 1998
120. The Jammu and Kashmir Public Gambling Act, Svt 1977. XVIII of Svt. 1977
121. The Jammu and Kashmir Public Property (Prevention of Damage) Act, 1985. XX of 1985
122. The Jammu and Kashmir Public Servants (Inquiries) Act, Svt 1977. XXVIII of Svt. 1977
123. (State) Ranbir Penal Code, Samvat 1989. XII of Svt. 1989
124. The Jammu and Kashmir Registration Act, Svt. 1977. XXXV of Svt. 1977
125. The Jammu and Kashmir Registration (Amendment and Validation of VI of 1955
Transfers of property) Act, 1955.
126. Registration of Deeds (Validating) Act, Samvat 2008. VI of Svt. 2008
127. Registration of Deeds (Validation) Act, 1956. XXI of 1956
48 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

S.No. Name of the Act Act/Ordinance No.

128. Registration of Deeds (Validating) Act, 1968. XXXIII of 1968

129. Registration of Deeds (Validation) Act, 1976. I of 1976
130. Registration of Deeds (Validation) Act, 1985. IX of 1985
131. The Jammu and Kashmir Religious Endowments Act, Svt 1977. L of Svt.1977
132. The Jammu and Kashmir Representation of the People Act, 1957. IV of 1957
133. The Jammu and Kashmir Requisitioning and Acquisition of Immovable XXXV of 1968
Property Act, 1968.
134. The Jammu and Kashmir Right to Information Act, 2009. VIII of 2009
135. The Jammu and Kashmir Sale of Goods Act, Svt 1996. II of 1996
136. Separation of Judicial and Executive Functions Act, 1966. XL of 1966
137. The Jammu and Kashmir Small Causes Court Act, Svt 1968.
138. Societies Registration Act, Svt 1998. VI of Svt. 1998
139. The Jammu and Kashmir Specific Relief Act, Svt 1977. XXXVIIIof Svt.1977
140. The Jammu and Kashmir Standards of Weights and Measures (Enforcement) XXXVII of 1997
Act, 1997.
141. The Jammu and Kashmir Succession Certificate Act, Svt 1977. XXXIX of Svt. 1977
142. Succession (Property Protection) Act, Svt 1977. XXXVI of Svt. 1977
143. The Jammu and Kashmir Suits Valuation Act, Svt 1977. XXXVII of Svt.1977
144. The Jammu and Kashmir Suppression of Indecent Advertisements Act, Svt 2003. IX of Svt. 2003
145. The Jammu and Kashmir Transfer of Property Act, Svt 1977. XLII of Svt. 1977
146. The Jammu and Kashmir Transplantation of Human Organs Act, 1997. III of 1997
147. The Jammu and Kashmir Trusts Act, Svt 1977. XLI of Svt. 1977
148. The Jammu and Kashmir Venereal Diseases Act, Svt 2000. XXI of Svt. 2000
149. Veterinary Council Act, 2001. XXI of 2001
150. The Jammu and Kashmir [State] Village and Town Patrol Act, 1959. XXIV of 1959
151. The Jammu and Kashmir Village Sanitation Act, Svt. 1990. V of Svt. 1990
152. The Jammu and Kashmir Wakafs Act, 2001. III of 2001
153. The Jammu and Kashmir Wildlife (Protection) Act, 1978. VIII of 1978
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 49

S.No. Name of the Governor's Act Governor's Act No.

1. The Jammu and Kashmir State Trust for Welfare of Persons with Autism Cerebral VI of 2018
Palsy, Mental Retardation and Multiple Disabilities Act, 2018.
2. The Jammu and Kashmir Drugs and Magic Remedies (Objectionable VIII of 2018
Advertisements) Act, 2018.
3. The Jammu and Kashmir Single Window (Industrial Investment and X of 2018
Business Facilitation) Act, 2018.
4. The Jammu and Kashmir Commercial Courts Act, 2018. XIII of 2018
5. The Jammu and Kashmir Family Courts Act, 2018. XXIV of 2018
6. The Jammu and Kashmir Aadhar (Targeted Delivery of Financial and other XXXIV of 2018
Subsidies, Benefits and Services) Act, 2018.
7. The Jammu and Kashmir Protection of Children From Sexual Violence Act, 2018. II of 2018
8. The Jammu and Kashmir Rights of Persons with Disabilities Act, 2018. XL of 2018
9. The Jammu and Kashmir Prohibition of Benami Property Transactions Act, 2018. XLIII of 2018
10. The Jammu and Kashmir State Commission for Protection of Women and XLVI of 2018
Child Rights Act, 2018.
11. The Jammu and Kashmir Real Estate (Regulation and Development) Act, 2018. LIII of 2018
50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

TABLE - 4
STATE ACTS INCLUDING GOVERNOR'S ACTS THAT SHALL REMAIN IN FORCE IN
UNION TERRITORY OF JAMMU AND KASHMIR; AND UNION TERRITORY OF LADAKH

S.No. Name of the Act Act/Ordinance No.

1. The Jammu and Kashmir Aerial Ropeways Act, 2002 XII of 2002
2. The Jammu and Kashmir Agrarian Reforms Act, 1976 XVII of 1976
3. Agriculturists' Relief Act, Svt. 1983 I of Svt. 1983
4. The Jammu and Kashmir Government Aid to Agriculturists and Land Improvement VII of Svt. 1993
Act, Svt. 1993
5. The Jammu and Kashmir State Aid to Industries Act 1961 XXII of 1961
6. The Jammu and Kashmir Alienation of Land Act, Svt. 1995 V of Svt. 1995
7. The Jammu and Kashmir Anatomy Act, 1959 XXII of 1959
8. The Jammu and Kashmir Ancient Monuments Preservation Act, Svt. 1977 V of Svt 1977
9. The Jammu and Kashmir Baba Ghulam Shah Badshah University Act, 2002 XVI of 2002
10. The Jammu and Kashmir Big Landed Estates Abolition Act, Svt. 2007 XVII of Svt. 2007
11. The Jammu and Kashmir Board of Professional Entrance Examination Act, 2002 XXV of 2002
12. The Jammu and Kashmir Board of School Education Act, 1975 XXVIII of 1975
13. The Jammu and Kashmir State Board of Technical Education Act, 2002 XXIV of 2002
14. The Jammu and Kashmir Brick Kilns (Regulation) Act, 2010 XV II of 2010
15. Camping and Mooring Sites Act, Svt. 2004 XII of Svt.2004
16. The Jammu and Kashmir Chowkidari Act, 1956 XXXVII of 1956
17. The Jammu and Kashmir Civic Laws (Special Provisions) Act, 2014 III of 2014
18. The Jammu and Kashmir Civil Courts Act, Svt. 1977 XLVI of Svt.1977
19. The Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010 XVI of 2010
20. The Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 XIV of 2010
21. The Srinagar and Jammu Cluster Universities Act, 2016. III of 2016
22. The Jammu and Kashmir State Commission for Backward Classes Act, 1997 XII of 1997
23. The Jammu and Kashmir Common Lands (Regulation) Act, 1956 XXIV of 1956
24. The Jammu and Kashmir Consolidation of Holdings Act, 1962 V of 1962
25. The Jammu and Kashmir Control of Building Operations Act, 1988 XV of 1988
26. The Jammu and Kashmir Cooperative Societies Act, 1989. X of 1989
27. The Jammu and Kashmir Debtors Relief Act, 1976 XV of 1976
28. The Jammu and Kashmir Delivery of Books and Newspapers (Public Libraries) XIII of 1961
Act, 1961
29. The Jammu and Kashmir Deputy Ministers' Salaries and Allowances Act, 1957 VI of 1957
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 51

S.No. Name of the Act Act/Ordinance No.

30. The Jammu and Kashmir Deputy Speaker's and Deputy Chairman's (Emoluments) XXII of 1956
Act, 1956
31. The Jammu and Kashmir Development Act, 1970 XIX of 1970
32. The Jammu and Kashmir Egress and Internal Movement (Control) Ordinance, V of Svt.2005
Svt.2005.
33. The Jammu and Kashmir Enemy Agents Ordinance, Svt.2005. VIII of Svt.2005
34. The Jammu and Kashmir State Emergency Relief Fund Act, 1960 XIII of 1960
35. The Jammu and Kashmir Excise Act, Samvat 1958 --
36. The Jammu and Kashmir Extraction of Resin Act, 1988. IX of 1988
37. The Jammu and Kashmir State Evacuees (Administration of Property) Act, VI of Svt. 2006
Samvat 2006 (1949 A.D).
38. The Jammu and Kashmir Ferry Boats Control Act, 1971. XVIII of 1971
39. The Jammu and Kashmir State Finance Commission Act, 2006 XVIII of 2006
40. The Jammu and Kashmir Finance Commission for Panchayats and Municipalities XVI of 2011
Act, 2011
41. The Jammu and Kashmir Fire Force Act, 1967. XXII of 1967
42. The Jammu and Kashmir Fiscal Responsibility and Budget Management Act, 2006. XII of 2006
43. The Jammu and Kashmir Fisheries Act, 2018. XVI of 2018
44. The Jammu and Kashmir Flood Plain Zones (Regulation and Development) Act, 2005. XVII of 2005
45. The Jammu and Kashmir State Forest Corporation Act, 1978. XII of 1978
46. The Jammu and Kashmir Forest (Protection) Force Act, 2001. VI of 2001
47. The Jammu and Kashmir Fruit Nurseries (Licensing) Act, 1987. XXII of 1987
48. The Jammu and Kashmir Gift Goods (Unlawful Possession) Act, 1963. XL of 1963
49. The Jammu and Kashmir Golf Development and Management Authority Act, 2013. VIII of 2013
50. The Jammu and Kashmir Goods and Services Tax Act, 2017. V of 2017
51. The Jammu and Kashmir Government Gazette Act, Svt. 1945. XII of Svt. 1945
52. The Jammu and Kashmir Governor's Special Security Force Act, 2018 Governors Act
No.XLII of 2018
53. The Jammu and Kashmir Habitual Offenders (Control and Reform) Act, 1956. XI of 1956
54. The Jammu and Kashmir Handicrafts (Quality Control) Act, 1978. IV of 1978
55. The Jammu and Kashmir Heritage Conservation and Preservation Act, 2010. XV of 2010
56. The Jammu and Kashmir Highways Act, Svt. 2007. XXVII of Svt. 2007
57. The Jammu and Kashmir Home Guards Act, Svt. 2006. III of Svt. 2006
58. The Jammu and Kashmir Housing Board Act, 1976. VII of 1976
59. The Jammu and Kashmir Industrial Establishments (National and Festival) XIII of 1974
Holidays Act, 1974.
60. The Jammu and Kashmir Inspector General of Prisons (Change in Designation) XIII of 2001
Act, 2001.
52 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

S.No. Name of the Act Act/Ordinance No.

61. The Jammu and Kashmir Islamic University of Science and Technology Kashmir XVIII of 2005
Act, 2005.
62. The Jammu and Kashmir Kahcharai Act, Svt. 2011. XVIII of Svt. 2011
63. Kashmir and Jammu Universities Act, 1969. XXIV of 1969
64. Kashmir Silk Protection Act, 1964.
65. The Jammu and Kashmir Khadi and Village Industries Board Act, 1965. XVI of 1965
66. Ladakh Autonomous Hill Development Council Act, 1997. XXXI of 1997
67. Ladakh Budhists Succession to Property Act, Svt. 2000. XVIII of Svt. 2000
68. The Jammu and Kashmir Lambardari Act, 1972. X of 1972
69. The Jammu and Kashmir Land Grants Act, 1960. XXXVIII of 1960
70. The Jammu and Kashmir Land Improvement Schemes Act, 1972. XXIV of 1972
71. The Jammu and Kashmir Land Revenue Act, Svt. 1996. XII of Svt. 1996
72. The Jammu and Kashmir Legislative Assembly Speaker's Emoluments Act, 1956. IV of 1956
73. The Jammu and Kashmir Legislative Council Chairman's (Emoluments) Act, 1962. XXVIII of 1962
74. The Jammu and Kashmir State Legislature Members' Pension Act, 1984. II of 1984
75. The Jammu and Kashmir Legislature (Prevention of Disqualification) Act, 1962. XVI of 1962
76. The Jammu and Kashmir State Legislature Proceedings (Protection of Publication) XXXVII of 1960
Act, 1960.
77. Levy of Tolls Act, Svt.1995. VIII of Svt. 1995
78. The Jammu and Kashmir Migrant Immovable Property (Preservation, Protection XVI of 1997
and Restraint on Distress Sales) Act, 1997.
79. The Jammu and Kashmir Migrants (Stay of Proceedings) Act, 1997. XVII of 1997
80. The Jammu and Kashmir Ministers and Ministers of State Salaries Act, 1956. VI of 1956
81. The Jammu and Kashmir Ministers and Presiding Officers Medical Facilities XXII of 1975
Act, 1975.
82. The Jammu and Kashmir Money Lenders and Accredited Loan Providers Act, 2010. XXIII of 2010
83. The Jammu and Kashmir Motor Spirit and Diesel Oil (Taxation of Sales) Act, Svt. 2005. V of Svt. 2005
84. The Jammu and Kashmir Motor Vehicles Taxation Act, 1957. XXVI of 1957
85. The Jammu and Kashmir Mulberry Protection Act, Svt. 2006. X of Svt. 2006
86. The Jammu and Kashmir Municipal Act, 2000. XX of 2000
87. The Jammu and Kashmir Municipal Corporation Act, 2000. XXI of 2000
88. The Jammu and Kashmir Municipal Ombudsman Act, 2010. XX of 2010
89. The Jammu and Kashmir Municipalities Public Disclosure Act, 2010. XXIV of 2010
90. The Jammu and Kashmir Muslim Marriages Registration Act, 1981. XXII of 1981
91. The Jammu and Kashmir Namdha Quality Control Act, Svt. 2010. VI of Svt. 2010
92. National Defence Fund Donation of Immovable Property (Exemption from V of 1963
Stamp Duty and Registration) Act, 1963.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 53

S.No. Name of the Act Act/Ordinance No.

93. The Jammu and Kashmir Natural Calamities Destroyed Areas Improvement Act, XXXVIIIof Svt.2011
Svt. 2011.
94. The Jammu and Kashmir Non-Biodegradable Material (Management) Handling XII of 2007
and Disposal Act, 2007.
95. The Jammu and Kashmir Obsolete Laws (Repeal) Act, 2010. XXVII of 2010
96. The Jammu and Kashmir Ombudsman for Panchayats Act, 2014. V of 2014
97. The Jammu and Kashmir Panchayati Raj Act, 1989. IX of 1989
98. The Jammu and Kashmir Paramedical Council Act, 2014. VII of 2014
99. The Jammu and Kashmir Passengers Taxation Act, 1963. XII of 1963
100. The Jammu and Kashmir Plant Disease and Pests Act, 1973. XIV of 1973
101. Plyboard Industries (Acquisition of Shares and of the Industrial Undertakings) VI of 1987
Act, 1987.
102. Police Act, Svt. 1983. II of Svt. 1983
103. The Jammu and Kashmir Preservation of Specified Trees Act, 1969 V of 1969
104. The Jammu and Kashmir Prevention of Beggary Act, 1960. XL of 1960
105. The Jammu and Kashmir Prevention of Fragmentation of Agricultural Holdings XXV of 1960
Act, 1960.
106. Prevention of Ribbon Development Act, Svt. 2007. XXVI of Svt. 2007
107. Prevention of Rum Rasum Act, Svt. 1997. I of Svt. 1997
108. The Jammu and Kashmir Prevention and Suppression of Sabotages Activities XXII of 1965
Act, 1965.
109. The Jammu and Kashmir Prevention of Unfair Means Examination Act, 1987. XX of 1987
110. The Jammu and Kashmir Private Colleges (Regulation and Control) Act, 2002 XXII of 2002
111. Probate and Administration Act, Svt. 1977. XXIX of Svt. 1977
112. The Jammu and Kashmir Professions, Trades, Callings and Employment Tax IX of 2005
Act, 2005.
113. The Jammu and Kashmir Prohibition on Conversion of Land and Alienation of VIII of 1975
Orchards Act, 1975.
114. The Jammu and Kashmir Prohibition on Manufacture of Specified Copper XIII of 2006
Utensils (By Machine) Act, 2006.
115. The Jammu and Kashmir Prohibition of Ragging Act, 2011. VI of 2011
116. The Jammu and Kashmir State Prohibition of Smoking (Cinema and XVIII of Svt.2009
Theatre Halls) Act, Svt. 2009.
117. The Jammu and Kashmir Prohibition of Smoking and Non-Smokers Health XX of 1997
Protection in Public Service Vehicles Act, 1997.
118. The Jammu and Kashmir Property Rights to Slum Dwellers Act, 2012. XI of 2012
119. The Jammu and Kashmir Property Tax Board Act, 2013. XI of 2013
120. The Jammu and Kashmir Protection of Interest of Depositors (in Financial XIII of 2018
Establishments) Act, 2018.
54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

S.No. Name of the Act Act/Ordinance No.

121. The Jammu and Kashmir Public Men and Public Servants Declaration of V of 1983
Assets and Other Provisions Act, 1983.
122. The Jammu and Kashmir Public Premises (Eviction of Un-authorised XVII of 1988
Occupants) Act, 1988.
123. The Jammu and Kashmir Public Safety Act, 1978. VI of 1978
124. The Jammu and Kashmir Public Services Guarantee Act, 2011. IX of 2011
125. The Jammu and Kashmir Registration of Contractors Act, 1956. XVI of 1956
126. The Jammu and Kashmir Registration of Tourist Trade Act, 1978. IX of 1978
127. The Jammu and Kashmir Regulation of Accounts Act, Svt. 2001. XIV of Svt. 2001
128. The Jammu and Kashmir Reservation Act, 2004. XIV of 2004
129. The Jammu and Kashmir Residential and Commercial Tenancy Act, 2012. V of 2012
130. The Jammu and Kashmir Restitution of Mortgaged Properties Act, 1976. XIV of 1976
131. The Jammu and Kashmir Right of Prior Purchase Act, Svt. 1993. II of Svt. 1993
132. The Jammu and Kashmir Road Safety Council Act, 2018. V of 2018
133. The Jammu and Kashmir Saffron Act, 2007. V of 2007
134. Salaries and Allowances of Members of Jammu and Kashmir State Legislature XIX of 1960
Act, 1960.
135. Salaries and Allowances of Leader of Opposition in the State Legislature Act, 1985. XVI of 1985
136. The Sapphire Act, Svt. 1989. XVI of Svt. 1989
137. The Jammu and Kashmir School Education Act, 2002. XXI of 2002
138. The Jammu and Kashmir Self-Reliant Cooperatives Act, 1999. X of 1999
139. The Jammu and Kashmir State Sheep and Sheep Products Development Board IX of 1979
Act, 1979.
140. Sher-i-Kashmir University of Agricultural Sciences and Technology Act, 1982. VII of 1982
141. Sher-i-Kashmir Institute of Medical Sciences (Grant of Degrees) Act, 1983. XII of 1983
142. The Jammu and Kashmir Shri Amarnath Ji Shrine Act, 2000. XVIII of 2000
143. The Jammu and Kashmir Shri Mata Sukhrala Devi Ji and Shri Mata Bala Sundari III of 2013
Shrine Act, 2013.
144. The Jammu and Kashmir Shri Mata Vaishno Devi Shrine Act, 1988. XVI of 1988
145. The Jammu and Kashmir Shri Mata Vaishno Devi University Act, 1999. XII of 1999
146. The Jammu and Kashmir Shri Shiv Khori Shrine Act, 2008. IV of 2008
147. The Jammu and Kashmir Sikh Gurdwaras and Religious Endowments Act, 1973. XV of 1973
148. The Jammu and Kashmir Silk (Development and Protection) Act, 1988. XXVIII of 1988
149. The Jammu and Kashmir Special Security Group Act, 2000. VI of 2000
150. The Jammu and Kashmir Special Tribunal Act, 1988. XIX of 1988
151. Stamp Act, Svt. 1977. XL of Svt. 1977
152. The Jammu and Kashmir Tenancy Act, Svt. 1980. II of Svt. 1980
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 55

S.No. Name of the Act Act/Ordinance No.

153. The Jammu and Kashmir Tenancy (Stay of Ejectment Proceedings) Act, 1966. XXXIII of 1966
154. The Jammu and Kashmir State Town Planning Act, 1963. XX of 1963
155. The Jammu and Kashmir Treasure Trove Act, Svt. 1954. ---
156. The Jammu and Kashmir Underground Public Utilities (Acquisition of Rights of IV of 2014
User in Land) Act, 2014.
157. Urban Immovable Property Tax (Repeal and Saving) Act, 2002. XXVIII of 2002
158. The University of Ladakh Act, 2018. Governor's Act No.
LVI of 2018
159. The Jammu and Kashmir Urban Property (Ceiling) Act, 1971. XII of 1971
160. Usurious Loans Act, Svt. 1977. XLVII of Svt. 1977
161. The Jammu and Kashmir Utilization of Lands Act, Svt. 2010. IX of Svt. 2010
162. The Jammu and Kashmir Vaccination Act, 1967. XXI of 1967
163. The Jammu and Kashmir Vegetable Seeds Act, Svt. 2009. XII of Svt. 2009
164. The Jammu and Kashmir State Vigilance Commission Act, 2011. I of 2011
165. The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010. XXI of 2010
166. The Jammu and Kashmir Willow (Prohibition on Export and Movement) Act, 2000. XVI of 2000

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Digitally signed
BANSHI by BANSHI DHAR
MGIPMRND—2601GI(S3)—09-08-2019. DHAR DUBEY
Date: 2019.08.09
DUBEY 18:50:55 +05'30'
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 58] ubZ fnYyh] c`gLifrokj] flrEcj 12] 2019@ Hkknzk 21] 1941 ¼'kd½
No. 58] NEW DELHI, THURSDAY, SEPTEMBER 12, 2019/BHADRA 21, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 12th September, 2019/Bhadra 21, 1941 (Saka)
CORRIGENDA
THE JAMMU AND KASHMIR REORGANISATION ACT, 2019
(34 OF 2019)
In the JAMMU AND KASHMIR REORGANISATION ACT, 2019 (34 of 2019) as
published in the Gazette of India, Extraordinary, Part II, Section 1, Issue No 53, dated the
9th August, 2019, —
Page No. Line(s) No. Column For Read
(1) (2) (3) (4) (5)
1 10 - "(43 of 1950)'' Omit
2 8 - "Adminstrator'' "Administrator"
2 9 - "artcle'' "article"
3 33 - "(43 of 1950)'' Omit
3 34 - "Delimitation of Parliamentary Omit
(Marginal heading Constituencies''
in right side)
4 12 - "Nowithstanding" "Notwithstanding"
4 22 - "act" "Act"
5 3 - "entry 4'' "entry 2''
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Page No. Line(s) No. Column For Read

(1) (2) (3) (4) (5)
5 5 1 ' " 5. Jammu' ' " 3. Jammu'
5 37 - "Legislative Assembly'' "The Legislative Assembly''
9 34 - "Jammu &'' "Jammu and"
13 35 - "Assembly of,'' "Assembly,''
14 7 - "Legislative Assembly'' "The Legislative Assembly''
15 11 - "Fourth Schedule" "Fourth Schedule to this Act"
15 41 - "ceased'' "cease''
17 43 - "section 2 (f),'' "section 2, in clause (f),''
17 46 - "figure'' "figures''
17 47 - "figure'' "figures''
18 5 - "published" "publish"
18 10 - "published" "publish"
22 6 - "Tterritories'' "territories''
22 9 - "Provided that" "Provided further that"
24 23 - "Administartion" "Administration"
25 37 - "State of Jammu and "Union territory of Jammu
Kashmir," and Kashmir''
26 5 - "Fifth Schedule" "Fifth Schedule to this Act"
37 8 2 "Financial and "Financial and Other
other subsidies, benefits'' Subsidies, Benefits"
37 9 2 "and services)" "and Services)"
37 11 2 "1951" "1909"
37 13 2 "The Benami Transaction "The Prohibition of
(Prohibition) Act, 1988" Benami Property
Transactions Act, 1988"
37 19 2 "Commission'' "Commissions''
37 20 2 "Childs'' "Child''
37 21 2 "Commission'' "Commissions''
37 25 2 "Marriage'' "Marriages"
37 29 2 "Advertisement)'' "Advertisements)''
37 30 3 "Section 2 (f) shall be "as amended by this Act''
omitted.''
38 14 2 "Allowances &'' "Allowances and"
38 17 2 "Guardian &" "Guardians and"
38 20 2 "1960'' "1916''
38 22 2 "Minority &'' "Minority and''
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

Page No. Line(s) No. Column For Read

(1) (2) (3) (4) (5)

39 10 2 "Trust'' "Trusts"
39 13 2 "(Protection)'' "Protection''
39 14 2 "(Care &'' "(Care and''
39 23 2 "(Shariet)'' "(Shariat)''
39 29 2 "Institutes Act, 2005" "Institutions Act, 2004"
39 30 2 "Safaikaramcharis" "Safai Karamcharis"
40 12 2 "Powers of Attorney'' "Powers-of-Attorney''
40 16 2 "Blackmarketing &" "Blackmarketing and"
40 20 2 "cruelty to animals" "Cruelty to Animals"
40 30 2 "2007" "2006"
41 2 2 "1994'' "1993"
41 17 3 "Clause (d)" "in clause (d)"
41 22 2 "Scheduled Caste'' "Scheduled Castes"

————

DR. G. NARAYANA RAJU,

Secretary to the Government of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. BANSHI
Digitally signed by
BANSHI DHAR DUBEY
DHAR DUBEY Date: 2019.09.12
15:36:16 +05'30'

MGIPMRND—2717GI(S3)—12-09-2019.
jftLVªh laö Mhö,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 2630] ubZ fnYyh] 'kqØokj] vxLr 9] 2019@Jko.k 18] 1941
No. 2630] NEW DELHI, FRIDAY, AUGUST 9, 2019/SHRAVANA 18, 1941

गृह मंालय
(जमू-कमीर िवभाग)
िवभाग)

अिधसूचना

नई दली, 9 अगत, 2019
का.आ. 2889(अ).
889(अ).—
(अ).—जमू-कमीर पुनगठन अिधिनयम, 2019 (2019 का 34) क धारा 2 के खंड (क) #ारा $द%त
शि'य( का $योग करते *ए क, -ीय सरकार एतद्#ारा इस अिधिनयम के $योजनाथ 31 अ2तूबर, 2019 को िनयत दन के
3प म, िनि4त करती है।
[फा. सं. 11014/05/2014-के- ] I
राजीव गौबा, सिचव

MINISTRY OF HOME AFFAIRS

(Department of Jammu and Kashmir Affairs)
NOTIFICATION
New Delhi, the 9th August, 2019
S.O. 2889(E).— In exercise of the powers conferred by clause (a) of section 2 of the Jammu and
Kashmir Reorganisation Act, 2019 (34 of 2019), the Central Government hereby appoints the 31st day of
October, 2019, as the appointed day for the purposes of the said Act.
[F. No. 11014/05/2014-K-I]
RAJIV GAUBA, Secy.

4131 GI/2019
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. Digitally signed by MANOJ KUMAR
MANOJ KUMAR VERMA VERMA
Date: 2019.08.09 19:42:49 +05'30'
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 3530] ubZ fnYyh] cq/okj] vDrwcj 30] 2019@dkfrZd 8] 1941
No. 3530] NEW DELHI, WEDNESDAY, OCTOBER 30, 2019/KARTIKA 8, 1941

गृह मंालय
(जमू-कमीर
मीर काय िवभाग)
आदेश
नई
दली, 30 अतूबर, 2019

का.आ. 3912(
3912(अ).—जमू-कमीर पुनगठन अिधिनयम, 2019 (2019 का 34) (िजसे इसम इसके पचात मूल

अिधिनयम कहा गया है) को रा%&पित क' अनुमित 09 अग(त, 2019 को )ा*त हो गई थी और इसे उसी
दन राजप/ म

)कािशत कर
दया गया था;

और, 31 अतूबर, 2019 क' तारीख, मूल अिधिनयम के सभी )योजन7 के िलए िनयत
दवस के :प म अिधसूिचत

क' गई है;

और, िव;मान जमू-कमीर रा<य का जमू-कमीर संघ रा<य ?े/ और ल@ाख संघ रा<य?े/ म पुनगठन का उपबंध

करने के िलए मूल अिधिनयम अिधिनयिमत
कया गया था;

और, कुछ ऐसी कDीय िविधय7 और उनके अधीन बनाए गए िनयम हE, जो िव;मान जमू-कमीर रा<य को लागू हE

और िजFह जमू-कमीर संघ रा<य?े/ तथा ल@ाख संघ रा<य?े/ को लागू बनाए रखना है;

और, उन कDीय िविधय7, अGयादेश और िनयम7 को, जो िव;मान जमू-कमीर रा<य को िसवाय संपूण भारत को

लागू हE, मूल अिधिनयम क' पाचवI अनुसूची क' तािलका-I म िविनJद%ट कDीय िविधय7 के अितLरत जमू-कमीर संघ

रा<य?े/ और ल@ाख संघ रा<य?े/ म लागू
कया जाना है;

और, द जमू एंड कमीर बोिवन NीOडंग (रे गुलश

े न ऑफ )ोडशन, सेल ऑफ बोिवन सीमेन एंड आSट
फिशयल

इनसेमीनेशन) एट, 2018 (2018 का रा<यपाल का अिधिनयम सं. 55), जमू एंड कमीर Oसंगल Oवंडो (इं ड(&ीयल

इFवे(टमट एंड िबजनेस फेिसिलटेशन) एट, 2018 (2018 का रा<यपाल का अिधिनयम सं. 10), जमू एंड कमीर

मे&ोपोिलLटन रीजन डेवलेपमट अथॉLरटीज एट, 2018 (2018 का रा<यपाल का अिधिनयम सं. 49) और जमू-कमीर

रा%&ीय िविध िवविव;ालय अिधिनयम, 2018 (2019 का अिधिनयम सं. 2), जो िव;मान जमू-कमीर रा<य म लागू हE,

को जमू-कमीर संघ रा<य ?े/ और ल@ाख संघ रा<य?े/ म लागू बनाए रखा जाना है;

5626 GI/2019 (1)

2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

और जब
क, सभी केFDीय िविधय7 और सुसंगत रा<य िविधय7 को जमू-कमीर संघ रा<य?े/ और ल@ाख संघ

रा<य?े/ म लागू
कए जाने के पVात् इन िविधय7 को अपेि?त उपांतरण7 के साथ उXतरवतY संघ रा<य ?े/7 के अनुकूल

बनाए जाने को केवल मूल अिधिनयम क' पांचवी अनुसूची म िविनJद%ट िविधय7 तक िनबZिधत नहI रखा जा सकता है बिक

इसका िव(तार िनयत
दवस से पूव लागू
कसी भी िविध तक
कया जाना अपेि?त है;

और, मूल अिधिनयम क' पांचवी अनुसूची म िविनJद%ट िविधय7 और अFय रा<य िविधय7 तथा कDीय िविधय7 और

उनके अधीन बनाए गए िनयम7 के संबंध म “जमू-कमीर रा<य” के )ित िनद[श7 का अथ, यथाि(थित, जमू-कमीर संघ रा<य

?े/ अथवा ल@ाख संघ रा<य ?े/, के )ित िनद[श के :प म लगाया जाएगा;

और, “रा<य क' िवधायी पLरषद सिहत रा<य िवधान मंडल” िजसे मूल अिधिनयम के ]ारा हटा
दया गया है, के )ित

िनद[श7 का अथ “जमू-कमीर संघ रा<य?े/ क' िवधान सभा” के )ित िनद[श :प म लगाया जाएगा;

और, िव;मान जमू-कमीर रा<य के जमू-कमीर उ^च Fयायालय के Fयायाधीश7 क' िनयुि_ जमू-कमीर के

संिवधान के अधीन क' गई है तथा उFह7ने उत संिवधान के अधीन शपथ ली है अथवा )ित`ान
कया है। तथािप, मूल

अिधिनयम क' धारा 75 म यह उपबंध है
क मूल अिधिनयम क' िनयत तारीख से ठीक पहले पद धारण करने वाले, िव;मान

जमू-कमीर रा<य के जमू-कमीर उ^च Fयायालय के Fयायाधीश उस
दन को जमू-कमीर संघ रा<य?े/ और ल@ाख संघ

रा<य ?े/ के साझा उ^च Fयायालय के Fयायाधीश ह7गे तथा उ^च Fयायालय के Fयायाधीश7 क' िनयुि_ से संबंिधत उपबंध7

सिहत भारत के संिवधान के सभी उपबंध जमू-कमीर संघ रा<य ?े/ और ल@ाख संघ रा<य ?े/ के साझा उ^च Fयायालय के

Fयायाधीश7 को लागू ह7गे;

और, ऐसे अFय eयि_ अथवा )ािधकारी हE, िजFह7ने जमू-कमीर के संिवधान अथवा अFय
कसी िविध के अधीन

शपथ ली है और उनक' कार वाइय7 तथा कायवािहय7 का मूल अिधिनयम क' िनयत तारीख तक िविधमाFयकरण
कया जाना

अपेि?त है;

और जब
क, मूल अिधिनयम क' धारा 84 और 85 म यह उपबंध है
क केFDीय सरकार, आदेश ]ारा इन धाराg के

)योजन7 के िलए एक या एक से अिधक सिमित अथवा सलाहकार सिमितयां गLठत कर सकती है। तथािप, इस उXतरवतY संघ

रा<य ?े/7 म रा<य के सुगम संhमण के िलए कDीय सरकार ने उत अिधिनयम क' िनयत तारीख से पहले सलाहकार सिमित

का पहले ही गठन कर
दया था और इस )कार ऐसी सलाहकार सिमित ]ारा क' गई कायवािहय7 और कार वाइय7 का

िविधमाFयकरण
कए जाने क' आवयकता है;

और जब
क, मूल अिधिनयम क' धारा 93 क' उपधारा (2) म यह उपबंध है
क रा%&पित के अनुमोदन से संघ लोक

सेवा आयोग ल@ाख संघ रा<य ?े/ क' आवयकताg को पूरा करे गा, तथािप संघ लोक सेवा आयोग केवल समूह ‘क’ और

समूह ‘ख’ (राजपि/त) पद7 पर ही भतY करता है;

और जब
क, ऐसी रा<य िविधयां, िजनको मूल अिधिनयम ]ारा िनरिसत कर
दया गया है अथवा अंगीकृत िलया गया

है, के अधीन गLठत )ािधकरण को तदनु:पी कDीय िविधयां के ]ारा अथवा उनके अधीन गLठत समझा जाएगा;

और जब
क, समय-समय पर संशोिधत संिवधान के सभी उपबंध 05 अग(त, 2019 से िव;मान जमू-कमीर रा<य

को लागू हो गए हE तथा 05 अग(त, 2019 और मूल अिधिनयम के अधीन िनयत
दन के बीच क' अविध के दौरान जारी क'

गई
कसी अिधसूचना अथवा
कए गए
कसी आदेश, बनाए गए िनयम अथवा क' गई िनयुि_ का इस )कार संर?ण
कया

जाना है मानो
क ऐसी कार वाईयां िविध के अनुसार क' गई हE;

और जब
क, मूल अिधिनयम क' पांचवी अनुसूची क' तािलका-2 क' )िविk 1 संपिl अंतरण अिधिनयम, संवत्

1977 (1920 एडी) को उपांतLरत रीित लागू होती है। तथािप, जमू-कमीर संपिl अंतरण अिधिनयम, संवत् 1977 को इस

अनुसूची क' तािलका-3 ]ारा िनरिसत कर
दया गया है;

और जब
क, मूल अिधिनयम क' पांचवी अनुसूची क' तािलका-3 म िविनJद%ट िविधयां, जो िव;मान जमू-कमीर

रा<य को लागू थी, को िनरिसत कर
दया गया है तथा इन िविधयां के अंतगत क' गई कायवािहय7 और कार वाइय7 का संर?ण

कया जाना अपेि?त है;

¹Hkkx IIµ[k.M 3(ii)º Hkkjr dk jkti=k % vlk/kj.k 3

और जब
क, मूल अिधिनयम क' पांचवी अनुसूची म िविनJद%ट
कए गए अनुसार जमू-कमीर व(तु और सेवा कर

अिधिनयम, 2017 को जमू-कमीर संघ रा<य ?े/ और ल@ाख संघ रा<य ?े/ को लागू
कया गया है। तथािप, जमू-कमीर

िवधान मंडल वाला संघ रा<य ?े/ होने के कारण उसका अपना (वयं का व(तु और सेवा कर अिधिनयम, 2017 होगा जब
क,

ल@ाख संघ रा<य?े/ िवधान मंडल रिहत संघ रा<य?े/ होने के कारण वह संघ रा<य?े/ व(तु और सेवा कर अिधिनयम,

2017 से शािसत होगा;

और जब
क, रा<य िविधयां म ‘(थायी िनवासी’ अथवा ‘हैरीडेटरी (टेट सnजेoस’ जैसे कुछ ऐसे )ितिनद[श हE िजनको

जमू-कमीर संघ रा<य?े/ और ल@ाख संघ रा<य?े/ को लागू
कया गया है और संिवधान के सभी उपबंध िव;मान जमू-

कमीर रा<य को लागू होने के पVात् इन )ितिनद[श7 का लोप
कया जाना अपेि?त है;

और जब
क, मूल अिधिनयम के कायाFवयन संबंधी मामले पर केFDीय सरकार के सभी मं/ालय7, िवभाग7 तथा जमू-

कमीर सरकार के साथ िवचार
कया गया है तथा उFह7ने मूल अिधिनयम के िविभFन उपबंध7 के उिचत कायाFवयन म आने

वाली पूवp_ कLठनाइय7 का उलेख
कया है;

और जब
क, मूल अिधिनयम के िविभFन उपबंध7 को )भावी करने म उत कLठनाइयां उXपq हो गई हE;

अत: अब, जमू-कमीर पुनगठन अिधिनयम, 2019 क' धारा 103 ]ारा )दXत शि_य7 का )योग करते rए,

रा%&पित िननिलिखत आदेश करते हE, अथात:् -

1. संि
त नाम और ारं भ. – (1) इस आदेश का संि?s नाम जमू-कमीर पुनगठन (कLठनाइय7 को दूर
कया जाना)
आदेश, 2019 है।

(2) यह राजप/ म इसके )काशन क' तारीख को )वृXत होगा।

2. कठनाइय का दूर कया जाना. – मूल अिधिनयम के उपबंध7 को )भावी करने म उXपq rई कLठनाइय7 को

िननिलिखत रीित म दूर
कया जाएगा : -

(1) िव;मान जमू–कमीर रा<य के िलए जमू-कमीर उ^च Fयायालय के Fयायाधीश7, जो िनयत तारीख से ठीक पहले

पदधारण कर रहे थे, को संिवधान के अनु^छे द 217 के अंतगत िनयुत
कया गया माना जाएगा और उनके बारे म यह माना

जाएगा
क उFह7ने संिवधान के अनु^छे द 219 के अंतगत शपथ ली है या )ित`ान
कया है और ये िनयत तारीख से जमू-

कमीर संघ रा<य?े/ और ल@ाख संघ रा<य?े/ के एक ही उ^च Fयायालय के Fयायाधीश7 के :प म काय करते रहगे।

(2) िनयत
दवस से पूव गLठत सलाहकार सिमित ]ारा
कए गए
कसी काय अथवा क' गई कार वाई को सभी )योजन7

के िलए इस )कार वैध और )भावी माना जाएगा मानो
क इस )कार के काय अथवा इस )कार क' कार वाइयां मूल

अिधिनयम के अंतगत िनयत
दवस के बाद क' गई ह7।

(3) संघ लोक सेवा आयोग केवल ल@ाख संघ रा<य?े/ के संबंध म समूह ‘क’ और समूह ‘ख’ (राजपि/त) पद7 पर ही भतY

करे गा।

(4) सभी केFDीय िविधयां, जो िनयत तारीख से ठीक पहले िव;मान जमू-कमीर संघ रा<य?े/ म लागू थI, पांचवी

अनुसूची क' सारणी-I म उिलिखत िविधय7 के साथ-साथ जमू-कमीर संघ रा<य?े/ और ल@ाख संघ रा<य?े/ म लागू बनी

रहगी ।

(5) वे सभी केFDीय िविधयां, अGयादेश और िनयम, जो िनयत तारीख से ठीक पूव िव;मान जमू-कमीर रा<य के

िसवाय संपूण भारत म लागू थI, अब मूल अिधिनयम क' पांचवी अनुसूची क' सारणी-1 म िविनJद%ट िविधय7 के साथ-साथ

जमू-कमीर संघ रा<य?े/ और ल@ाख संघ रा<य?े/ म लागू ह7गी ।

(6) द जमू एंड कमीर बोिवन NीOडंग (रे गुलश

े न ऑफ )ोडशन, सेल ऑफ बोिवन सीमेन एंड आSट
फिशयल इन

सेमीनेशन) एट, 2018 (रा<यपाल अिधिनयम सं. 55 ऑफ 2018), जमू एंड कमीर Oसंगल Oवंडो (इं ड(&ीयल इFवे(टमट

एंड िबजनेस फेिसिलटेशन) एट, 2018 (रा<यपाल का 2018 का अिधिनयम सं. 10), द जमू एंड कमीर मे&ोपोिलLटन

रीजन डेवलेपमट अथॉLरटीज एट, 2018 (रा<यपाल का 2018 का अिधिनयम सं. 49) और जमू-कमीर रा%&ीय िविध

िवविव;ालय अिधिनयम, 2018 (2019 का अिधिनयम सं. 2) जमू-कमीर संघ रा<य ?े/ और ल@ाख संघ रा<य ?े/ म

तब तक लागू बने रहगे जब तक
क ये
कसी स?म िवधानमंडल या अFय स?म )ािधकारी ]ारा बदले, िनरिसत या संशोिधत

नहI कर
दए जाते हE ।

4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

(7) जमू-कमीर व(तु एवं सेवा कर अिधिनयम, 2017, जमू-कमीर संघ रा<य ?े/ को लागू होगा तथा संघ रा<य ?े/

व(तु एवं सेवा कर अिधिनयम, 2017 ल@ाख संघ रा<य ?े/ को लागू होगा;

(8) जमू-कमीर रा<य म िनयत तारीख से ठीक पूव लागू
कसी िविध या उसके अधीन बनाए गए िनयम7 के संबंध म, -

(क) ‘जमू-कमीर रा<य’ या ‘जमू-कमीर’ या उसके ‘रा<य’ शnद7 के
कसी भी :प म )ितिनद[श7 का

अथाFवयन िसवाय वहां, जहां अFयथा उपबंिधत न
कया गया हो, िनयत
दवस से, यथाि(थित ‘जमू-कमीर

संघ रा<य ?े/’ या ‘ल@ाख संघ रा<य ?े/’, के :प म
कया जाएगा ।

(ख) ‘जमू–कमीर सरकार’ शnद7 के
कसी भी :प म आए संदभt के िलए, िसवाय वहां, जहां ऐसी िविध या

िनयम7 म अFयथा (प%ट :प से उपबंध
कया गया हो, का ‘जमू-कमीर संघ रा<य ?े/ सरकार’ या ‘ल@ाख

संघ रा<य ?े/ )शासन’, यथाि(थित के :प म अथाFवयन
कया जाएगा ।

(9)
कसी िव;मान िविध म “रा<य िवधानमंडल (या उसके
कसी सदन या सदन7)” के )ित
कसी िनद[श का अथाFवयन

जमू–कमीर संघ रा<य ?े/ क' िवधानसभा या िवधानमंडल के )ित िनद[श के :प म
कया जाएगा ।

(10) कDीय सरकार, िनयत तारीख से एक वष क' समािs से पूव, आदेश ]ारा िनयत तारीख से पूव उXतरवतY संघ रा<य

?े/7 के िलए लागू
कसी िविध को अनुकूल या उपांतLरत कर सकेगी ।

(11) इस अिधिनयम के लागू होने के पचात् य
द
कसी पूववतY अिधिनयम को,
कसी उपबंध म उपांतरण के साथ या

िबना, िनरिसत या पुन: अिधिनयिमत
कया जाता है तो
कसी अFय अिधिनयमन या िलखत म ऐसे उपांतरण7 के )ित िनद[श

का अथाFवयन ऐसे उपांतLरत उपबंध7 के :प म
कया जाएगा ।

(12) इस अिधिनयम क' पांचवI अनुसूची क' सारणी 4 म अंतuव%ट, िजसम रा<यपाल के अिधिनयम भी हE, या उसके

अधीन जारी अिधसूचनाएं या बनाए गए िनयम, आदेश के संदभ म “रा<य के (थायी िनवासी या हैरीडेटरी (टेट सबजेटस” के

कसी भी संदभ म जहां कहI वे आते हE, आवयक eयाकरणीय फेरफार के साथ, लोप
कया जाएगा ।

(13) पांचवI अनुसूची क' सारणी 3 म उपबंिधत रीित म िनरिसत अिधिनयम िननिलिखत को )भािवत नहI कर ग—
े

(क) इस )कार िनरिसत क' गई
कसी िविध का पूव )भाव या इसके अंतगत उिचत )कार से
कया गया कोई

काम या उसके अंतगत )भािवत कोई बात;

(ख) इस )कार, िनरिसत क' गई
कसी िविध के अधीन अuजत, )ोvभूत अथवा उपगत कोई िवशेषािधकार,

बाGयता या दाियXव; अथवा

(ग) इस )कार िनरिसत क' गई
कसी िविध के िवwx
कसी
कए गए अपराध के संबंध म उपगत कोई शाि(त,

समपहरण या दंड; अथवा

(घ) ऐसे
कसी अिधकार, िवशेषािधकार, बाGयता, दाियXव, शाि(त, समपहरण अथवा पूवp_ दंड के संबंध म

कोई अFवेषण, िविधक कायवाही या उपचार और ऐसा अFवेषण िविधक कायवाही संि(थत क' जाए, जारी

रखा जाए अथवा )वृl
कया जाए और ऐसी कोई शाि(त, समपहरण अथवा दंड इस )कार अिधरोिपत
कया

जाए, मान7 यह अिधिनयम पाLरत ही नहI
कया गया था ।

(14)
कसी िविध के अधीन क' गई ऐसी िनयुि_ अथवा )ितिनिध मंडल, जारी क' गई
कसी अिधसूचना, अनुदश
े अथवा

िनद[श, तैयार
कए गए ):प, उपिविध अथवा (क'म, )ाs
कए गए )माणप/, अनुदl
कए गए
कसी परिमट अथवा

अनु`िs अथवा
कए रिज(&ीकरण अथवा करार सिहत क' गई
कसी बात अथवा क' गई
कसी कायवाही को जमू-कमीर

संघ रा<य?े/ और ल@ाख संघ रा<य?े/ को लागू कDीय िविधय7 के तvनु:प उपबंध7 के अंतगत क' गई कार वाई समझी

जाएगी और ये तvनुसार तब तक )वृl बनी रहगी जब तक
क इनका अब िव(ताLरत कDीय िविधय7 के अंतगत क' गई
कसी

बात अथवा क' गई
कसी कार वाई ]ारा अिधhमण नहI कर
दया जाता है ।

(15) 5 अग(त, 2019 और िनयत तारीख क' बीच क' अविध के दौरान जारी क' गई
कसी अिधसूचना अथवा
कए गए

आदेश, बनाए गए िनयम या क' गई िनयुि_ सिहत क' गई
कसी बात अथवा क' गई कार वाई को सभी )योजन7 के िलए इस

)कार वैध और )भावी माना जाएगा मानो ऐसी बात और कार वाइयां िविध के अनुसार क' गई थI तथा कोई वाद अथवा अFय

िविधक कार वाइयां, वह जो भी ह7, इस आधार पर
क ऐसी बात या कार वाइयां िविध के अनुसार संि(थत नहI क' जाएंगी या

नहI चलायी जाएंगी ।

¹Hkkx IIµ[k.M 3(ii)º Hkkjr dk jkti=k % vlk/kj.k 5

(16)
कसी ऐसे yि_, िजसने जमू-कमीर के संिवधान या िव;मान जमू-कमीर रा<य म
कसी अFय िविध के अंतगत

िनयत तारीख से ठीक पहले उस :प म पद धारण करने से पूव शपथ ली है अथवा )ित`ान
कया है तो उसके बारे म यह

माना जाएगा
क उसने भारत के संिवधान या जमू-कमीर संघ रा<य?े/ या ल@ाख संघ रा<य?े/ को लागू
कसी अFय िविध

के अंतगत शपथ ली है अथवा )ित`ान
कया है और वह yि_ उस :प म उस तारीख तक उस पद पर अथवा उस अव(था म

बना रहेगा ।

(17) िनयत तारीख से ठीक पहले िव;मान जमू-कमीर को )वृl
कसी िविध के अधीन गLठत
कसी )ािधकरण को

जमू-कमीर संघ रा<य?े/ और ल@ाख संघ रा<य?े/ को लागू कDीय िविधय7 के तvनु:पी उपबंध7 के अधीन तब तक गLठत

माना जाएगा, जब तक, यथाि(थित, जमू-कमीर संघ रा<य?े/ या ल@ाख संघ रा<य?े/ को लागू िविध के अधीन कोई नया

)ािधकरण गLठत नहI कर
दया जाता है और ऐसे )ािधकरण ]ारा आरं भ क' गई
कFही कायवािहय7 अथवा कार वाई को

सभी )योजन7 के िलए वैध और )भावी माना जाएगा ।

(18) पांचवी अनुसूची क' तािलका 1 क' hम सं. 40 म “भारतीय वायलर अिधिनयम, 1923” को “वायलर अिधिनयम,

1923” के :प म पढ़ा जाएगा ।

(19) पांचवी अनुसूची क' तािलका 2 क' hम सं. 1 तथा उससे संबंिधत )िविkय7 का लोप
कया जाएगा ।

राम नाथ कोिवFद

रा|पित

नई
दली,

तारीख : 30 अतूबर, 2019

________

[फा. सं. 11014/05/2014-के- ] I

अजय कुमार भला, गृह सिचव

MINISTRY OF HOME AFFAIRS

(Department of Jammu and Kashmir Affairs)
ORDER
New Delhi, the 30th October, 2019
S.O. 3912(E).—WHEREAS, the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019)
(hereinafter referred to as the principal Act) received the assent of the President on the 9th day of August, 2019
and notified in the Official Gazette on the same day;
AND WHEREAS, the 31st day of October, 2019 has been notified as the appointed day for all
purposes of the principal Act;
AND WHEREAS, the principal Act was enacted to provide for reorganisation of the existing State of
Jammu and Kashmir into the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh;
AND WHEREAS, there are certain Central laws and rules made thereunder which are applicable to
the existing State of Jammu and Kashmir are continued to be made applicable to the Union Territory of
Jammu and Kashmir and the Union Territory of Ladakh;
AND WHEREAS, those Central laws, Ordinance and rules which are applicable to the whole of India
except the existing State of Jammu and Kashmir are to be made applicable to the Union Territory of Jammu
and Kashmir and the Union Territory of Ladakh in addition to the Central laws specified in TABLE -1 of the
of Fifth Schedule to the principal Act;
AND WHEREAS, the Jammu and Kashmir Bovine Breeding (Regulation of Production, Sale of
Bovine Semen and Artificial Insemination) Act, 2018 (Governor’s Act No. LV of 2018), the Jammu and
Kashmir Single Window (Industrial Investment and Business Facilitation) Act, 2018 (Governor’s Act No. X
of 2018), the Jammu and Kashmir Metropolitan Region Development Authorities Act, 2018 (Governor’s Act
No. XLIX of 2018) and the Jammu and Kashmir National Law University Act, 2018 (Act No. II of 2019)
which are applicable to the existing State of Jammu and Kashmir are continued to be made applicable to the
Union Territory of Jammu and Kashmir and the Union Territory of Ladakh;
6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

AND WHEREAS, after application of all the Central laws and relevant State laws to the Union
Territory of Jammu and Kashmir and the Union Territory of Ladakh, the adaptation of laws to the successor
Union territories with required modifications cannot be restricted to laws specified in the Fifth Schedule to the
principal Act but required to be extended to any law made applicable before the appointed day;
AND WHEREAS, the references to the “State of Jammu and Kashmir” with respect to the laws
specified in the Fifth Schedule to the principal Act and other State laws and Central laws and rules made
thereunder, shall be construed as references to the Union Territory of Jammu and Kashmir or the Union
Territory of Ladakh, as the case may be;
AND WHEREAS, the references to the “State Legislature including Legislative Council of the State”
which has been abolished by the principal Act shall be construed as “Legislative Assembly of the Union
Territory of Jammu and Kashmir”;
AND WHEREAS, the Judges of the High Court of Jammu and Kashmir for the existing State of
Jammu and Kashmir have been appointed under the Constitution of Jammu and Kashmir and have taken oath
or affirmation under the said Constitution. However, section 75 of the principal Act provides that the Judges
of the High Court of Jammu and Kashmir of the existing State of Jammu and Kashmir holding office
immediately before the appointed day of the principal Act shall become on that day the Judges of the common
High Court for the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh and all the
provisions of the Constitution of India, including the provisions relating to appointment of Judges of High
Court are to be applicable to the Judges of the common High Court for the Union Territory of Jammu and
Kashmir and the Union Territory of Ladakh;
AND WHEREAS, there are other persons or authorities who have taken oath under the Constitution
of Jammu and Kashmir or any other law and their actions and proceedings are required to be validated till the
appointed day of the principal Act;
AND WHEREAS, sections 84 and 85 of the principal Act provides that the Central Government
may, by order, establish one or more Committee or Advisory Committees for the purposes of those sections.
However, for smooth transition of the State to successor Union Territories, the Central Government had
already appointed the Advisory Committee before the appointed day of the said Act and therefore there is a
need to validate the proceedings and actions taken by such Advisory Committee;
AND WHEREAS, sub-section (2) of section 93 of the principal Act provides that the Union Public
Service Commission, with the approval of President, shall serve the needs of the Union Territory of Ladakh,
however, the Union Public Service Commission makes recruitment only for the Group ‘A’ and Group ‘B’
(Gazetted) posts;
AND WHEREAS, the authority constituted under the State laws which are repealed or adopted by the
principal Act shall be deemed to be constituted by or under the corresponding Central laws;
AND WHEREAS, all the provisions of the Constitution as amended from time to time have become
applicable to the existing State of Jammu and Kashmir with effect from the 5th day of August 2019, and any
notification issued or order, rule or appointment made during the period between the 5th day of August, 2019
and the appointed day under the principal Act are required to be protected, as if such actions have been taken
in accordance with law;
AND WHEREAS, entry 1 of TABLE - 2 of the Fifth Schedule to the principal Act applies the
Transfer of Property Act, Svt. 1977 (1920 AD) in a modified manner. However, the Jammu and Kashmir
Transfer of Property Act, Svt.1977 has been repealed by TABLE-3 of that Schedule;
AND WHEREAS, the laws specified in TABLE - 3 of the Fifth Schedule to the principal Act which
were applicable to the existing State of Jammu and Kashmir have been repealed and the proceedings and
actions taken under those laws are required to be protected;
AND WHEREAS, the Jammu and Kashmir State Goods and Services Tax Act, 2017 has been made
applicable to the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh as specified in
the Fifth Schedule to the principal Act. However, the Union Territory of Jammu and Kashmir, being a Union
Territory with Legislature shall have its own Goods and Services Tax, Act, 2017 whereas the Union Territory
of Ladakh, being a Union Territory without Legislature shall be governed by the Union Territory Goods and
Services Tax Act, 2017;
¹Hkkx IIµ[k.M 3(ii)º Hkkjr dk jkti=k % vlk/kj.k 7

AND WHEREAS, there are references in the State laws that have been applied to the Union Territory
of Jammu and Kashmir and the Union Territory of Ladakh to the expressions ‘permanent residents’ or
‘hereditary state subjects’ and after application of all the provisions of the Constitution to the existing State of
Jammu and Kashmir, these references are required to be omitted;
AND WHEREAS, the matter regarding implementation of the principal Act has been taken up with
the Central Government Ministries, Departments and the Government of Jammu and Kashmir and they have
pointed out the aforementioned difficulties in proper implementation of various provisions of the principal
Act;
AND WHEREAS, the aforementioned difficulties have arisen in giving effect to various provisions of
the principal Act;
NOW, THEREFORE, in exercise of the powers conferred by section 103 of the Jammu and Kashmir
Reorganisation Act, 2019, the President, hereby makes the following Order, namely: -
1. Short title and commencement.—(1) This Order may be called the Jammu and Kashmir
Reorganisation (Removal of Difficulties) Order, 2019.
(2) It shall come into force on the date of its publication in the Official Gazette.
2. Removal of difficulties.—The difficulties arising in giving effect to the provisions of the principal
Act have been removed in the following manner, namely: -
(1) The Judges of the High Court of Jammu and Kashmir for the existing State of Jammu and Kashmir
holding office immediately before the appointed day shall be deemed to have been appointed under article 217
of the Constitution and they shall be deemed to have taken oath or affirmation under article 219 of the
Constitution and shall continue to function as Judges of common High Court of the Union Territory of Jammu
and Kashmir and the Union Territory of Ladakh from the appointed day.
(2) Anything done or any action taken by the Advisory Committee established before the appointed day,
shall for all purposes, be deemed to be valid and operative, as if such things had been done or such actions had
been taken after the appointed day under the principal Act.
(3) The Union Public Service Commission shall make recruitment for the Group ‘A’ and Group ‘B’
(Gazetted) posts only in respect of the Union Territory of Ladakh.
(4) All Central laws which were applicable to the existing State of Jammu and Kashmir immediately
before the appointed day shall continue to apply to the Union Territory of Jammu and Kashmir and the Union
Territory of Ladakh in addition to the laws mentioned in Table-I of the Fifth Schedule.
(5) All those Central laws, Ordinance and rules which are applicable to the whole of India except the
existing State of Jammu and Kashmir immediately before the appointed day, shall now be applicable to the
Union Territory of Jammu and Kashmir and the Union Territory of Ladakh in addition to the Central laws
specified in TABLE -1 of the of Fifth Schedule to the principal Act;
(6) The Jammu and Kashmir Bovine Breeding (Regulation of Production, Sale of Bovine Semen and
Artificial Insemination) Act, 2018 (Governor’s Act No. LV of 2018), the Jammu and Kashmir Single Window
(Industrial Investment and Business Facilitation) Act, 2018 (Governor’s Act No. X of 2018), the Jammu and
Kashmir Metropolitan Region Development Authorities Act, 2018 (Governor’s Act No. XLIX of 2018) and
the Jammu and Kashmir National Law University Act, 2018 (Act No. II of 2019) shall continue to apply to the
Union Territory of Jammu and Kashmir and the Union Territory of Ladakh until altered, repealed or amended
by a competent Legislature or other competent authority.
(7) The Jammu and Kashmir Goods and Services Tax Act, 2017 shall be applicable to the Union
Territory of Jammu and Kashmir and the Union Territory Goods and Services Tax Act, 2017 shall be
applicable to the Union Territory of Ladakh.
(8) With respect to any law in force or rules made thereunder immediately before the appointed day in the
State of Jammu and Kashmir, -
(a) the references, by whatever form, of words to the “State of Jammu and Kashmir” or
“Jammu and Kashmir” or “State” thereof shall, as from the appointed day, except where it is
unless otherwise provided, be construed as “Union Territory of Jammu and Kashmir” or
“Union Territory of Ladakh, as the case may be”;
8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

(b) the references, by whatever form, of words to the “Government of Jammu and Kashmir”,
except where it is otherwise expressly provided, in such law or rules, shall be construed as
references to “the Government of Union Territory of Jammu and Kashmir” or “the
Administration of Union Territory of Ladakh, as the case may be”.
(9) Any reference in any existing law to the “Legislature of the State (or any House or Houses thereof)”
shall be construed as references to the Legislative Assembly or Legislature of the Union Territory of Jammu
and Kashmir.
(10) The Central Government may before the expiration of one year from the appointed day by order may
adapt or modify any law made applicable to the successor Union Territories before the appointed day.
(11) If any Act made after the commencement of this Act, repeals or re-enacts, with or without
modification, any provision of a previous Act, references to such modifications in any other enactment or
instrument, shall be construed as references to the provision so modified.
(12) In the Acts including Governor’s Acts contained in TABLE - 4 of the Fifth Schedule to this Act or
notifications issued or rules, orders, made thereunder, any reference, by whatever form to the “permanent
residents of the State or hereditary State subject”, wherever they occur, shall be omitted with necessary
grammatical variations.
(13) The Acts repealed in the manner provided in TABLE -3 of the Fifth Schedule, shall not affect—
(a) the previous operation of any law so repealed or anything duly done or suffered there under;
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so
repealed;
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against
any law so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment as aforesaid,
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and
any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed.
(14) Anything done or any action taken including any appointment or delegation made, notification,
instruction or direction issued, form, bye-law or Scheme framed, certificate obtained, permit or licence
granted or registration effected or agreement executed under any law shall be deemed to have been done or
taken under the corresponding provisions of the Central laws now extended and applicable to the Union
Territory of Jammu and Kashmir and the Union Territory of Ladakh and shall continue to be in force
accordingly, unless and until superseded by anything done or any action taken under the Central laws now
extended.
(15) Anything done or any action taken including any notification issued or order, rule or appointment
made during the period between the 5th of August, 2019 and the appointed day shall, for all purposes, be
deemed to be valid and operative as if such things had been done or actions had been taken in accordance
with law, and no suit or other legal proceeding shall be instituted or maintained against any person or
authority whatsoever, on the ground that such things or actions were not done or taken in accordance with
law.
(16) Any person who has taken an oath or made an affirmation before holding office or position as such
under the Constitution of Jammu and Kashmir or any other law in force in the existing State of Jammu and
Kashmir immediately before the appointed day shall be deemed to have taken such oath or affirmation under
the Constitution of India or any other law applicable to the Union Territory of Jammu and Kashmir and the
Union Territory of Ladakh, and shall continue to hold office or position as such till the appointed day.
(17) Any authority constituted under any law in the existing State of Jammu and Kashmir immediately in
force before the appointed day shall be deemed to have been constituted under the corresponding provisions
of the Central laws applicable to the Union Territory of Jammu and Kashmir and the Union Territory of
Ladakh, until a new authority is constituted under the law applicable to the Union Territory of Jammu and
Kashmir or the Union Territory of Ladakh, as the case may be, and any proceedings initiated or action taken
by such authority, shall for all purposes be deemed to be valid and operative.
¹Hkkx IIµ[k.M 3(ii)º Hkkjr dk jkti=k % vlk/kj.k 9

(18) In TABLE – 1 of the Fifth Schedule, in serial number 40, for “The Indian Boilers Act, 1923” shall be
read as “The Boilers Act, 1923.
(19) In TABLE -2 of the Fifth Schedule, serial number 1 and the entries relating thereto shall be omitted.

New Delhi RAM NATH KOVIND

30th October, 2019. President
________
[F. No. 11014/05/2014-K.I]
AJAY KUMAR BHALLA, Home Secy.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. MANOJ Digitally signed
by MANOJ
KUMAR KUMAR VERMA
Date: 2019.10.30
VERMA 22:36:13 +05'30'
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 3585] ubZ fnYyh] 'kfuokj] uoEcj 2] 2019@dkfrZd 11] 1941
No. 3585] NEW DELHI, SATURDAY, NOVEMBER 2, 2019/KARTIKA 11, 1941

गृह मंालय
जमू, कमीर
( मीर और लाख काय िवभाग)
आदेश
नई
दली, 2 नव बर, 2019

का.आ. 3979(
3979(अ).—ज मू-कमीर पुनगठन अिधिनयम, 2019 (2019 का 34) (िजसे इसम इसके पचात मूल

अिधिनयम कहा गया है) को रा%&पित क( अनुमित 09 अग)त, 2019 को *ा+त हो गई थी और इसे उसी
दन राजप0 म

*कािशत कर
दया गया था;

और, 31 अ2तूबर, 2019 क( तारीख, मूल अिधिनयम के सभी *योजन9 के िलए िनयत
दवस के ;प म अिधसूिचत

क( गई है;

और, िव<मान ज मू-कमीर रा=य का ज मू-कमीर संघ रा=य@े0 और लAाख संघ रा=य@े0 म पुनगठन का उपबंध

करने के िलए मूल अिधिनयम अिधिनयिमत
कया गया था;

और, मूल अिधिनयम क( धारा 2 के खंड (ङ) ''िव<मान ज मू-कमीर रा=य'' को 'िनयत
दवस से ठीक पूव

यथािव<मान कमीर रा=य, जो भारतीय ज मू-कमीर रा=य म भारत के संिवधान के *ारं भ से ठीक पूव रा=य@े0 से िमलकर

बना है' पBरभािषत करती है';

और, मूल अिधिनयम क( धारा 3 यह उपबंध करती है
क िनयत
दवस से ही, लAाख संघ रा=य@े0 म िव<मान

ज मू-कमीर रा=य के ''कारिगल और लेह िजल9'' के रा=य@े0 सि मिलत हE;

और भारत के संिवधान के *ारं भ से पूव िव<मान भारतीय सवF@ण के अिभलेख9, मूल अिधिनयम क( धारा 2 के

खंड (ङ) और धारा 3 तथा भौगोिलक पहलुK को Lयान म रखते Mए मूल अिधिनयम म लेह िजले के घटक9 को )पO करना

आवयक है;

और मूल अिधिनयम के िविभQ उपबंध9 को *भावी करने म पूवRS कBठनाई उTपQ Mई है;

5708 GI/2019 (1)

2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

अत: अब, राUपित ज मू-कमीर पुनगठन अिधिनयम, 2019 क( धारा 103 Vारा *दW शिSय9 का *योग करते

Mए, िनXिलिखत आदेश करते हE, अथात:् --

1. संि
त नाम और ारंभ.—(1) इस आदेश का संि@[ नाम ज मू-कमीर पुनगठन (कBठनाइय9 को दूर करना) दूसरा
आदेश, 2019 है।

(2) यह राजप0 म इसके *काशन क( तारीख को *वृTत होगा।

2. लेह िजले के राय

े—ज मू-कमीर पुनगठन अिधिनयम, 2019 क( धारा 3 म िविन]दO लेह िजले के रा=य@े0 म
िव<मान ज मू-कमीर रा=य के िनXिलिखत िजले सि मिलत ह9गे, अथात:् --

''िगलिगट, िगलिगट वज़ारत, िचलास, जनजातीय रा=य@े0 और 'लेह और लAाख' कारिगल के वतमान रा=य@े0 के िसवाय''।

राम नाथ कोिव^द

राUपित

नई
दली,

तारीख : 2 नवम्बर, 2019

________

[फा. सं. 11014/05/2014-के- ] I

अजय कुमार भला, गृह सिचव

MINISTRY OF HOME AFFAIRS

(Department of Jammu, Kashmir and Ladakh Affairs)
ORDER
New Delhi, the 2nd November, 2019
S.O. 3979(E).—WHEREAS, the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019)
(hereinafter referred to as the principal Act) received the assent of the President on the 9th day of August, 2019
and notified in the Official Gazette on the same day;
AND WHEREAS, the 31st day of October, 2019 has been notified as the appointed day for all
purposes of the principal Act;
AND WHEREAS, the principal Act was enacted to provide for reorganisation of the existing State of
Jammu and Kashmir into the Union territory of Jammu and Kashmir and the Union territory of Ladakh;
AND WHEREAS, clause (e) of section 2 of the principal Act defines the “existing State of Jammu
and Kashmir” as the ‘State of Jammu and Kashmir as existing immediately before the appointed day,
comprising the territory immediately before the commencement of the Constitution of India in the Indian State
of Jammu and Kashmir’;
AND WHEREAS, section 3 of the principal Act provides that on and from the appointed day, the
Union territory of Ladakh comprises the territories of “Kargil and Leh districts” of the existing State of
Jammu and Kashmir;
AND WHEREAS, in view of the records of Survey of India existing before the commencement of the
Constitution of India, clause (e) of section 2 and section 3 of the principal Act and the geographical aspects,
there is a need to clarify the constituents of Leh district in the principal Act;
AND WHEREAS, the aforementioned difficulty has arisen in giving effect to various provisions of
the principal Act;
¹Hkkx IIµ[k.M 3(ii)º Hkkjr dk jkti=k % vlk/kj.k 3

NOW, THEREFORE, in exercise of the powers conferred by section 103 of the Jammu and Kashmir
Reorganisation Act, 2019, the President, hereby makes the following Order, namely: –
1. Short title and commencement.—(1) This Order may be called the Jammu and Kashmir
Reorganisation (Removal of Difficulties) Second Order, 2019.
(2) It shall come into force on the date of its publication in the Official Gazette.
2. Territories of Leh district.—The territory of Leh district specified in section 3 of the Jammu and
Kashmir Reorganisation Act, 2019 shall constitute the following districts of the existing State of Jammu and
Kashmir, namely: –
“Gilgit, Gilgit Wazarat, Chilas, Tribal territory and ‘Leh and Ladakh’ except present territory of
Kargil”.

New Delhi RAM NATH KOVIND

2nd November, 2019. President
________
[F. No. 11014/05/2014-K-I]
AJAY KUMAR BHALLA, Home Secy.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. MANOJ Digitally signed
by MANOJ
KUMAR KUMAR VERMA
Date: 2019.11.02
VERMA 13:16:23 +05'30'
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 54] ubZ fnYyh] 'kqØ okj] vxLr 9] 2019@ Jko.k 18] 1941 ¼'kd½
No. 54] NEW DELHI, FRIDAY, AUGUST 9, 2019/SHRAVANA 18, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 9th August, 2019/Shravana 18, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
9th August, 2019, and is hereby published for general information:—

THE CONSUMER PROTECTION ACT, 2019

NO. 35 OF 2019
[9th August, 2019.]
An Act to provide for protection of the interests of consumers and for the said
purpose, to establish authorities for timely and effective administration and
settlement of consumers' disputes and for matters connected therewith or
incidental thereto.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Consumer Protection Act, 2019. Short title,
extent,
(2) It extends to the whole of India except the State of Jammu and Kashmir. commencement
(3) It shall come into force on such date as the Central Government may, by notification, and
application.
appoint and different dates may be appointed for different States and for different provisions
of this Act and any reference in any such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.
(4) Save as otherwise expressly provided by the Central Government, by notification,
this Act shall apply to all goods and services.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Definitions. 2. In this Act, unless the context otherwise requires,—

(1) "advertisement" means any audio or visual publicity, representation,
endorsement or pronouncement made by means of light, sound, smoke, gas, print,
electronic media, internet or website and includes any notice, circular, label, wrapper,
invoice or such other documents;
(2) "appropriate laboratory" means a laboratory or an organisation—
(i) recognised by the Central Government; or
(ii) recognised by a State Government, subject to such guidelines as may
be issued by the Central Government in this behalf; or
(iii) established by or under any law for the time being in force, which is
maintained, financed or aided by the Central Government or a State Government
for carrying out analysis or test of any goods with a view to determining whether
such goods suffer from any defect;
(3) "branch office" means—
(i) any office or place of work described as a branch by the establishment; or
(ii) any establishment carrying on either the same or substantially the
same activity carried on by the head office of the establishment;
(4) "Central Authority" means the Central Consumer Protection Authority
established under section 10;
(5) "complainant" means—
(i) a consumer; or
(ii) any voluntary consumer association registered under any law for the
time being in force; or
(iii) the Central Government or any State Government; or
(iv) the Central Authority; or
(v) one or more consumers, where there are numerous consumers having
the same interest; or
(vi) in case of death of a consumer, his legal heir or legal representative; or
(vii) in case of a consumer being a minor, his parent or legal guardian;
(6) "complaint" means any allegation in writing, made by a complainant for
obtaining any relief provided by or under this Act, that—
(i) an unfair contract or unfair trade practice or a restrictive trade practice
has been adopted by any trader or service provider;
(ii) the goods bought by him or agreed to be bought by him suffer from
one or more defects;
(iii) the services hired or availed of or agreed to be hired or availed of by
him suffer from any deficiency;
(iv) a trader or a service provider, as the case may be, has charged for the
goods or for the services mentioned in the complaint, a price in excess of the
price—
(a) fixed by or under any law for the time being in force; or
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(b) displayed on the goods or any package containing such goods; or

(c) displayed on the price list exhibited by him by or under any law
for the time being in force; or
(d) agreed between the parties;
(v) the goods, which are hazardous to life and safety when used, are being
offered for sale to the public—
(a) in contravention of standards relating to safety of such goods
as required to be complied with, by or under any law for the time being in
force;
(b) where the trader knows that the goods so offered are unsafe to
the public;
(vi) the services which are hazardous or likely to be hazardous to life and
safety of the public when used, are being offered by a person who provides any
service and who knows it to be injurious to life and safety;
(vii) a claim for product liability action lies against the product
manufacturer, product seller or product service provider, as the case may be;
(7) "consumer" means any person who—
(i) buys any goods for a consideration which has been paid or promised
or partly paid and partly promised, or under any system of deferred payment
and includes any user of such goods other than the person who buys such
goods for consideration paid or promised or partly paid or partly promised, or
under any system of deferred payment, when such use is made with the approval
of such person, but does not include a person who obtains such goods for
resale or for any commercial purpose; or
(ii) hires or avails of any service for a consideration which has been paid
or promised or partly paid and partly promised, or under any system of deferred
payment and includes any beneficiary of such service other than the person
who hires or avails of the services for consideration paid or promised, or partly
paid and partly promised, or under any system of deferred payment, when such
services are availed of with the approval of the first mentioned person, but does
not include a person who avails of such service for any commercial purpose.
Explanation.—For the purposes of this clause,—
(a) the expression "commercial purpose" does not include use by a
person of goods bought and used by him exclusively for the purpose of
earning his livelihood, by means of self-employment;
(b) the expressions "buys any goods" and "hires or avails any
services" includes offline or online transactions through electronic means
or by teleshopping or direct selling or multi-level marketing;
(8) "consumer dispute" means a dispute where the person against whom a
complaint has been made, denies or disputes the allegations contained in the complaint;
(9) "consumer rights" includes,—
(i) the right to be protected against the marketing of goods, products or
services which are hazardous to life and property;
(ii) the right to be informed about the quality, quantity, potency, purity,
standard and price of goods, products or services, as the case may be, so as to
protect the consumer against unfair trade practices;
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(iii) the right to be assured, wherever possible, access to a variety of

goods, products or services at competitive prices;
(iv) the right to be heard and to be assured that consumer's interests will
receive due consideration at appropriate fora;
(v) the right to seek redressal against unfair trade practice or restrictive
trade practices or unscrupulous exploitation of consumers; and
(vi) the right to consumer awareness;
(10) "defect" means any fault, imperfection or shortcoming in the quality,
quantity, potency, purity or standard which is required to be maintained by or under
any law for the time being in force or under any contract, express or implied or as is
claimed by the trader in any manner whatsoever in relation to any goods or product
and the expression "defective" shall be construed accordingly;
(11) "deficiency" means any fault, imperfection, shortcoming or inadequacy in
the quality, nature and manner of performance which is required to be maintained by or
under any law for the time being in force or has been undertaken to be performed by a
person in pursuance of a contract or otherwise in relation to any service and includes—
(i) any act of negligence or omission or commission by such person which
causes loss or injury to the consumer; and
(ii) deliberate withholding of relevant information by such person to the
consumer;
(12) "design", in relation to a product, means the intended or known physical
and material characteristics of such product and includes any intended or known
formulation or content of such product and the usual result of the intended
manufacturing or other process used to produce such product;
(13) "direct selling" means marketing, distribution and sale of goods or provision
of services through a network of sellers, other than through a permanent retail location;
(14) "Director-General" means the Director-General appointed under
sub-section (2) of section 15;
(15) "District Commission" means a District Consumer Disputes Redressal
Commission established under sub-section (1) of section 28;
(16) "e-commerce" means buying or selling of goods or services including
digital products over digital or electronic network;
(17) "electronic service provider" means a person who provides technologies
or processes to enable a product seller to engage in advertising or selling goods or
services to a consumer and includes any online market place or online auction sites;
(18) "endorsement", in relation to an advertisement, means—
(i) any message, verbal statement, demonstration; or
(ii) depiction of the name, signature, likeness or other identifiable personal
characteristics of an individual; or
(iii) depiction of the name or seal of any institution or organisation,
which makes the consumer to believe that it reflects the opinion, finding or experience of the
person making such endorsement;
(19) "establishment" includes an advertising agency, commission agent,
manufacturing, trading or any other commercial agency which carries on any business,
trade or profession or any work in connection with or incidental or ancillary to any
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

commercial activity, trade or profession, or such other class or classes of persons

including public utility entities in the manner as may be prescribed;
(20) "express warranty" means any material statement, affirmation of fact, promise
or description relating to a product or service warranting that it conforms to such
material statement, affirmation, promise or description and includes any sample or
model of a product warranting that the whole of such product conforms to such
sample or model;
(21) "goods" means every kind of movable property and includes "food" as
defined in clause (j) of sub-section (1) of section 3 of the Food Safety and Standards
34 of 2006. Act, 2006;
(22) "harm", in relation to a product liability, includes—
(i) damage to any property, other than the product itself;
(ii) personal injury, illness or death;
(iii) mental agony or emotional distress attendant to personal injury or
illness or damage to property; or
(iv) any loss of consortium or services or other loss resulting from a harm
referred to in sub-clause (i) or sub-clause (ii) or sub-clause (iii),
but shall not include any harm caused to a product itself or any damage to the property
on account of breach of warranty conditions or any commercial or economic loss,
including any direct, incidental or consequential loss relating thereto;
(23) "injury" means any harm whatever illegally caused to any person, in body,
mind or property;
(24) "manufacturer" means a person who—
(i) makes any goods or parts thereof; or
(ii) assembles any goods or parts thereof made by others; or
(iii) puts or causes to be put his own mark on any goods made by any
other person;
(25) "mediation" means the process by which a mediator mediates the consumer
disputes;
(26) "mediator" means a mediator referred to in section 75;
(27) "member" includes the President and a member of the National Commission
or a State Commission or a District Commission, as the case may be;
(28) "misleading advertisement" in relation to any product or service, means an
advertisement, which—
(i) falsely describes such product or service; or
(ii) gives a false guarantee to, or is likely to mislead the consumers as to
the nature, substance, quantity or quality of such product or service; or
(iii) conveys an express or implied representation which, if made by the
manufacturer or seller or service provider thereof, would constitute an unfair
trade practice; or
(iv) deliberately conceals important information;
(29) "National Commission" means the National Consumer Disputes Redressal
Commission established under sub-section (1) of section 53;
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(30) "notification" means a notification published in the Official Gazette and the
term "notify" shall be construed accordingly;
(31) "person" includes—
(i) an individual;
(ii) a firm whether registered or not;
(iii) a Hindu undivided family;
(iv) a co-operative society;
(v) an association of persons whether registered under the Societies
Registration Act, 1860 or not; 21 of 1860.

(vi) any corporation, company or a body of individuals whether

incorporated or not;
(vii) any artificial juridical person, not falling within any of the preceding
sub-clauses;
(32) "prescribed" means prescribed by rules made by the Central Government,
or, as the case may be, the State Government;
(33) "product" means any article or goods or substance or raw material or any
extended cycle of such product, which may be in gaseous, liquid, or solid state
possessing intrinsic value which is capable of delivery either as wholly assembled or
as a component part and is produced for introduction to trade or commerce, but does
not include human tissues, blood, blood products and organs;
(34) "product liability" means the responsibility of a product manufacturer or
product seller, of any product or service, to compensate for any harm caused to a
consumer by such defective product manufactured or sold or by deficiency in services
relating thereto;
(35) "product liability action" means a complaint filed by a person before a
District Commission or State Commission or National Commission, as the case may be,
for claiming compensation for the harm caused to him;
(36) "product manufacturer" means a person who—
(i) makes any product or parts thereof; or
(ii) assembles parts thereof made by others; or
(iii) puts or causes to be put his own mark on any products made by any
other person; or
(iv) makes a product and sells, distributes, leases, installs, prepares,
packages, labels, markets, repairs, maintains such product or is otherwise involved
in placing such product for commercial purpose; or
(v) designs, produces, fabricates, constructs or re-manufactures any
product before its sale; or
(vi) being a product seller of a product, is also a manufacturer of such
product;
(37) "product seller", in relation to a product, means a person who, in the course
of business, imports, sells, distributes, leases, installs, prepares, packages, labels,
markets, repairs, maintains, or otherwise is involved in placing such product for
commercial purpose and includes—
(i) a manufacturer who is also a product seller; or
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

(ii) a service provider,

but does not include—
(a) a seller of immovable property, unless such person is engaged in the
sale of constructed house or in the construction of homes or flats;
(b) a provider of professional services in any transaction in which, the
sale or use of a product is only incidental thereto, but furnishing of opinion, skill
or services being the essence of such transaction;
(c) a person who—
(I) acts only in a financial capacity with respect to the sale of the
product;
(II) is not a manufacturer, wholesaler, distributor, retailer, direct seller
or an electronic service provider;
(III) leases a product, without having a reasonable opportunity to
inspect and discover defects in the product, under a lease arrangement in
which the selection, possession, maintenance, and operation of the
product are controlled by a person other than the lessor;
(38) "product service provider", in relation to a product, means a person who
provides any service in respect of such product;
(39) "regulations" means the regulations made by the National Commission, or
as the case may be, the Central Authority;
(40) "Regulator" means a body or any authority established under any other
law for the time being in force;
(41) "restrictive trade practice" means a trade practice which tends to bring
about manipulation of price or its conditions of delivery or to affect flow of supplies in
the market relating to goods or services in such a manner as to impose on the consumers
unjustified costs or restrictions and shall include—
(i) delay beyond the period agreed to by a trader in supply of such goods
or in providing the services which has led or is likely to lead to rise in the price;
(ii) any trade practice which requires a consumer to buy, hire or avail of
any goods or, as the case may be, services as condition precedent for buying,
hiring or availing of other goods or services;
(42) "service" means service of any description which is made available to
potential users and includes, but not limited to, the provision of facilities in connection
with banking, financing, insurance, transport, processing, supply of electrical or other
energy, telecom, boarding or lodging or both, housing construction, entertainment,
amusement or the purveying of news or other information, but does not include the
rendering of any service free of charge or under a contract of personal service;
(43) "spurious goods" means such goods which are falsely claimed to be
genuine;
(44) "State Commission" means a State Consumer Disputes Redressal
Commission established under sub-section (1) of section 42;
(45) "trader", in relation to any goods, means a person who sells or distributes
any goods for sale and includes the manufacturer thereof, and where such goods are
sold or distributed in package form, includes the packer thereof;
(46) "unfair contract" means a contract between a manufacturer or trader or
service provider on one hand, and a consumer on the other, having such terms which
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

cause significant change in the rights of such consumer, including the following,
namely:—
(i) requiring manifestly excessive security deposits to be given by a
consumer for the performance of contractual obligations; or
(ii) imposing any penalty on the consumer, for the breach of contract
thereof which is wholly disproportionate to the loss occurred due to such breach
to the other party to the contract; or
(iii) refusing to accept early repayment of debts on payment of applicable
penalty; or
(iv) entitling a party to the contract to terminate such contract unilaterally,
without reasonable cause; or
(v) permitting or has the effect of permitting one party to assign the contract
to the detriment of the other party who is a consumer, without his consent; or
(vi) imposing on the consumer any unreasonable charge, obligation or
condition which puts such consumer to disadvantage;
(47) "unfair trade practice" means a trade practice which, for the purpose of
promoting the sale, use or supply of any goods or for the provision of any service,
adopts any unfair method or unfair or deceptive practice including any of the following
practices, namely:—
(i) making any statement, whether orally or in writing or by visible
representation including by means of electronic record, which—
(a) falsely represents that the goods are of a particular standard,
quality, quantity, grade, composition, style or model;
(b) falsely represents that the services are of a particular standard,
quality or grade;
(c) falsely represents any re-built, second-hand, renovated,
reconditioned or old goods as new goods;
(d) represents that the goods or services have sponsorship, approval,
performance, characteristics, accessories, uses or benefits which such
goods or services do not have;
(e) represents that the seller or the supplier has a sponsorship or
approval or affiliation which such seller or supplier does not have;
(f) makes a false or misleading representation concerning the need
for, or the usefulness of, any goods or services;
(g) gives to the public any warranty or guarantee of the performance,
efficacy or length of life of a product or of any goods that is not based on
an adequate or proper test thereof:
Provided that where a defence is raised to the effect that such
warranty or guarantee is based on adequate or proper test, the burden of
proof of such defence shall lie on the person raising such defence;
(h) makes to the public a representation in a form that purports to
be—
(A) a warranty or guarantee of a product or of any goods or
services; or
(B) a promise to replace, maintain or repair an article or any
part thereof or to repeat or continue a service until it has achieved a
specified result,
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

if such purported warranty or guarantee or promise is materially misleading or if there

is no reasonable prospect that such warranty, guarantee or promise will be carried out;
(i) materially misleads the public concerning the price at which a product or like
products or goods or services, have been or are, ordinarily sold or provided, and, for
this purpose, a representation as to price shall be deemed to refer to the price at which
the product or goods or services has or have been sold by sellers or provided by
suppliers generally in the relevant market unless it is clearly specified to be the price at
which the product has been sold or services have been provided by the person by
whom or on whose behalf the representation is made;
(j) gives false or misleading facts disparaging the goods, services or trade of
another person.
Explanation.—For the purposes of this sub-clause, a statement that is,—
(A) expressed on an article offered or displayed for sale, or on its wrapper or
container; or
(B) expressed on anything attached to, inserted in, or accompanying, an article
offered or displayed for sale, or on anything on which the article is mounted for
display or sale; or
(C) contained in or on anything that is sold, sent, delivered, transmitted or in
any other manner whatsoever made available to a member of the public,
shall be deemed to be a statement made to the public by, and only by, the person who had
caused the statement to be so expressed, made or contained;
(ii) permitting the publication of any advertisement, whether in any
newspaper or otherwise, including by way of electronic record, for the sale or
supply at a bargain price of goods or services that are not intended to be offered
for sale or supply at the bargain price, or for a period that is, and in quantities
that are, reasonable, having regard to the nature of the market in which the
business is carried on, the nature and size of business, and the nature of the
advertisement.
Explanation.—For the purpose of this sub-clause, "bargain price" means,—
(A) a price that is stated in any advertisement to be a bargain price,
by reference to an ordinary price or otherwise; or
(B) a price that a person who reads, hears or sees the advertisement,
would reasonably understand to be a bargain price having regard to the
prices at which the product advertised or like products are ordinarily sold;
(iii) permitting—
(a) the offering of gifts, prizes or other items with the intention of
not providing them as offered or creating impression that something is
being given or offered free of charge when it is fully or partly covered by
the amount charged, in the transaction as a whole;
(b) the conduct of any contest, lottery, game of chance or skill, for
the purpose of promoting, directly or indirectly, the sale, use or supply of
any product or any business interest, except such contest, lottery, game
of chance or skill as may be prescribed;
(c) withholding from the participants of any scheme offering gifts,
prizes or other items free of charge on its closure, the information about
final results of the scheme.
 10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Explanation.—For the purpose of this sub-clause, the participants of a scheme shall

be deemed to have been informed of the final results of the scheme where such results are
within a reasonable time published, prominently in the same newspaper in which the scheme
was originally advertised;
(iv) permitting the sale or supply of goods intended to be used, or are of
a kind likely to be used by consumers, knowing or having reason to believe that
the goods do not comply with the standards prescribed by the competent
authority relating to performance, composition, contents, design, constructions,
finishing or packaging as are necessary to prevent or reduce the risk of injury to
the person using the goods;
(v) permitting the hoarding or destruction of goods, or refusal to sell the
goods or to make them available for sale or to provide any service, if such
hoarding or destruction or refusal raises or tends to raise or is intended to raise,
the cost of those or other similar goods or services;
(vi) manufacturing of spurious goods or offering such goods for sale or
adopting deceptive practices in the provision of services;
(vii) not issuing bill or cash memo or receipt for the goods sold or services
rendered in such manner as may be prescribed;
(viii) refusing, after selling goods or rendering services, to take back or
withdraw defective goods or to withdraw or discontinue deficient services and
to refund the consideration thereof, if paid, within the period stipulated in the
bill or cash memo or receipt or in the absence of such stipulation, within a period
of thirty days;
(ix) disclosing to other person any personal information given in
confidence by the consumer unless such disclosure is made in accordance with
the provisions of any law for the time being in force.

CHAPTER II
CONSUMER PROTECTION COUNCILS
Central 3. (1) The Central Government shall, by notification, establish with effect from such
Consumer date as it may specify in that notification, the Central Consumer Protection Council to be
Protection
Council. known as the Central Council.
(2) The Central Council shall be an advisory council and consist of the following
members, namely:—
(a) the Minister-in-charge of the Department of Consumer Affairs in the Central
Government, who shall be the Chairperson; and
(b) such number of other official or non-official members representing such
interests as may be prescribed.
Procedure for 4. (1) The Central Council shall meet as and when necessary, but at least one meeting
meetings of of the Council shall be held every year.
Central
Council. (2) The Central Council shall meet at such time and place as the Chairperson may think
fit and shall observe such procedure in regard to the transaction of its business as may be
prescribed.
Objects of 5. The objects of the Central Council shall be to render advice on promotion and
Central protection of the consumers' rights under this Act.
Council.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

6. (1) Every State Government shall, by notification, establish with effect from such State
date as it may specify in such notification, a State Consumer Protection Council for such Consumer
State to be known as the State Council. Protection
Councils.
(2) The State Council shall be an advisory council and consist of the following members,
namely:—
(a) the Minister-in-charge of Consumer Affairs in the State Government who
shall be the Chairperson;
(b) such number of other official or non-official members representing such
interests as may be prescribed;
(c) such number of other official or non-official members, not exceeding ten, as
may be nominated by the Central Government.
(3) The State Council shall meet as and when necessary but not less than two meetings
shall be held every year.
(4) The State Council shall meet at such time and place as the Chairperson may think
fit and shall observe such procedure in regard to the transaction of its business, as may be
prescribed.
7. The objects of every State Council shall be to render advice on promotion and Objects of
protection of consumer rights under this Act within the State. State Council.

8. (1) The State Government shall, by notification, establish for every District with District
effect from such date as it may specify in such notification, a District Consumer Protection Consumer
Protection
Council to be known as the District Council. Council.
(2) The District Council shall be an advisory council and consist of the following
members, namely:—
(a) the Collector of the district (by whatever name called), who shall be the
Chairperson; and
(b) such number of other official and non-official members representing such
interests as may be prescribed.
(3) The District Council shall meet as and when necessary but not less than two
meetings shall be held every year.
(4) The District Council shall meet at such time and place within the district as the
Chairperson may think fit and shall observe such procedure in regard to the transaction of
its business as may be prescribed.
9. The objects of every District Council shall be to render advice on promotion and Objects of
District
protection of consumer rights under this Act within the district. Council.

CHAPTER III
CENTRAL CONSUMER PROTECTION AUTHORITY
10. (1) The Central Government shall, by notification, establish with effect from such Establishment
of Central
date as it may specify in that notification, a Central Consumer Protection Authority to be Consumer
known as the Central Authority to regulate matters relating to violation of rights of consumers, Protection
unfair trade practices and false or misleading advertisements which are prejudicial to the Authority.
interests of public and consumers and to promote, protect and enforce the rights of consumers
as a class.
(2) The Central Authority shall consist of a Chief Commissioner and such number of
other Commissioners as may be prescribed, to be appointed by the Central Government to
exercise the powers and discharge the functions under this Act.
 12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(3) The headquarters of the Central Authority shall be at such place in the National
Capital Region of Delhi, and it shall have regional and other offices in any other place in
India as the Central Government may decide.
Qualifications, 11. The Central Government may, by notification, make rules to provide for the
method of
recruitment,
qualifications for appointment, method of recruitment, procedure for appointment, term of
etc., of Chief office, salaries and allowances, resignation, removal and other terms and conditions of the
Commissioner service of the Chief Commissioner and Commissioners of the Central Authority.
and
Commissioners.

Vacancy, etc., 12. No act or proceeding of the Central Authority shall be invalid merely by reason of—
not to
invalidate (a) any vacancy in, or any defect in the constitution of, the Central Authority; or
proceedings
of Central (b) any defect in the appointment of a person acting as the Chief Commissioner
Authority. or as a Commissioner; or
(c) any irregularity in the procedure of the Central Authority not affecting the
merits of the case.
Appointment 13. (1) The Central Government shall provide the Central Authority such number of
of officers, officers and other employees as it considers necessary for the efficient performance of its
experts,
professionals functions under this Act.
and other
employees of
(2) The salaries and allowances payable to, and the other terms and conditions of
Central service of, the officers and other employees of the Central Authority appointed under this
Authority. Act shall be such as may be prescribed.
(3) The Central Authority may engage, in accordance with the procedure specified by
regulations, such number of experts and professionals of integrity and ability, who have
special knowledge and experience in the areas of consumer rights and welfare, consumer
policy, law, medicine, food safety, health, engineering, product safety, commerce, economics,
public affairs or administration, as it deems necessary to assist it in the discharge of its
functions under this Act.
Procedure of 14. (1) The Central Authority shall regulate the procedure for transaction of its business
Central and allocation of its business amongst the Chief Commissioner and Commissioners as may
Authority.
be specified by regulations.
(2) The Chief Commissioner shall have the powers of general superintendence, direction
and control in respect of all administrative matters of the Central Authority:
Provided that the Chief Commissioner may delegate such of his powers relating to
administrative matters of the Central Authority, as he may think fit, to any Commissioner
(including Commissioner of a regional office) or any other officer of the Central Authority.
Investigation 15. (1) The Central Authority shall have an Investigation Wing headed by a Director-
Wing. General for the purpose of conducting inquiry or investigation under this Act as may be
directed by the Central Authority.
(2) The Central Government may appoint a Director-General and such number of
Additional Director-General, Director, Joint Director, Deputy Director and Assistant Director,
from amongst persons who have experience in investigation and possess such qualifications,
in such manner, as may be prescribed.
(3) Every Additional Director-General, Director, Joint Director, Deputy Director and
Assistant Director shall exercise his powers, and discharge his functions, subject to the
general control, supervision and direction of the Director-General.
(4) The Director-General may delegate all or any of his powers to the Additional
Director-General or Director, Joint Director or Deputy Director or Assistant Director, as the
case may be, while conducting inquiries or investigations under this Act.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

(5) The inquiries or the investigations made by the Director- General shall be submitted
to the Central Authority in such form, in such manner and within such time, as may be
specified by regulations.
16. The District Collector (by whatever name called) may, on a complaint or on a Power of
reference made to him by the Central Authority or the Commissioner of a regional office, District
Collector.
inquire into or investigate complaints regarding violation of rights of consumers as a class,
on matters relating to violations of consumer rights, unfair trade practices and false or
misleading advertisements, within his jurisdiction and submit his report to the Central Authority
or to the Commissioner of a regional office, as the case may be.
17. A complaint relating to violation of consumer rights or unfair trade practices or Complaints to
false or misleading advertisements which are prejudicial to the interests of consumers as a authorities.
class, may be forwarded either in writing or in electronic mode, to any one of the authorities,
namely, the District Collector or the Commissioner of regional office or the Central Authority.
18. (1) The Central Authority shall— Powers and
functions of
(a) protect, promote and enforce the rights of consumers as a class, and prevent Central
violation of consumers rights under this Act; Authority.

(b) prevent unfair trade practices and ensure that no person engages himself in
unfair trade practices;
(c) ensure that no false or misleading advertisement is made of any goods or
services which contravenes the provisions of this Act or the rules or regulations made
thereunder;
(d) ensure that no person takes part in the publication of any advertisement
which is false or misleading.
(2) Without prejudice to the generality of the provisions contained in sub-section (1),
the Central Authority may, for any of the purposes aforesaid,—
(a) inquire or cause an inquiry or investigation to be made into violations of
consumer rights or unfair trade practices, either suo motu or on a complaint received or
on the directions from the Central Government;
(b) file complaints before the District Commission, the State Commission or the
National Commission, as the case may be, under this Act;
(c) intervene in any proceedings before the District Commission or the State
Commission or the National Commission, as the case may be, in respect of any allegation
of violation of consumer rights or unfair trade practices;
(d) review the matters relating to, and the factors inhibiting enjoyment of,
consumer rights, including safeguards provided for the protection of consumers under
any other law for the time being in force and recommend appropriate remedial measures
for their effective implementation;
(e) recommend adoption of international covenants and best international
practices on consumer rights to ensure effective enforcement of consumer rights;
(f) undertake and promote research in the field of consumer rights;
(g) spread and promote awareness on consumer rights;
(h) encourage non-Governmental organisations and other institutions working
in the field of consumer rights to co-operate and work with consumer protection
agencies;
(i) mandate the use of unique and universal goods identifiers in such goods, as
may be necessary, to prevent unfair trade practices and to protect consumers' interest;
 14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(j) issue safety notices to alert consumers against dangerous or hazardous or

unsafe goods or services;
(k) advise the Ministries and Departments of the Central and State Governments
on consumer welfare measures;
(l) issue necessary guidelines to prevent unfair trade practices and protect
consumers' interest.
Power of 19. (1) The Central Authority may, after receiving any information or complaint or
Central directions from the Central Government or of its own motion, conduct or cause to be conducted
Authority to
refer matter a preliminary inquiry as to whether there exists a prima facie case of violation of consumer
for rights or any unfair trade practice or any false or misleading advertisement, by any person,
investigation which is prejudicial to the public interest or to the interests of consumers and if it is satisfied
or to other that there exists a prima facie case, it shall cause investigation to be made by the Director-
Regulator.
General or by the District Collector.
(2) Where, after preliminary inquiry, the Central Authority is of the opinion that the
matter is to be dealt with by a Regulator established under any other law for the time being
in force, it may refer such matter to the concerned Regulator along with its report.
(3) For the purposes of investigation under sub-section (1), the Central Authority, the
Director General or the District Collector may call upon a person referred to in
sub-section (1) and also direct him to produce any document or record in his possession.
Power of 20. Where the Central Authority is satisfied on the basis of investigation that there is
Central sufficient evidence to show violation of consumer rights or unfair trade practice by a person,
Authority to
it may pass such order as may be necessary, including—
recall goods,
etc. (a) recalling of goods or withdrawal of services which are dangerous, hazardous
or unsafe;
(b) reimbursement of the prices of goods or services so recalled to purchasers of
such goods or services; and
(c) discontinuation of practices which are unfair and prejudicial to consumers'
interest:
Provided that the Central Authority shall give the person an opportunity of being
heard before passing an order under this section.
Power of 21. (1) Where the Central Authority is satisfied after investigation that any
Central advertisement is false or misleading and is prejudicial to the interest of any consumer or is in
Authority to contravention of consumer rights, it may, by order, issue directions to the concerned trader
issue
directions and or manufacturer or endorser or advertiser or publisher, as the case may be, to discontinue
penalties such advertisement or to modify the same in such manner and within such time as may be
against false specified in that order.
or misleading
advertisements.
(2) Notwithstanding the order passed under sub-section (1), if the Central Authority
is of the opinion that it is necessary to impose a penalty in respect of such false or misleading
advertisement, by a manufacturer or an endorser, it may, by order, impose on manufacturer or
endorser a penalty which may extend to ten lakh rupees:
Provided that the Central Authority may, for every subsequent contravention by a
manufacturer or endorser, impose a penalty, which may extend to fifty lakh rupees.
(3) Notwithstanding any order under sub-sections (1) and (2), where the Central
Authority deems it necessary, it may, by order, prohibit the endorser of a false or misleading
advertisement from making endorsement of any product or service for a period which may
extend to one year:
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

Provided that the Central Authority may, for every subsequent contravention, prohibit
such endorser from making endorsement in respect of any product or service for a period
which may extend to three years.
(4) Where the Central Authority is satisfied after investigation that any person is
found to publish, or is a party to the publication of, a misleading advertisement, it may
impose on such person a penalty which may extend to ten lakh rupees.
(5) No endorser shall be liable to a penalty under sub-sections (2) and (3) if he has
exercised due diligence to verify the veracity of the claims made in the advertisement regarding
the product or service being endorsed by him.
(6) No person shall be liable to such penalty if he proves that he had published or
arranged for the publication of such advertisement in the ordinary course of his business:
Provided that no such defence shall be available to such person if he had previous
knowledge of the order passed by the Central Authority for withdrawal or modification of
such advertisement.
(7) While determining the penalty under this section, regard shall be had to the
following, namely:—
(a) the population and the area impacted or affected by such offence;
(b) the frequency and duration of such offence;
(c) the vulnerability of the class of persons likely to be adversely affected by
such offence; and
(d) the gross revenue from the sales effected by virtue of such offence.
(8) The Central Authority shall give the person an opportunity of being heard before
an order under this section is passed.
22. (1) For the purpose of conducting an investigation after preliminary inquiry under Search and
sub-section (1) of section 19, the Director-General or any other officer authorised by him in seizure.
this behalf, or the District Collector, as the case may be, may, if he has any reason to believe
that any person has violated any consumer rights or committed unfair trade practice or
causes any false or misleading advertisement to be made, shall,—
(a) enter at any reasonable time into any such premises and search for any
document or record or article or any other form of evidence and seize such document,
record, article or such evidence;
(b) make a note or an inventory of such record or article; or
(c) require any person to produce any record, register or other document or
article.
2 of 1974. (2) The provisions of the Code of Criminal Procedure, 1973, relating to search and
seizure shall apply, as far as may be, for search and seizure under this Act.
(3) Every document, record or article seized under clause (a) of sub-section (1) or
produced under clause (c) of that sub-section shall be returned to the person, from whom
they were seized or who produced the same, within a period of twenty days of the date of
such seizure or production, as the case may be, after copies thereof or extracts therefrom
certified by that person, in such manner as may be prescribed, have been taken.
(4) Where any article seized under sub-section (1) are subject to speedy or natural
decay, the Director-General or such other officer may dispose of the article in such manner as
may be prescribed.
(5) In the case of articles other than the articles referred to in sub-section (4), provisions
contained in clause (c) of sub-section (2) of section 38 shall mutatis mutandis apply in
relation to analysis or tests.
 16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Designation 23. The Central Government may, if it considers necessary, by notification, designate
of any any statutory authority or body to exercise the powers and perform the functions of the
statutory
authority or
Central Authority referred to in section 10.
body to
function as
Central
Authority.

Appeal. 24. A person aggrieved by any order passed by the Central Authority under
sections 20 and 21 may file an appeal to the National Commission within a period of thirty
days from the date of receipt of such order.
Grants by 25. The Central Government may, after due appropriation made by Parliament by law in
Central this behalf, make to the Central Authority grants of such sums of money as that Government
Government.
may think fit for being utilised for the purposes of this Act.
Accounts and 26. (1) The Central Authority shall maintain proper accounts and other relevant records
audit. and prepare an annual statement of accounts in such form and manner as may be prescribed
in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Central Authority shall be audited by the Comptroller and
Auditor-General of India at such intervals as may be specified by him and any expenditure
incurred in connection with such audit shall be payable by the Central Authority to the
Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India or any other person appointed by
him in connection with the audit of the accounts of the Central Authority shall have the same
rights, privileges and authority in connection with such audit as the Comptroller and
Auditor-General of India generally has, in connection with the audit of the Government
accounts and, in particular, shall have the right to demand the production of books, accounts,
connected vouchers and other documents and papers and to inspect any of the offices of
the Central Authority.
(4) The accounts of the Central Authority as certified by the Comptroller and
Auditor-General of India or any other person appointed by him in this behalf together with
the audit report thereon shall be forwarded annually to the Central Government which shall
cause the same to be laid before each House of Parliament.
Furnishing of 27. (1) The Central Authority shall prepare once in every year, in such form, manner
annual and at such time as may be prescribed, an annual report giving full account of its activities
reports, etc.
during the previous year and such other reports and returns, as may be directed, and copies
of such report and returns shall be forwarded to the Central Government.
(2) A copy of the annual report received under sub-section (1) shall be laid, as soon as
may be after it is received, before each House of Parliament.

CHAPTER IV
CONSUMER DISPUTES REDRESSAL COMMISSION
Establishment 28. (1) The State Government shall, by notification, establish a District Consumer
of District Disputes Redressal Commission, to be known as the District Commission, in each district of
Consumer
Disputes the State:
Redressal
Commission.
Provided that the State Government may, if it deems fit, establish more than one
District Commission in a district.
(2) Each District Commission shall consist of—
(a) a President; and
(b) not less than two and not more than such number of members as may be
prescribed, in consultation with the Central Government.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17

29. The Central Government may, by notification, make rules to provide for the Qualifications,
qualifications, method of recruitment, procedure for appointment, term of office, resignation etc., of
President and
and removal of the President and members of the District Commission. members of
District
Commission.

30. The State Government may, by notification, make rules to provide for salaries and Salaries,
allowances and other terms and conditions of service of the President, and members of the allowances and
other terms
District Commission. and conditions
of service of
President and
members of
District
Commission.

31. Any person appointed as President or, as the case may be, a member of the District Transitional
Commission immediately before the commencement of this Act shall hold office as such as provision.
President or, as the case may be, as member till the completion of his term for which he has
been appointed.
32. If, at any time, there is a vacancy in the office of the President or member of a Vacancy in
District Commission, the State Government may, by notification, direct— office of
member of
(a) any other District Commission specified in that notification to exercise the District
Commission.
jurisdiction in respect of that district also; or
(b) the President or a member of any other District Commission specified in that
notification to exercise the powers and discharge the functions of the President or
member of that District Commission also.
33. (1) The State Government shall provide the District Commission with such officers Officers and
and other employees as may be required to assist the District Commission in the discharge other
of its functions. employees of
District
(2) The officers and other employees of the District Commission shall discharge their Commission.
functions under the general superintendence of the President of the District Commission.
(3) The salaries and allowances payable to, and the other terms and conditions of
service of, the officers and other employees of the District Commission shall be such as may
be prescribed.
34. (1) Subject to the other provisions of this Act, the District Commission shall have Jurisdiction of
jurisdiction to entertain complaints where the value of the goods or services paid as District
Commission.
consideration does not exceed one crore rupees:
Provided that where the Central Government deems it necessary so to do, it may
prescribe such other value, as it deems fit.
(2) A complaint shall be instituted in a District Commission within the local limits of
whose jurisdiction,—
(a) the opposite party or each of the opposite parties, where there are more than
one, at the time of the institution of the complaint, ordinarily resides or carries on
business or has a branch office or personally works for gain; or
(b) any of the opposite parties, where there are more than one, at the time of the
institution of the complaint, actually and voluntarily resides, or carries on business or
has a branch office, or personally works for gain, provided that in such case the
permission of the District Commission is given; or
(c) the cause of action, wholly or in part, arises; or
(d) the complainant resides or personally works for gain.
 18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(3) The District Commission shall ordinarily function in the district headquarters and
may perform its functions at such other place in the district, as the State Government may, in
consultation with the State Commission, notify in the Official Gazette from time to time.
Manner in 35. (1) A complaint, in relation to any goods sold or delivered or agreed to be sold or
which delivered or any service provided or agreed to be provided, may be filed with a District
complaint
shall be made. Commission by—
(a) the consumer,—
(i) to whom such goods are sold or delivered or agreed to be sold or
delivered or such service is provided or agreed to be provided; or
(ii) who alleges unfair trade practice in respect of such goods or service;
(b) any recognised consumer association, whether the consumer to whom such
goods are sold or delivered or agreed to be sold or delivered or such service is provided
or agreed to be provided, or who alleges unfair trade practice in respect of such goods
or service, is a member of such association or not;
(c) one or more consumers, where there are numerous consumers having the
same interest, with the permission of the District Commission, on behalf of, or for the
benefit of, all consumers so interested; or
(d) the Central Government, the Central Authority or the State Government, as
the case may be:
Provided that the complaint under this sub-section may be filed electronically in such
manner as may be prescribed.
Explanation.—For the purposes of this sub-section, "recognised consumer
association" means any voluntary consumer association registered under any law for the
time being in force.
(2) Every complaint filed under sub-section (1) shall be accompanied with such fee
and payable in such manner, including electronic form, as may be prescribed.
Proceedings 36. (1) Every proceeding before the District Commission shall be conducted by the
before President of that Commission and atleast one member thereof, sitting together:
District
Commission. Provided that where a member, for any reason, is unable to conduct a proceeding till it
is completed, the President and the other member shall continue the proceeding from the
stage at which it was last heard by the previous member.
(2) On receipt of a complaint made under section 35, the District Commission may, by
order, admit the complaint for being proceeded with or reject the same:
Provided that a complaint shall not be rejected under this section unless an opportunity
of being heard has been given to the complainant:
Provided further that the admissibility of the complaint shall ordinarily be decided
within twenty-one days from the date on which the complaint was filed.
(3) Where the District Commission does not decide the issue of admissibility of the
complaint within the period so specified, it shall be deemed to have been admitted.
Reference to 37. (1) At the first hearing of the complaint after its admission, or at any later stage, if
mediation. it appears to the District Commission that there exists elements of a settlement which may be
acceptable to the parties, except in such cases as may be prescribed, it may direct the parties
to give in writing, within five days, consent to have their dispute settled by mediation in
accordance with the provisions of Chapter V.
(2) Where the parties agree for settlement by mediation and give their consent in
writing, the District Commission shall, within five days of receipt of such consent, refer the
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19

matter for mediation, and in such case, the provisions of Chapter V, relating to mediation,
shall apply.
38. (1) The District Commission shall, on admission of a complaint, or in respect of Procedure on
cases referred for mediation on failure of settlement by mediation, proceed with such admission of
complaint.
complaint.
(2) Where the complaint relates to any goods, the District Commission shall,—
(a) refer a copy of the admitted complaint, within twenty-one days from the date
of its admission to the opposite party mentioned in the complaint directing him to give
his version of the case within a period of thirty days or such extended period not
exceeding fifteen days as may be granted by it;
(b) if the opposite party on receipt of a complaint referred to him under clause (a)
denies or disputes the allegations contained in the complaint, or omits or fails to take
any action to represent his case within the time given by the District Commission,
proceed to settle the consumer dispute in the manner specified in clauses (c) to (g);
(c) if the complaint alleges a defect in the goods which cannot be determined
without proper analysis or test of the goods, obtain a sample of the goods from the
complainant, seal it and authenticate it in the manner as may be prescribed and refer
the sample so sealed to the appropriate laboratory along with a direction that such
laboratory to make an analysis or test, whichever may be necessary, with a view to
finding out whether such goods suffer from any defect alleged in the complaint or
from any other defect and to report its findings thereon to the District Commission
within a period of forty-five days of the receipt of the reference or within such extended
period as may be granted by it;
(d) before any sample of the goods is referred to any appropriate laboratory
under clause (c), require the complainant to deposit to the credit of the Commission
such fees as may be specified, for payment to the appropriate laboratory for carrying
out the necessary analysis or test in relation to the goods in question;
(e) remit the amount deposited to its credit under clause (d) to the appropriate
laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on
receipt of the report from the appropriate laboratory, it shall forward a copy of the
report along with such remarks as it may feel appropriate to the opposite party;
(f) if any of the parties disputes the correctness of the findings of the appropriate
laboratory, or disputes the correctness of the methods of analysis or test adopted by
the appropriate laboratory, require the opposite party or the complainant to submit in
writing his objections with regard to the report made by the appropriate laboratory;
(g) give a reasonable opportunity to the complainant as well as the opposite
party of being heard as to the correctness or otherwise of the report made by the
appropriate laboratory and also as to the objection made in relation thereto under
clause (f) and issue an appropriate order under section 39.
(3) The District Commission shall, if the complaint admitted by it under sub-section (2)
of section 36 relates to goods in respect of which the procedure specified in sub-section (2)
cannot be followed, or if the complaint relates to any services,—
(a) refer a copy of such complaint to the opposite party directing him to give his
version of the case within a period of thirty days or such extended period not exceeding
fifteen days as may be granted by the District Commission;
(b) if the opposite party, on receipt of a copy of the complaint, referred to him
under clause (a) denies or disputes the allegations contained in the complaint, or
omits or fails to take any action to represent his case within the time given by the
District Commission, it shall proceed to settle the consumer dispute—
20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(i) on the basis of evidence brought to its notice by the complainant and
the opposite party, if the opposite party denies or disputes the allegations
contained in the complaint, or
(ii) ex parte on the basis of evidence brought to its notice by the
complainant, where the opposite party omits or fails to take any action to represent
his case within the time given by the Commission;
(c) decide the complaint on merits if the complainant fails to appear on the date
of hearing.
(4) For the purposes of sub-sections (2) and (3), the District Commission may, by
order, require an electronic service provider to provide such information, documents or
records, as may be specified in that order.
(5) No proceedings complying with the procedure laid down in sub-sections (1) and
(2) shall be called in question in any court on the ground that the principles of natural justice
have not been complied with.
(6) Every complaint shall be heard by the District Commission on the basis of affidavit
and documentary evidence placed on record:
Provided that where an application is made for hearing or for examination of parties in
person or through video conferencing, the District Commission may, on sufficient cause
being shown, and after recording its reasons in writing, allow the same.
(7) Every complaint shall be disposed of as expeditiously as possible and endeavour
shall be made to decide the complaint within a period of three months from the date of receipt
of notice by opposite party where the complaint does not require analysis or testing of
commodities and within five months if it requires analysis or testing of commodities:
Provided that no adjournment shall ordinarily be granted by the District Commission
unless sufficient cause is shown and the reasons for grant of adjournment have been recorded
in writing by the Commission:
Provided further that the District Commission shall make such orders as to the costs
occasioned by the adjournment as may be specified by regulations:
Provided also that in the event of a complaint being disposed of after the period so
specified, the District Commission shall record in writing, the reasons for the same at the time
of disposing of the said complaint.
(8) Where during the pendency of any proceeding before the District Commission, if
it appears necessary, it may pass such interim order as is just and proper in the facts and
circumstances of the case.
(9) For the purposes of this section, the District Commission shall have the same
powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a 5 of 1908.
suit in respect of the following matters, namely:—
(a) the summoning and enforcing the attendance of any defendant or witness
and examining the witness on oath;
(b) requiring the discovery and production of any document or other material
object as evidence;
(c) receiving of evidence on affidavits;
(d) the requisitioning of the report of the concerned analysis or test from the
appropriate laboratory or from any other relevant source;
(e) issuing of commissions for the examination of any witness, or document;
and
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21

(f) any other matter which may be prescribed by the Central Government.
(10) Every proceeding before the District Commission shall be deemed to be a judicial
45 of 1860. proceeding within the meaning of sections 193 and 228 of the Indian Penal Code, and the
District Commission shall be deemed to be a criminal court for the purposes of section 195
2 of 1974. and Chapter XXVI of the Code of Criminal Procedure, 1973.
(11) Where the complainant is a consumer referred to in sub-clause (v) of clause (5) of
section 2, the provisions of Order I Rule 8 of the First Schedule to the Code of Civil Procedure,
5 of 1908. 1908 shall apply subject to the modification that every reference therein to a suit or decree
shall be construed as a reference to a complaint or the order of the District Commission
thereon.
(12) In the event of death of a complainant who is a consumer or of the opposite party
against whom the complaint has been filed, the provisions of Order XXII of the First Schedule
5 of 1908. to the Code of Civil Procedure, 1908 shall apply subject to the modification that every
reference therein to the plaintiff and the defendant shall be construed as reference to a
complainant or the opposite party, as the case may be.
39. (1) Where the District Commission is satisfied that the goods complained against Findings of
suffer from any of the defects specified in the complaint or that any of the allegations District
Commission.
contained in the complaint about the services or any unfair trade practices, or claims for
compensation under product liability are proved, it shall issue an order to the opposite party
directing him to do one or more of the following, namely:—
(a) to remove the defect pointed out by the appropriate laboratory from the
goods in question;
(b) to replace the goods with new goods of similar description which shall be
free from any defect;
(c) to return to the complainant the price, or, as the case may be, the charges paid
by the complainant along with such interest on such price or charges as may be
decided;
(d) to pay such amount as may be awarded by it as compensation to the consumer
for any loss or injury suffered by the consumer due to the negligence of the opposite
party:
Provided that the District Commission shall have the power to grant punitive
damages in such circumstances as it deems fit;
(e) to pay such amount as may be awarded by it as compensation in a product
liability action under Chapter VI;
(f) to remove the defects in goods or deficiencies in the services in question;
(g) to discontinue the unfair trade practice or restrictive trade practice and not to
repeat them;
(h) not to offer the hazardous or unsafe goods for sale;
(i) to withdraw the hazardous goods from being offered for sale;
(j) to cease manufacture of hazardous goods and to desist from offering services
which are hazardous in nature;
(k) to pay such sum as may be determined by it, if it is of the opinion that loss or
injury has been suffered by a large number of consumers who are not identifiable
conveniently:
Provided that the minimum amount of sum so payable shall not be less than
twenty-five per cent. of the value of such defective goods sold or service provided, as
the case may be, to such consumers;
 22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(l) to issue corrective advertisement to neutralise the effect of misleading

advertisement at the cost of the opposite party responsible for issuing such misleading
advertisement;
(m) to provide for adequate costs to parties; and
(n) to cease and desist from issuing any misleading advertisement.
(2) Any amount obtained under sub-section (1) shall be credited to such fund and
utilised in such manner as may be prescribed.
(3) In any proceeding conducted by the President and a member and if they differ on
any point or points, they shall state the point or points on which they differ and refer the
same to another member for hearing on such point or points and the opinion of the majority
shall be the order of the District Commission:
Provided that the other member shall give his opinion on such point or points referred
to him within a period of one month from the date of such reference.
(4) Every order made by the District Commission under sub-section (1) shall be signed
by the President and the member who conducted the proceeding:
Provided that where the order is made as per majority opinion under sub-section (3),
such order shall also be signed by the other member.
Review by 40. The District Commission shall have the power to review any of the order passed
District by it if there is an error apparent on the face of the record, either of its own motion or on an
Commission
application made by any of the parties within thirty days of such order.
in certain
cases.

Appeal 41. Any person aggrieved by an order made by the District Commission may prefer an
against order appeal against such order to the State Commission on the grounds of facts or law within a
of District period of forty-five days from the date of the order, in such form and manner, as may be
Commission.
prescribed:
Provided that the State Commission may entertain an appeal after the expiry of the said
period of forty-five days, if it is satisfied that there was sufficient cause for not filing it within
that period:
Provided further that no appeal by a person, who is required to pay any amount in
terms of an order of the District Commission, shall be entertained by the State Commission
unless the appellant has deposited fifty per cent. of that amount in the manner as may be
prescribed:
Provided also that no appeal shall lie from any order passed under sub-section (1) of
section 81 by the District Commission pursuant to a settlement by mediation under
section 80.
Establishment 42. (1) The State Government shall, by notification, establish a State Consumer
of State Disputes Redressal Commission, to be known as the State Commission, in the State.
Consumer
Disputes (2) The State Commission shall ordinarily function at the State capital and perform its
Redressal functions at such other places as the State Government may in consultation with the State
Commission.
Commission notify in the Official Gazette:
Provided that the State Government may, by notification, establish regional benches
of the State Commission, at such places, as it deems fit.
(3) Each State Commission shall consist of—
(a) a President; and
(b) not less than four or not more than such number of members as may be
prescribed in consultation with the Central Government.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23

43. The Central Government may, by notification, make rules to provide for the Qualifications,
qualification for appointment, method of recruitment, procedure of appointment, term of etc., of
President and
office, resignation and removal of the President and members of the State Commission. members of
State
Commission.
44. The State Government may, by notification, make rules to provide for salaries and Salaries,
allowances and other terms and conditions of service of the President and members of the allowances and
State Commission. other terms
and conditions
of service of
President and
members of
State
Commission.

45. Any person appointed as President or, as the case may be, a member of the State Transitional
Commission immediately before the commencement of this Act shall hold office as such, as provision.
President or member, as the case may be, till the completion of his term.
46. (1) The State Government shall determine the nature and categories of the officers Officers and
and other employees required to assist the State Commission in the discharge of its functions employees of
State
and provide the Commission with such officers and other employees as it may think fit. Commission.
(2) The officers and other employees of the State Commission shall discharge their
functions under the general superintendence of the President.
(3) The salaries and allowances payable to and the other terms and conditions of
service of, the officers and other employees of the State Commission shall be such as may be
prescribed.
47. (1) Subject to the other provisions of this Act, the State Commission shall have Jurisdiction of
jurisdiction— State
Commission.
(a) to entertain—
(i) complaints where the value of the goods or services paid as
consideration, exceeds rupees one crore, but does not exceed rupees ten crore:
Provided that where the Central Government deems it necessary so to do,
it may prescribe such other value, as it deems fit;
(ii) complaints against unfair contracts, where the value of goods or
services paid as consideration does not exceed ten crore rupees;
(iii) appeals against the orders of any District Commission within the
State; and
(b) to call for the records and pass appropriate orders in any consumer dispute
which is pending before or has been decided by any District Commission within the
State, where it appears to the State Commission that such District Commission has
exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so
vested or has acted in exercise of its jurisdiction illegally or with material irregularity.
(2) The jurisdiction, powers and authority of the State Commission may be exercised
by Benches thereof, and a Bench may be constituted by the President with one or more
members as the President may deem fit:
Provided that the senior-most member shall preside over the Bench.
(3) Where the members of a Bench differ in opinion on any point, the points shall be
decided according to the opinion of the majority, if there is a majority, but if the members are
equally divided, they shall state the point or points on which they differ, and make a reference
to the President who shall either hear the point or points himself or refer the case for hearing
on such point or points by one or more of the other members and such point or points shall
 24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

be decided according to the opinion of the majority of the members who have heard the case,
including those who first heard it:
Provided that the President or the other members, as the case may be, shall give
opinion on the point or points so referred within a period of one month from the date of such
reference.
(4) A complaint shall be instituted in a State Commission within the limits of whose
jurisdiction,—
(a) the opposite party or each of the opposite parties, where there are more than
one, at the time of the institution of the complaint, ordinarily resides or carries on
business or has a branch office or personally works for gain; or
(b) any of the opposite parties, where there are more than one, at the time of the
institution of the complaint, actually and voluntarily resides, or carries on business or
has a branch office or personally works for gain, provided in such case, the permission
of the State Commission is given; or
(c) the cause of action, wholly or in part, arises; or
(d) the complainant resides or personally works for gain.
Transfer of 48. On the application of the complainant or of its own motion, the State Commission
cases. may, at any stage of the proceeding, transfer any complaint pending before a District
Commission to another District Commission within the State if the interest of justice so
requires.
Procedure 49. (1) The provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall,
applicable to with such modifications as may be necessary, be applicable to the disposal of complaints by
State
Commission.
the State Commission.
(2) Without prejudice to the provisions of sub-section (1), the State Commission may
also declare any terms of contract, which is unfair to any consumer, to be null and void.
Review by 50. The State Commission shall have the power to review any of the order passed by
State it if there is an error apparent on the face of the record, either of its own motion or on an
Commission in
certain cases.
application made by any of the parties within thirty days of such order.

Appeal to 51. (1) Any person aggrieved by an order made by the State Commission in exercise of
National its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 47
Commission.
may prefer an appeal against such order to the National Commission within a period of thirty
days from the date of the order in such form and manner as may be prescribed:
Provided that the National Commission shall not entertain the appeal after the expiry
of the said period of thirty days unless it is satisfied that there was sufficient cause for not
filing it within that period:
Provided further that no appeal by a person, who is required to pay any amount in
terms of an order of the State Commission, shall be entertained by the National Commission
unless the appellant has deposited fifty per cent. of that amount in the manner as may be
prescribed.
(2) Save as otherwise expressly provided under this Act or by any other law for the
time being in force, an appeal shall lie to the National Commission from any order passed in
appeal by any State Commission, if the National Commission is satisfied that the case
involves a substantial question of law.
(3) In an appeal involving a question of law, the memorandum of appeal shall precisely
state the substantial question of law involved in the appeal.
(4) Where the National Commission is satisfied that a substantial question of law is
involved in any case, it shall formulate that question and hear the appeal on that question:
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25

Provided that nothing in this sub-section shall be deemed to take away or abridge the
power of the National Commission to hear, for reasons to be recorded in writing, the appeal
on any other substantial question of law, if it is satisfied that the case involves such question
of law.
(5) An appeal may lie to the National Commission under this section from an order
passed ex parte by the State Commission.
52. An appeal filed before the State Commission or the National Commission, as the Hearing of
case may be, shall be heard as expeditiously as possible and every endeavour shall be made appeal.
to dispose of the appeal within a period of ninety days from the date of its admission:
Provided that no adjournment shall ordinarily be granted by the State Commission or
the National Commission, as the case may be, unless sufficient cause is shown and the
reasons for grant of adjournment have been recorded in writing by such Commission:
Provided further that the State Commission or the National Commission, as the case
may be, shall make such orders as to the costs occasioned by the adjournment, as may be
specified by regulations:
Provided also that in the event of an appeal being disposed of after the period so
specified, the State Commission or the National Commission, as the case may be, shall
record in writing the reasons for the same at the time of disposing of the said appeal.
53. (1) The Central Government shall, by notification, establish a National Consumer Establishment
Disputes Redressal Commission, to be known as the National Commission. of National
Consumer
(2) The National Commission shall ordinarily function at the National Capital Region Disputes
and perform its functions at such other places as the Central Government may in consultation Redressal
Commission.
with the National Commission notify in the Official Gazette:
Provided that the Central Government may, by notification, establish regional Benches
of the National Commission, at such places, as it deems fit.
54. The National Commission shall consist of— Composition
of National
(a) a President; and Commission.

(b) not less than four and not more than such number of members as may be
prescribed.
55. (1) The Central Government may, by notification, make rules to provide for Qualifications,
qualifications, appointment, term of office, salaries and allowances, resignation, removal etc., of
President and
and other terms and conditions of service of the President and members of the National
members of
Commission: National
Commission.
Provided that the President and members of the National Commission shall hold office
for such term as specified in the rules made by the Central Government but not exceeding
five years from the date on which he enters upon his office and shall be eligible for
re-appointment:
Provided further that no President or members shall hold office as such after he has
attained such age as specified in the rules made by the Central Government which shall not
exceed,—
(a) in the case of the President, the age of seventy years;
(b) in the case of any other member, the age of sixty-seven years.
(2) Neither the salary and allowances nor the other terms and conditions of service of
President and members of the National Commission shall be varied to his disadvantage after
his appointment.
 26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Transitional 56. The President and every other member appointed immediately before the
provision. commencement of section 177 of the Finance Act, 2017 shall continue to be governed by the 7 of 2017.
provisions of the Consumer Protection Act, 1986 and the rules made thereunder as if this Act 68 of 1986.
had not come into force.
Other officers 57. (1) The Central Government shall provide, in consultation with the President of the
and National Commission, such number of officers and other employees to assist the National
employees of
National
Commission in the discharge of its functions as it may think fit.
Commission.
(2) The officers and other employees of the National Commission shall discharge their
functions under the general superintendence of the President of the National Commission.
(3) The salaries and allowances payable to, and the other terms and conditions of
service of, the officers and other employees of the National Commission shall be such as
may be prescribed.
Jurisdiction of 58. (1) Subject to the other provisions of this Act, the National Commission shall have
National jurisdiction—
Commission.
(a) to entertain—
(i) complaints where the value of the goods or services paid as
consideration exceeds rupees ten crore:
Provided that where the Central Government deems it necessary so to do,
it may prescribe such other value, as it deems fit;
(ii) complaints against unfair contracts, where the value of goods or
services paid as consideration exceeds ten crore rupees;
(iii) appeals against the orders of any State Commission;
(iv) appeals against the orders of the Central Authority; and
(b) to call for the records and pass appropriate orders in any consumer dispute
which is pending before or has been decided by any State Commission where it
appears to the National Commission that such State Commission has exercised a
jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or
has acted in the exercise of its jurisdiction illegally or with material irregularity.
(2) The jurisdiction, powers and authority of the National Commission may be exercised
by Benches thereof and a Bench may be constituted by the President with one or more
members as he may deem fit:
Provided that the senior-most member of the Bench shall preside over the Bench.
(3) Where the members of a Bench differ in opinion on any point, the points shall be
decided according to the opinion of the majority, if there is a majority, but if the members are
equally divided, they shall state the point or points on which they differ, and make a reference
to the President who shall either hear the point or points himself or refer the case for hearing
on such point or points by one or more of the other members and such point or points shall
be decided according to the opinion of the majority of the members who have heard the case,
including those who first heard it:
Provided that the President or the other member, as the case may be, shall give opinion
on the point or points so referred within a period of two months from the date of such
reference.

Procedure 59. (1) The provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall,
applicable to with such modifications as may be considered necessary, be applicable to the disposal of
National complaints by the National Commission.
Commission.
(2) Without prejudice to sub-section (1), the National Commission may also declare
any terms of contract, which is unfair to any consumer to be null and void.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27

60. The National Commission shall have the power to review any of the order passed Review by
National
by it if there is an error apparent on the face of the record, either of its own motion or on an Commission in
application made by any of the parties within thirty days of such order. certain cases.

61. Where an order is passed by the National Commission ex parte, the aggrieved Power to set
party may make an application to the Commission for setting aside such order. aside ex parte
orders.

62. On the application of the complainant or of its own motion, the National Commission Transfer of
may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending cases.
before the District Commission of one State to a District Commission of another State or
before one State Commission to another State Commission.
63. When the office of President of the National Commission is vacant or a person Vacancy in
occupying such office is, by reason of absence or otherwise, unable to perform the duties of office of
President of
his office, these shall be performed by the senior-most member of the National Commission: National
Provided that where a retired Judge of a High Court or a person who has been a Commission.
Judicial Member is a member of the National Commission, such member or where the number
of such members is more than one, the senior-most person amongst such members, shall
preside over the National Commission in the absence of President of that Commission.
64. No act or proceeding of the District Commission, the State Commission or the Vacancies or
National Commission shall be invalid by reason only of the existence of any vacancy amongst defects in
appointment
its members or any defect in the constitution thereof. not to
invalidate
orders.

65. (1) All notices, required by this Act to be served, shall be served by delivering or Service of
transmitting a copy thereof by registered post acknowledgment due addressed to opposite notice, etc.
party against whom complaint is made or to the complainant by speed post or by such
courier service, approved by the District Commission, the State Commission or the National
Commission, as the case may be, or by any other mode of transmission of documents
including electronic means.
(2) Without prejudice to the provisions contained in sub-section (1), the notice required
by this Act may be served on an electronic service provider at the address provided by it on
the electronic platform from where it provides its services as such and for this purpose, the
electronic service provider shall designate a nodal officer to accept and process such notices.

(3) When an acknowledgment or any other receipt purporting to be signed by the

opposite party or his agent or, as the case may be, by the complainant is received by the
District Commission, the State Commission or the National Commission, as the case may be,
or postal article containing the notice is received back by such District Commission, State
Commission or the National Commission, with an endorsement purporting to have been
made by a postal employee or by any person authorised by the courier service to the effect
that the opposite party or his agent or complainant had refused to take delivery of the postal
article containing the notice or had refused to accept the notice by any other means specified
in sub-section (1) when tendered or transmitted to him, the District Commission or the State
Commission or the National Commission, as the case may be, shall declare that the notice
has been duly served on the opposite party or to the complainant, as the case may be:
Provided that where the notice was properly addressed, pre-paid and duly sent by
registered post acknowledgment due, a declaration referred to in this sub-section shall be
made notwithstanding the fact that the acknowledgment has been lost or misplaced, or for
any other reason, has not been received by the District Commission, the State Commission
or the National Commission, as the case may be, within thirty days from the date of issue of
notice.
 28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(4) All notices required to be served on an opposite party or to complainant, as the

case may be, shall be deemed to be sufficiently served, if addressed in the case of the
opposite party, to the place where business or profession is carried on, and in case of the
complainant, the place where such person actually and voluntarily resides.
Experts to 66. Where the National Commission or the State Commission, as the case may be, on
assist an application by a complainant or otherwise, is of the opinion that it involves the larger
National
Commission interest of consumers, it may direct any individual or organisation or expert to assist the
or State National Commission or the State Commission, as the case may be.
Commission.

Appeal against 67. Any person, aggrieved by an order made by the National Commission in exercise
order of
National
of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 58,
Commission. may prefer an appeal against such order to the Supreme Court within a period of thirty days
from the date of the order:
Provided that the Supreme Court may entertain an appeal after the expiry of the said
period of thirty days if it is satisfied that there was sufficient cause for not filing it within that
period:
Provided further that no appeal by a person who is required to pay any amount in
terms of an order of the National Commission shall be entertained by the Supreme Court
unless that person has deposited fifty per cent. of that amount in the manner as may be
prescribed.
Finality of 68. Every order of a District Commission or the State Commission or the National
orders. Commission, as the case may be, shall, if no appeal has been preferred against such order
under the provisions of this Act, be final.
Limitation 69. (1) The District Commission, the State Commission or the National Commission
period. shall not admit a complaint unless it is filed within two years from the date on which the
cause of action has arisen.
(2) Notwithstanding anything contained in sub-section (1), a complaint may be
entertained after the period specified in sub-section (1), if the complainant satisfies the
District Commission, the State Commission or the National Commission, as the case may be,
that he had sufficient cause for not filing the complaint within such period:
Provided that no such complaint shall be entertained unless the District Commission
or the State Commission or the National Commission, as the case may be, records its reasons
for condoning such delay.
Administrative 70. (1) The National Commission shall have the authority to lay down such adequate
control. standards in consultation with the Central Government from time to time, for better protection
of the interests of consumers and for that purpose, shall have administrative control over all
the State Commissions in the following matters, namely:—
(a) monitoring performance of the State Commissions in terms of their disposal
by calling for periodical returns regarding the institution, disposal and pendency of
cases;
(b) investigating into any allegations against the President and members of a
State Commission and submitting inquiry report to the State Government concerned
along with copy endorsed to the Central Government for necessary action;
(c) issuance of instructions regarding adoption of uniform procedure in the
hearing of matters, prior service of copies of documents produced by one party to the
opposite parties, furnishing of english translation of judgments written in any language,
speedy grant of copies of documents;
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29

(d) overseeing the functioning of the State Commission or the District

Commission either by way of inspection or by any other means, as the National
Commission may like to order from time to time, to ensure that the objects and purposes
of the Act are best served and the standards set by the National Commission are
implemented without interfering with their quasi-judicial freedom.
(2) There shall be a monitoring cell to be constituted by the President of the National
Commission to oversee the functioning of the State Commissions from the administrative
point of view.
(3) The State Commission shall have administrative control over all the District
Commissions within its jurisdiction in all matters referred to in sub-section (1).
(4) The National Commission and the State Commissions shall furnish to the Central
Government periodically or as and when required, any information including the pendency
of cases in such form and manner as may be prescribed.
(5) The State Commission shall furnish, periodically or as and when required to the
State Government any information including pendency of cases in such form and manner as
may be prescribed.
71. Every order made by a District Commission, State Commission or the National Enforcement
Commission shall be enforced by it in the same manner as if it were a decree made by a Court of orders of
District
in a suit before it and the provisions of Order XXI of the First Schedule to the Code of Civil
Commission,
5 of 1908. Procedure, 1908 shall, as far as may be, applicable, subject to the modification that every State
reference therein to the decree shall be construed as reference to the order made under this Commission
Act. and National
Commission.

72. (1) Whoever fails to comply with any order made by the District Commission or the Penalty for
State Commission or the National Commission, as the case may be, shall be punishable with non-
compliance of
imprisonment for a term which shall not be less than one month, but which may extend to
order.
three years, or with fine, which shall not be less than twenty-five thousand rupees, but
which may extend to one lakh rupees, or with both.
2 of 1974. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the
District Commission, the State Commission or the National Commission, as the case may be,
shall have the power of a Judicial Magistrate of first class for the trial of offences under
sub-section (1), and on conferment of such powers, the District Commission or the State
Commission or the National Commission, as the case may be, shall be deemed to be a Judicial
Magistrate of first class for the purposes of the Code of Criminal Procedure, 1973.
(3) Save as otherwise provided, the offences under sub-section (1) shall be tried
summarily by the District Commission or the State Commission or the National Commission,
as the case may be.
2 of 1974. 73. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, Appeal against
where an order is passed under sub-section (1) of section 72, an appeal shall lie, both on order passed
under section 72.
facts and on law from—
(a) the order made by the District Commission to the State Commission;
(b) the order made by the State Commission to the National Commission; and
(c) the order made by the National Commission to the Supreme Court.
(2) Except as provided in sub-section (1), no appeal shall lie before any court, from
any order of a District Commission or a State Commission or the National Commission, as the
case may be.
(3) Every appeal under this section shall be preferred within a period of thirty days
from the date of order of a District Commission or a State Commission or the National
Commission, as the case may be:
 30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Provided that the State Commission or the National Commission or the Supreme Court,
as the case may be, may entertain an appeal after the expiry of the said period of thirty days,
if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the
said period of thirty days.

CHAPTER V
MEDIATION
Establishment 74. (1) The State Government shall establish, by notification, a consumer mediation
of consumer cell to be attached to each of the District Commissions and the State Commissions of that
mediation
cell.
State.
(2) The Central Government shall establish, by notification, a consumer mediation cell
to be attached to the National Commission and each of the regional Benches.
(3) A consumer mediation cell shall consist of such persons as may be prescribed.
(4) Every consumer mediation cell shall maintain—
(a) a list of empanelled mediators;
(b) a list of cases handled by the cell;
(c) record of proceeding; and
(d) any other information as may be specified by regulations.
(5) Every consumer mediation cell shall submit a quarterly report to the District
Commission, State Commission or the National Commission to which it is attached, in the
manner specified by regulations.
Empanelment 75. (1) For the purpose of mediation, the National Commission or the State Commission
of mediators. or the District Commission, as the case may be, shall prepare a panel of the mediators to be
maintained by the consumer mediation cell attached to it, on the recommendation of a
selection committee consisting of the President and a member of that Commission.
(2) The qualifications and experience required for empanelment as mediator, the
procedure for empanelment, the manner of training empanelled mediators, the fee payable to
empanelled mediator, the terms and conditions for empanelment, the code of conduct for
empanelled mediators, the grounds on which, and the manner in which, empanelled mediators
shall be removed or empanelment shall be cancelled and other matters relating thereto, shall
be such as may be specified by regulations.
(3) The panel of mediators prepared under sub-section (1) shall be valid for a period of
five years, and the empanelled mediators shall be eligible to be considered for re-empanelment
for another term, subject to such conditions as may be specified by regulations.
Nomination of 76. The District Commission, the State Commission or the National Commission shall,
mediators while nominating any person from the panel of mediators referred to in section 75, consider
from panel.
his suitability for resolving the consumer dispute involved.
Duty of 77. It shall be the duty of the mediator to disclose—
mediator to
(a) any personal, professional or financial interest in the outcome of the consumer
disclose
certain facts. dispute;
(b) the circumstances which may give rise to a justifiable doubt as to his
independence or impartiality; and
(c) such other facts as may be specified by regulations.
Replacement 78. Where the District Commission or the State Commission or the National
of mediator Commission, as the case may be, is satisfied, on the information furnished by the mediator or
in certain
on the information received from any other person including parties to the complaint and
cases.
after hearing the mediator, it shall replace such mediator by another mediator.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 31

79. (1) The mediation shall be held in the consumer mediation cell attached to the Procedure for
District Commission, the State Commission or the National Commission, as the case may be. mediation.

(2) Where a consumer dispute is referred for mediation by the District Commission or
the State Commission or the National Commission, as the case may be, the mediator nominated
by such Commission shall have regard to the rights and obligations of the parties, the
usages of trade, if any, the circumstances giving rise to the consumer dispute and such other
relevant factors, as he may deem necessary and shall be guided by the principles of natural
justice while carrying out mediation.
(3) The mediator so nominated shall conduct mediation within such time and in such
manner as may be specified by regulations.
80. (1) Pursuant to mediation, if an agreement is reached between the parties with Settlement
respect to all of the issues involved in the consumer dispute or with respect to only some of through
the issues, the terms of such agreement shall be reduced to writing accordingly, and signed mediation.
by the parties to such dispute or their authorised representatives.
(2) The mediator shall prepare a settlement report of the settlement and forward the
signed agreement along with such report to the concerned Commission.
(3) Where no agreement is reached between the parties within the specified time or the
mediator is of the opinion that settlement is not possible, he shall prepare his report
accordingly and submit the same to the concerned Commission.
81. (1) The District Commission or the State Commission or the National Commission, Recording
as the case may be, shall, within seven days of the receipt of the settlement report, pass settlement and
passing of
suitable order recording such settlement of consumer dispute and dispose of the matter order.
accordingly.
(2) Where the consumer dispute is settled only in part, the District Commission or the
State Commission or the National Commission, as the case may be, shall record settlement of
the issues which have been so settled and continue to hear other issues involved in such
consumer dispute.
(3) Where the consumer dispute could not be settled by mediation, the District
Commission or the State Commission or the National Commission, as the case may be, shall
continue to hear all the issues involved in such consumer dispute.

CHAPTER VI
PRODUCT LIABILITY
82. This Chapter shall apply to every claim for compensation under a product liability Application of
action by a complainant for any harm caused by a defective product manufactured by a Chapter.
product manufacturer or serviced by a product service provider or sold by a product seller.
83. A product liability action may be brought by a complainant against a product Product
manufacturer or a product service provider or a product seller, as the case may be, for any liability
action.
harm caused to him on account of a defective product.
84. (1) A product manufacturer shall be liable in a product liability action, if— Liability of
product
(a) the product contains a manufacturing defect; or manufacturer.

(b) the product is defective in design; or

(c) there is a deviation from manufacturing specifications; or
(d) the product does not conform to the express warranty; or
(e) the product fails to contain adequate instructions of correct usage to prevent
any harm or any warning regarding improper or incorrect usage.
 32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(2) A product manufacturer shall be liable in a product liability action even if he proves
that he was not negligent or fraudulent in making the express warranty of a product.
Liability of 85. A product service provider shall be liable in a product liability action, if—
product
service (a) the service provided by him was faulty or imperfect or deficient or inadequate
provider. in quality, nature or manner of performance which is required to be provided by or
under any law for the time being in force, or pursuant to any contract or otherwise; or
(b) there was an act of omission or commission or negligence or conscious
withholding any information which caused harm; or
(c) the service provider did not issue adequate instructions or warnings to
prevent any harm; or
(d) the service did not conform to express warranty or the terms and conditions
of the contract.
Liability of 86. A product seller who is not a product manufacturer shall be liable in a product
product sellers. liability action, if—
(a) he has exercised substantial control over the designing, testing,
manufacturing, packaging or labelling of a product that caused harm; or
(b) he has altered or modified the product and such alteration or modification
was the substantial factor in causing the harm; or
(c) he has made an express warranty of a product independent of any express
warranty made by a manufacturer and such product failed to conform to the express
warranty made by the product seller which caused the harm; or
(d) the product has been sold by him and the identity of product manufacturer
of such product is not known, or if known, the service of notice or process or warrant
cannot be effected on him or he is not subject to the law which is in force in India or the
order, if any, passed or to be passed cannot be enforced against him; or
(e) he failed to exercise reasonable care in assembling, inspecting or maintaining
such product or he did not pass on the warnings or instructions of the product
manufacturer regarding the dangers involved or proper usage of the product while
selling such product and such failure was the proximate cause of the harm.
Exceptions to 87. (1) A product liability action cannot be brought against the product seller if, at the
product time of harm, the product was misused, altered, or modified.
liability
action. (2) In any product liability action based on the failure to provide adequate warnings or
instructions, the product manufacturer shall not be liable, if—
(a) the product was purchased by an employer for use at the workplace and the
product manufacturer had provided warnings or instructions to such employer;
(b) the product was sold as a component or material to be used in another
product and necessary warnings or instructions were given by the product manufacturer
to the purchaser of such component or material, but the harm was caused to the
complainant by use of the end product in which such component or material was
used;
(c) the product was one which was legally meant to be used or dispensed only
by or under the supervision of an expert or a class of experts and the product
manufacturer had employed reasonable means to give the warnings or instructions for
usage of such product to such expert or class of experts; or
(d) the complainant, while using such product, was under the influence of alcohol
or any prescription drug which had not been prescribed by a medical practitioner.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 33

(3) A product manufacturer shall not be liable for failure to instruct or warn about a
danger which is obvious or commonly known to the user or consumer of such product or
which, such user or consumer, ought to have known, taking into account the characteristics
of such product.

CHAPTER VII
OFFENCES AND PENALTIES

88. Whoever, fails to comply with any direction of the Central Authority under Penalty for
sections 20 and 21, shall be punished with imprisonment for a term which may extend to six non-
compliance of
months or with fine which may extend to twenty lakh rupees, or with both. direction of
Central
Authority.

89. Any manufacturer or service provider who causes a false or misleading Punishment
advertisement to be made which is prejudicial to the interest of consumers shall be punished for false or
misleading
with imprisonment for a term which may extend to two years and with fine which may extend advertisement.
to ten lakh rupees; and for every subsequent offence, be punished with imprisonment for a
term which may extend to five years and with fine which may extend to fifty lakh rupees.
90. (1) Whoever, by himself or by any other person on his behalf, manufactures for Punishment
sale or stores or sells or distributes or imports any product containing an adulterant shall be for
manufacturing
punished, if such act— for sale or
storing, selling
(a) does not result in any injury to the consumer, with imprisonment for a term or distributing
which may extend to six months and with fine which may extend to one lakh rupees; or importing
products
(b) causing injury not amounting to grievous hurt to the consumer, with containing
imprisonment for a term which may extend to one year and with fine which may extend adulterant.
to three lakh rupees;
(c) causing injury resulting in grievous hurt to the consumer, with imprisonment
for a term which may extend to seven years and with fine which may extend to five lakh
rupees; and
(d) results in the death of a consumer, with imprisonment for a term which shall
not be less than seven years, but which may extend to imprisonment for life and with
fine which shall not be less than ten lakh rupees.
(2) The offences under clauses (c) and (d) of sub-section (1) shall be cognizable and
non-bailable.
(3) Notwithstanding the punishment under sub-section (1), the court may, in case of
first conviction, suspend any licence issued to the person referred to in that sub-section,
under any law for the time being in force, for a period up to two years, and in case of second
or subsequent conviction, cancel the licence.
Explanation.—For the purposes of this section,—
(a) "adulterant" means any material including extraneous matter which is
employed or used for making a product unsafe;
(b) "grievous hurt" shall have the same meaning as assigned to it in section 320
45 of 1860. of the Indian Penal Code.
91. (1) Whoever, by himself or by any other person on his behalf, manufactures for Punishment
sale or stores or sells or distributes or imports any spurious goods shall be punished, if such for
manufacturing
act— for sale or for
(a) causing injury not amounting to grievous hurt to the consumer, with storing or
selling or
imprisonment for a term which may extend to one year and with fine which may extend distributing or
to three lakh rupees; importing
spurious goods.
 34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) causing injury resulting in grievous hurt to the consumer, with imprisonment
for a term which may extend to seven years and with fine which may extend to five lakh
rupees;
(c) results in the death of a consumer, with imprisonment for a term which shall
not be less than seven years, but may extend to imprisonment for life and with fine
which shall not be less than ten lakh rupees.
(2) The offences under clauses (b) and (c) of sub-section (1) shall be cognizable and
non-bailable.
(3) Notwithstanding the punishment under sub-section (1), the court may, in case of
first conviction, suspend any licence issued to the person referred to in that sub-section,
under any law for the time being in force, for a period up to two years, and in case of second
or subsequent conviction, cancel the licence.
Cognizance of 92. No cognizance shall be taken by a competent court of any offence under sections 88
offence by and 89 except on a complaint filed by the Central Authority or any officer authorised by it in
court.
this behalf.
Vexatious 93. The Director General or any other officer, exercising powers under section 22, who
search. knows that there are no reasonable grounds for so doing, and yet—
(a) searches, or causes to be searched any premises; or
(b) seizes any record, register or other document or article,
shall, for every such offence, be punished with imprisonment for a term which may extend to
one year, or with fine which may extend to ten thousand rupees or with both.

CHAPTER VIII
MISCELLANEOUS
Measures to 94. For the purposes of preventing unfair trade practices in e-commerce, direct selling
prevent unfair and also to protect the interest and rights of consumers, the Central Government may take
trade
practices in
such measures in the manner as may be prescribed.
e-commerce,
direct selling,
etc.
Presidents, 95. The Presidents and members of the District Commission, the State Commission
members,
and the National Commission, and officers and other employees thereof, the Chief
Chief
Commissioner, Commissioner and the Commissioner of the Central Authority, the Director General, the
Commissioner Additional Director General, the Director, the Joint Director, the Deputy Director and the
and certain Assistant Director and all other officers and employees of the Central Authority and other
officers to be
persons performing any duty under this Act, while acting or purporting to act in pursuance
public
servants. of any of the provisions of this Act, shall be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code. 45 of 1860.

Compounding 96. (1) Any offence punishable under sections 88 and 89, may, either before or after
of offences. the institution of the prosecution, be compounded, on payment of such amount as may be
prescribed:
Provided that no compounding of such offence shall be made without the leave of the
court before which a complaint has been filed under section 92:
Provided further that such sum shall not, in any case, exceed the maximum amount of
the fine, which may be imposed under this Act for the offence so compounded.
(2) The Central Authority or any officer as may be specially authorised by him in this
behalf, may compound offences under sub-section (1).
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 35

(3) Nothing in sub-section (1) shall apply to person who commits the same or similar
offence, within a period of three years from the date on which the first offence, committed by
him, was compounded.
Explanation.—For the purposes of this sub-section, any second or subsequent offence
committed after the expiry of a period of three years from the date on which the offence was
previously compounded, shall be deemed to be a first offence.
(4) Where an offence has been compounded under sub-section (1), no proceeding or
further proceeding, as the case may be, shall be taken against the offender in respect of the
offence so compounded.
(5) The acceptance of the sum of money for compounding an offence in accordance
with sub-section (1) by the Central Authority or an officer of the Central Authority empowered
in this behalf shall be deemed to amount to an acquittal within the meaning of the Code of
2 of 1974. Criminal Procedure, 1973.
97. The penalty collected under section 21 and the amount collected under section 96 Manner of
crediting
shall be credited to such fund as may be prescribed. penalty.
98. No suit, prosecution or other legal proceeding shall lie against the Presidents and Protection of
members of the District Commission, the State Commission and the National Commission, action taken
in good faith.
the Chief Commissioner, the Commissioner, any officer or employee and other person
performing any duty under this Act, for any act which is in good faith done or intended to be
done in pursuance of this Act or under any rule or order made thereunder.
99. (1) Without prejudice to the foregoing provisions of this Act, the Central Authority, Power to give
shall, in exercise of its powers or the performance of its functions under this Act, be bound directions by
by such directions on questions of policy, as the Central Government may give in writing to Central
Government.
it from time to time:
Provided that the Central Authority shall, as far as practicable, be given an opportunity
to express its views before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not
shall be final.
100. The provisions of this Act shall be in addition to and not in derogation of the Act not in
provisions of any other law for the time being in force. derogation of
any other law.

101. (1) The Central Government may, by notification, make rules for carrying out any Power of
of the provisions contained in this Act. Central
Government
(2) Without prejudice to the generality of the foregoing power, such rules may provide to make rules.
for, —
(a) the other class or classes of persons including public utility entities under
clause (19) of section 2;
(b) the contest, lottery, game of chance or skill which are to be exempted under
item (b) of sub-clause (iii) of clause (47) of section 2;
(c) the manner of issuing bill or cash memo or receipt for goods sold or services
rendered under sub-clause (vii) of clause (47) of section 2;
(d) the number of other official or non-official members of the Central Council
under clause (b) of sub-section (2) of section 3;
(e) the time and place of meeting of Central Council and the procedure for the
transaction of its business under sub-section (2) of section 4;
(f) the number of Commissioners in the Central Authority under sub-section (2)
of section 10;
36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(g) the qualifications for appointment, method of recruitment, procedure of

appointment, term of office, salaries and allowances, resignation, removal and other
terms and conditions of service of the Chief Commissioner and other Commissioners
of the Central Authority under section 11;
(h) the salaries and allowances payable to, and the other terms and conditions
of service of, the officers and other employees of the Central Authority under
sub-section (2) of section 13;
(i) the qualifications for appointment of Director General, Additional Director
General, Director, Joint Director, Deputy Director and Assistant Director and the manner
of appointment under sub-section (2) of section 15;
(j) the manner of taking copies or extracts of document, record or article seized or
produced before returning to the person under sub-section (3) of section 22;
(k) the officer and the manner of disposing of articles which are subject to
speedy or natural decay under sub-section (4) of section 22;
(l) the form and manner for preparing annual statement of accounts by the
Central Authority in consultation with the Comptroller and Auditor-General of India
under sub-section (1) of section 26;
(m) the form in which, and the time within which, an annual report, other reports
and returns may be prepared by the Central Authority under sub-section (1) of
section 27;
(n) the qualifications for appointment, method of recruitment, procedure for
appointment, term of office, resignation and removal of President and members of the
District Commission under section 29;
(o) the other value of goods and services in respect of which the District
Commission shall have jurisdiction to entertain complaints under proviso to
sub-section (1) of section 34;
(p) the manner of electronically filing complaint under the proviso to sub-section (1)
of section 35;
(q) the fee, electronic form and the manner of payment of fee for filing complaint
under sub-section (2) of section 35;
(r) the cases which may not be referred for settlement by mediation under
sub-section (1) of section 37;
(s) the manner of authentication of goods sampled in case of the National
Commission under clause (c) of sub-section (2) of section 38;
(t) any other matter which may be prescribed under clause (f) of sub-section (9)
of section 38;
(u) the fund where the amount obtained may be credited and the manner of
utilisation of such amount under sub-section (2) of section 39;
(v) the form and the manner in which appeal may be preferred to the State
Commission under section 41;
(w) the qualifications for appointment, method of recruitment, procedure for
appointment, term of office, resignation and removal of the President and members of
the State Commission under section 43;
(x) the other value of goods and services in respect of which the State Commission
shall have jurisdiction under the proviso to sub-clause (i) of clause (a) of sub-section (1)
of section 47;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 37

(y) the form and manner of filing appeal to the National Commission, and the
manner of depositing fifty per cent. of the amount before filing appeal, under
sub-section (1) of section 51;
(z) the number of members of the National Commission under clause (b) of
section 54;
(za) the qualifications, appointment, term of office, salaries and allowances,
resignation, removal and other terms and conditions of service of the President and
members of the National Commission under sub-section (1) of section 55;
(zb) the salaries and allowances payable to, and other terms and conditions of
service of, the officers and other employees of the National Commission under
sub-section (3) of section 57;
(zc) the other value of goods and services in respect of which the National
Commission shall have jurisdiction under the proviso to sub-clause (i) of clause (a) of
sub-section (1) of section 58;
(zd) the manner of depositing fifty per cent. of the amount under the second
proviso to section 67;
(ze) the form in which the National Commission and the State Commission shall
furnish information to the Central Government under sub-section (4) of section 70;
(zf) the persons in the consumer mediation cell under sub-section (3) of
section 74;
(zg) the measures to be taken by the Central Government to prevent unfair trade
practices in e-commerce, direct selling under section 94;
(zh) the amount for compounding offences under sub-section (1) of section 96;
(zi) the fund to which the penalty and amount collected shall be credited under
section 97; and
(zj) any other matter which is to be, or may be, prescribed, or in respect of which
provisions are to be, or may be, made by rules.
102. (1) The State Governments may, by notification, make rules for carrying out the Power of
provisions of this Act: State
Government
Provided that the Central Government may, frame model rules in respect of all or any of to make rules.
the matters with respect to which the State Government may make rules under this section,
and where any such model rules have been framed in respect of any such matter, they shall
apply to the State until the rules in respect of that matter is made by the State Government
and while making any such rules, so far as is practicable, they shall conform to such model
rules.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the other class or classes of persons including public utility entities under
clause (19) of section 2;
(b) the contest, lottery, game of chance or skill which are to be exempted under
item (b) of sub-clause (iii) of clause (47) of section 2;
(c) the number of other official or non-official members of the State Council
under clause (b) of sub-section (2) of section 6;
(d) the time and place of meeting of the State Council and the procedure for the
transaction of its business under sub-section (4) of section 6;
(e) the number of other official and non-official members of District Council
under clause (b) of sub-section (2) of section 8;
(f) the time and place of meeting of the District Council and procedure for the
transaction of its business under sub-section (4) of section 8;
 38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(g) the number of members of the District Commission under clause (b) of
sub-section (2) of section 28;
(h) the salaries and allowances payable to, and other terms and conditions of
service of, the President and members of the District Commission under section 30;
(i) the salaries and allowances payable to, and other terms and conditions of
service of, the officers and other employees of the District Commission under
sub-section (3) of section 33;
(j) the manner of authentication of goods sampled by the State Commission and
the District Commission under clause (c) of sub-section (2) of section 38;
(k) the manner of depositing fifty per cent. of the amount before filing appeal
under second proviso to section 41;
(l) the number of members of the State Commission under sub-section (3) of
section 42;
(m) the salaries and allowances payable to, and other terms and conditions of
service of, the President and members of the State Commission under section 44;
(n) the salaries and allowances payable to, and other terms and conditions of
service of, the officers and other employees of the State Commission under
sub-section (3) of section 46;
(o) the form in which the State Commission shall furnish information to the State
Government under sub-section (5) of section 70;
(p) the persons in the consumer mediation cell under sub-section (3) of
section 74;
(q) any other matter which is to be, or may be prescribed, or in respect of which
provisions are to be, or may be, made by rules.
Power of 103. (1) The National Commission may, with the previous approval of the Central
National Government, by notification, make regulations not inconsistent with this Act to provide for
Commission
to make all matters for which provision is necessary or expedient for the purpose of giving effect to
regulations. the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
regulations may make provisions for—
(a) the costs for adjournment to be imposed by the District Commission under
the second proviso to sub-section (7) of section 38;
(b) the costs for adjournment to be imposed by the State Commission or the
National Commission, as the case may be, under the second proviso to section 52;
(c) the maintenance of any other information by the consumer mediation cell
under sub-section (4) of section 74;
(d) the manner of submission of quarterly report by consumer mediation cell to
the District Commission, the State Commission or the National Commission under
sub-section (5) of section 74;
(e) the qualifications and experience required for empanelment as mediator, the
procedure for empanelment, the manner of training empanelled mediators, the fee
payable to empanelled mediator, the terms and conditions for empanelment, the code
of conduct for empanelled mediators, the grounds on which, and the manner in which,
empanelled mediators shall be removed or empanelment shall be cancelled and the
other matters relating thereto under sub-section (2) of section 75;
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 39

(f) the conditions for re-empanelment of mediators for another term under
sub-section (3) of section 75;

(g) the other facts to be disclosed by mediators under clause (c) of section 77;

(h) the time within which, and the manner in which, mediation may be conducted
under sub-section (3) of section 79; and

(i) such other matter for which provision is to be, or may be, made by regulation.

104. (1) The Central Authority may, with the previous approval of the Central Power of
Government, by notification, make regulations not inconsistent with this Act, for the purpose Central
Authority to
of giving effect to the provisions of this Act. make
regulations.
(2) In particular, and without prejudice to the generality of the foregoing power, such
regulations may provide for all or any of the following matters, namely:—

(a) the procedure for engaging experts and professionals and the number of
such experts and professionals under sub-section (3) of section 13;

(b) the procedure for transaction of business and the allocation of business of
the Chief Commissioner and Commissioner under sub-section (1) of section 14;

(c) the form, manner and time within which, inquiries or investigation made by
the Director-General shall be submitted to the Central Authority under sub-section (5)
of section 15; and

(d) such other matter for which provision is to be, or may be, made by regulation.

105. (1) Every rule and every regulation made under this Act shall be laid, as soon as Rules and
may be after it is made, before each House of Parliament, while it is in session, for a total regulations to
be laid before
period of thirty days which may be comprised in one session or in two or more successive each House of
sessions, and if, before the expiry of the session immediately following the session or the Parliament.
successive sessions aforesaid, both Houses agree in making any modification in the rule or
regulation or both Houses agree that the rule or regulation shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule or regulation.

(2) Every rule made by a State Government under this Act shall be laid as soon as may
be after it is made, before the State Legislature.

106. If any difficulty arises in giving effect to the provisions of this Act, the Central Power to
Government may, by order in the Official Gazette, make such provisions not inconsistent remove
difficulties.
with the provisions of this Act as appear to it to be necessary or expedient for removing the
difficulty:

Provided that no such order shall be made after the expiry of a period of two years
from the commencement of this Act.
68 of 1986. 107. (1) The Consumer Protection Act, 1986 is hereby repealed. Repeal and
savings.
(2) Notwithstanding such repeal, anything done or any action taken or purported to
have been done or taken under the Act hereby repealed shall, in so far as it is not inconsistent
with the provisions of this Act, be deemed to have been done or taken under the corresponding
provisions of this Act.
 40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

(3) The mention of particular matters in sub-section (2) shall not be held to prejudice
or affect the general application of section 6 of the General Clauses Act, 1897 with regard to 10 of 1897.
the effect of repeal.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. BANSHI Digitally signed by
BANSHI DHAR DUBEY
DHAR Date: 2019.08.09
23:38:11 +05'30'
DUBEY

MGIPMRND—2606GI(S3)—09-08-2019.
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 55] ubZ fnYyh] 'kqØ okj] vxLr 9] 2019@ Jko.k 18] 1941 ¼'kd½
No. 55] NEW DELHI, FRIDAY, AUGUST 9, 2019/SHRAVANA 18, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 9th August, 2019/Shravana 18, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
9th August, 2019, and is hereby published for general information:—

THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED

OCCUPANTS) AMENDMENT ACT, 2019
NO. 36 OF 2019
[9th August, 2019.]
An Act further to amend the Public Premises (Eviction of Unauthorised
Occupants) Act, 1971.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
1. (1) This Act may be called the Public Premises (Eviction of Unauthorised Occupants) Short title and
Amendment Act, 2019. commencement.

(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
40 of 1971. 2. In the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter Amendment of
referred to as the principal Act), in section 2, clause (fa) and clause (fb) shall be renumbered section 2.
as clause (fb) and (fc) respectively, and before clause (fb) as so renumbered, the following
clause shall be inserted, namely:—
'(fa) "residential accommodation occupation" in relation to any public premises
means occupation by any person on grant of licence to him to occupy such premises
on the basis of an order of allotment for a fixed tenure or for a period he holds office, in
accordance with the rules and instructions issued in this regard, made under the
authority of the Central Government, a State Government, a Union territory
Administration or a statutory authority, as the case may be;'.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

Insertion of 3. In the principal Act, after section 3A, the following section shall be inserted, namely:—
new section
3B.

Eviction from "3B. (1) Notwithstanding anything contained in section 4 or section 5, if the
residential estate officer has information that any person, who was granted residential
accommodation.
accommodation occupation, is in unauthorised occupation of the said residential
accommodation, he shall—
(a) forthwith issue notice in writing calling upon such person to show
cause within a period of three working days why an order of eviction should not
be made;
(b) cause the notice to be served by having it affixed on the outer door or
some other conspicuous part of the said residential accommodation, and in
such other manner as may be prescribed, whereupon the notice shall be deemed
to have been served upon such person.
(2) The estate officer shall, after considering the cause, if any, shown by the
person on whom the notice is served under sub-section (1) and after making such
inquiry as it deems expedient in the circumstances of the case, for reasons to be
recorded in writing, make an order of eviction of such person.
(3) If the person in unauthorised occupation refuses or fails to comply with the
order of eviction referred to in sub-section (2), the estate officer may evict such
person from the residential accommodation and take possession thereof and may, for
that purpose, use such force as may be necessary.".
Amendment 4. In section 7 of the principal Act, after sub-section (3), the following sub-section
of section 7. shall be inserted, namely:—
"(3A) If the person in unauthorised occupation of residential accommodation
challenges the eviction order passed by the estate officer under sub-section (2) of
section 3B in any court, he shall pay damages for every month for the residential
accommodation held by him.".

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. Digitally signed
BANSHI by BANSHI
DHAR DHAR DUBEY
Date: 2019.08.09
DUBEY 23:36:04 +05'30'
MGIPMRND—2608GI(S3)—09-08-2019.
jftLVªh laö Mhö,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 2985] ubZ fnYyh] c`gLifrokj] flrEcj 12] 2019@Hkkæ 21] 1941
No. 2985] NEW DELHI, THURSDAY, SEPTEMBER 12, 2019/BHADRA 21, 1941

आवासन
आवासन और शहरी िवकास मंालय
(संपदा िनदेशालय)

अिधसूचना
नई दली, 12 िसत बर, 2019
का.आ.
का.आ. 3262(अ)
3262(अ).
(अ).—के ीय सरकार, सरकारी थान (अािधकृ त अिधभोिगय क! बेदखली) संशोधन अिधिनयम,
2019 (2019 का 36) क! धारा 1 क! उपधारा (2) /ारा द0 शि1य का योग करते 2ए, 15 िसत बर, 2019 को उस
तारीख के 4प म5 िनयत करती है, िजसको उ1 अिधिनयम वृ0 होगा ।
[फा. सं. 21013/7/2004-नीित1 (खंड-5)]

के . संजय मू=त>, अपर सिचव

MINISTRY OF HOUSING AND URBAN AFFAIRS

(DIRECTORATE OF ESTATES)
NOTIFICATION
New Delhi, the 12th September, 2019
S.O. 3262(E).—In exercise of the powers conferred by sub-section (2) of section 1 of the Public
Premises (Eviction of Unauthorised Occupants) Amendment Act, 2019 (36 of 2019), the Central Government
hereby appoints the 15th day of September, 2019 as the date on which the said Act shall come into force.
[F. No. 21013/7/2004-Pol.I (Vol.-V)]
K. SANJAY MURTHY, Addl. Secy.

4721 GI/2019
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. MANOJ Digitally signed
by MANOJ
KUMAR KUMAR VERMA
Date: 2019.09.12
VERMA 22:25:16 +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 56] ubZ fnYyh] 'kqØ okj] vxLr 9] 2019@ Jko.k 18] 1941 ¼'kd½
No. 56] NEW DELHI, FRIDAY, AUGUST 9, 2019/SHRAVANA 18, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 9th August, 2019/Shravana 18, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
9th August, 2019, and is hereby published for general information:—

THE SUPREME COURT (NUMBER OF JUDGES)

AMENDMENT ACT, 2019
NO. 37 OF 2019
[9th August, 2019.]
An Act further to amend the Supreme Court (Number of Judges) Act,1956.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
1. This Act may be called the Supreme Court (Number of Judges) Amendment Short title.
Act, 2019.
55 of 1956. 2. In section 2 of the Supreme Court (Number of Judges) Act, 1956, for the word Amendment
"thirty", the word "thirty-three" shall be substituted. of section 2.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Digitally signed
BANSHI by BANSHI DHAR
DHAR DUBEY
Date: 2019.08.09
DUBEY
MGIPMRND—2607GI(S3)—09-08-2019. 23:40:04 +05'30'
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 4] ubZ fnYyh] 'kfuokj] tuojh 12] 2019@ ikS"k 22] 1940 ¼'kd½
No. 4] NEW DELHI, SATURDAY, JANUARY 12, 2019/PAUSHA 22, 1940 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
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MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 12th January, 2019/Pausha 22, 1940 (Saka)

NO. 1 OF 2019
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110 002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110 054.
MANOJ Digitally signed by
MANOJ KUMAR
Date: 2019.01.12
KUMAR 19:43:28 +05'30'

MGIPMRND—3229GI(S3)—12-01-2019.
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 5] ubZ fnYyh] 'kfuokj] tuojh 12] 2019@ ikS"k 22] 1940 ¼'kd½
No. 5] NEW DELHI, SATURDAY, JANUARY 12, 2019/PAUSHA 22, 1940 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 12th January, 2019/Pausha 22, 1940 (Saka)

NO. 2 OF 2019
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Short title and

commencement.

Amendment of
102 of 1956.
section 3A.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110 002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110 054.
MANOJ Digitally signed by
MANOJ KUMAR

MGIPMRND—3230GI(S3)—12-01-2019. KUMAR
Date: 2019.01.12
19:40:17 +05'30'
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

la ñ 6] ubZ fnYyh] 'kfuokj] tuojh 12] 2019@ ikS"k 22] 1940 ¼'kd½
No. 6] NEW DELHI, SATURDAY, JANUARY 12, 2019/PAUSHA 22, 1940 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 12th January, 2019/Pausha 22, 1940 (Saka)

THE COMPANIES (AMENDMENT) ORDINANCE, 2019

NO. 3 OF 2019

Promulgated by the President in the Sixty-ninth Year of the

Republic of India.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110 002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110 054.
MANOJ Digitally signed by
MANOJ KUMAR
Date: 2019.01.12
KUMAR 19:46:18 +05'30'

MGIPMRND—3231GI(S3)—12-01-2019.
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 10] ubZ fnYyh] c`gLifrokj] Qjojh 21] 2019@QkYxqu 2] 1940 ¼'kd½
No. 10] NEW DELHI, THURSDAY, FEBRUARY 21, 2019/PHALGUNA 2, 1940 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
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2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC 1]

and

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. BANSHI Digitally signed by
BANSHI DHAR
DHAR DUBEY
Date: 2019.02.21

DUBEY 18:13:17 +05'30'

MGIPMRND—3949GI—21-02-2019.
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vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 11] ubZ fnYyh] c`gLifrokj] Qjojh 21] 2019@QkYxqu 2] 1940 ¼'kd½
No. 11] NEW DELHI, THURSDAY, FEBRUARY 21, 2019/PHALGUNA 2, 1940 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. BANSHI Digitally signed
by BANSHI
DHAR DHAR DUBEY
Date: 2019.02.21
DUBEY 18:17:32 +05'30'

MGIPMRND—3950GI—21-02-2019.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
1 0 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
1 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
BANSHI Digitally signed
by BANSHI DHAR
DHAR DUBEY
Date: 2019.02.22
MGIPMRND—3951GI—21-02-2019. DUBEY 10:58:38 +05'30'
BANSHI Digitally signed by
BANSHI DHAR
DHAR DUBEY
Date: 2019.02.21
DUBEY 19:25:00 +05'30'
BANSHI Digitally signed
by BANSHI DHAR
DHAR DUBEY
Date: 2019.02.28
DUBEY 15:23:07 +05'30'
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 17] ubZ fnYyh] 'kq Ø okj] ekpZ 01] 2019@QkYxqu 10] 1940 ¼'kd½
No. 17] NEW DELHI, FRIDAY, MARCH 01, 2019/PHALGUNA 10, 1940 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
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(Legislative Department)
New Delhi, the 1st March, 2019/Phalguna 10, 1940 (Saka)
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—3992GI(S3)—01-03-2019. BANSHI
DHAR
Digitally signed
by BANSHI
DHAR DUBEY
Date: 2019.03.01
DUBEY 21:59:15 +05'30'
BANSHI Digitally signed
by BANSHI DHAR
DHAR DUBEY
Date: 2019.03.03
DUBEY 01:38:21 +05'30'
 Digitally signed
BANSHI by BANSHI DHAR
DHAR DUBEY
Date: 2019.03.05
DUBEY 12:10:11 +05'30'
BANSHI Digitally signed
by BANSHI
DHAR DHAR DUBEY
Date: 2019.03.03
DUBEY 00:05:06 +05'30'
BANSHI Digitally signed
by BANSHI DHAR
DHAR DUBEY
Date: 2019.03.03
DUBEY 00:08:22 +05'30'
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 22] ubZ fnYyh] c`gLifrokj] ekpZ 07] 2019@ QkYxqu 16] 1940 ¼'kd½
No. 22] NEW DELHI, THURSDAY, MARCH 07, 2019/PHALGUNA 16, 1940 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
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MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 7th March, 2019/Phalguna 16, 1940 (Saka)
THE CENTRAL EDUCATIONAL INSTITUTIONS (RESERVATION
IN TEACHERS’ CADRE) ORDINANCE, 2019
No. 13 of 2019
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

RAM NATH KOVIND,

President.

————

DR . G. NARAYANA RAJU,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. BANSHI Digitally signed
by BANSHI DHAR
DHAR DUBEY
Date: 2019.03.08
DUBEY
MGIPMRND—4000GI(CRC)—07-03-2019. 10:30:52 +05'30'
 Digitally signed
BANSHI by BANSHI DHAR
DHAR DUBEY
Date: 2019.09.18
DUBEY 23:53:34 +05'30'
 Digitally signed by
BANSHI DHAR BANSHI DHAR DUBEY
Date: 2019.09.20 15:40:57
DUBEY +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 61] ubZ fnYyh] c`gLifrokj] flrEcj 26] 2019@ vkf'ou 4] 1941 ¼'kd½
No. 61] NEW DELHI, THURSDAY, SEPTEMBER 26, 2019/ASVINA 4, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
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UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Digitally signed by
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DHAR DUBEY

MGIPMRND—2779GI(CRC)—27-09-2019. DUBEY
Date: 2019.09.27
18:35:52 +05'30'
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)0 4/0007/2003— 19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 23] ubZ fnYyh] 'kqØokj] vizSy 05] 2019@ pS= 15] 1941 ¼'kd½
No. 23] NEW DELHI, FRIDAY, APRIL 05, 2019/CHAITRA 15, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 5th April, 2019/Chaitra 15, 1941 (Saka)

————

THE DAMAN AND DIU CIVIL COURTS (AMENDMENT)

REGULATION, 2019
NO. 1 OF 2019

Promulgated by the President in the SeventiethYear of the Republic of India.

A Regulation further to amend the Goa, Daman and Diu Civil Courts Act, 1965 as in
force in the Union territory of Daman and Diu.
In exercise of the powers conferred by clause (1) of article 240 of the Constitution, the
President is pleased to promulgate the following Regulation made by him:—
1. (1) This Regulation may be called the Daman and Diu Civil Courts (Amendment) Short title and
Regulation, 2019. commence-
ment.
(2) It shall come into force at once.
16 of 1965. 2. In the Goa, Daman and Diu Civil Courts Act, 1965 (hereinafter referred to as the Amendment
principal Act), in section 20, in sub-section (4), for the words "one lakh rupees", the words o f
section 20.
"five lakh rupees" shall be substituted.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]

Amendment 3. In the proviso to section 22 of the principal Act, for the words "one lakh rupees", the
of
words "ten lakh rupees" shall be substituted.
section 22.
Amendment 4. In section 24 of the principal Act, in sub-section (1), in the proviso,—
of
section 24. (i) for the words "three thousand rupees", the words "twelve thousand rupees"
shall be substituted;
(ii) for the words "one thousand five hundred rupees", the words "six thousand
rupees" shall be substituted.
Amendment of 5. In section 25 of the principal Act, in sub-section (2), in the proviso, for the words
section 25. "one lakh rupees", the words "ten lakh rupees" shall be substituted.
Insertion of 6. After section 25 of the principal Act, the following shall be inserted, namely:—
new section
25A.

Transfer of "25A. On the commencement of the Daman and Diu Civil Courts (Amendment)
pending suits Regulation, 2019,—
and appeals.
(1) all suits in which the amount or value of the subject matter does not
exceed five lakhs rupees and which are pending before the court of Civil Judge
(Senior Division), immediately before such commencement, shall stand transferred
to the concerned court of Civil Judge (Junior Division) and such court may deal
with such suit from the stage which was reached before such transfer or from
any earlier stage or de novo as such court may deem fit;
(2) all appeals in which the amount or value of the subject matter does not
exceed ten lakhs rupees and pending before the High Court immediately before
such commencement, shall stand transferred to the concerned District Court
and such District Court may deal with such appeal from the stage which was
reached before such transfer or from any earlier stage or de novo as such court
may deem fit:
Provided that nothing in this section shall apply to suits and appeals
which are pending before the court of Civil Judge (Senior Division) or as the
case may be, before the High Court, which are statutorily provided under the
relevant enactment before such court.".

RAM NATH KOVIND,

President.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.
Digitally signed by
BANSHI BANSHI DHAR DUBEY
DHAR DUBEY Date: 2019.04.05
23:34:58 +05'30'

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

MGIPMRND—15GI(S3)—05-04-2019.
 jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)0 4/0007/2003— 19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 24] ubZ fnYyh] 'kqØokj] vizSy 05] 2019@ pS= 15] 1941 ¼'kd½
No. 24] NEW DELHI, FRIDAY, APRIL 05, 2019/CHAITRA 15, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 5th April, 2019/Chaitra 15, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
10th January, 2019, and is hereby published for general information:—

THE DADRA AND NAGAR HAVELI (CIVIL COURTS AND

MISCELLANEOUS PROVISIONS) AMENDMENT
REGULATION, 2019
NO. 2 OF 2019

Promulgated by the President in the Seventieth Year of the Republic of India.

A Regulation further to amend the Dadra and Nagar Haveli (Civil Courts and
Miscellaneous Provisions) Regulation, 1963.
In exercise of the powers conferred by clause (1) of article 240 of the Constitution, the
President is pleased to promulgate the following Regulation made by him:—
1. (1) This Regulation may be called the Dadra and Nagar Haveli (Civil Courts and Short title and
Miscellaneous Provisions) Amendment Regulation, 2019. commencement.

(2) It shall come into force at once.

Regulation 8 2. In the Dadra and Nagar Haveli (Civil Courts and Miscellaneous Provisions) Regulation, Amendment of
of 1963. 1963 (hereinafter referred to as the principal Regulation), in section 5, in sub-section (2),in section 5.
clause (b), for the words "one lakh rupees", the words "five lakh rupees" shall be substituted.
3. In section 6 of the principal Regulation, in sub-section (2),in clause (a), for the Amendment of
words "one lakh rupees", the words "ten lakh rupees" shall be substituted. section 6.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]

Amendment of 4. In section 7 of the principal Regulation, in sub-section (1), —

section 7.
(i) for the words "three thousand rupees", the words "twelve thousand rupees"
shall be substituted;
(ii) for the words "one thousand and five hundred rupees", the words "six
thousand rupees" shall be substituted.
Insertion of 5. After section 13 of the principal Regulation, the following shall be inserted,
new section namely: —
13A.

Transfer of "13A. On the commencement of the Dadra and Nagar Haveli (Civil Courts and
pending suits Miscellaneous Provisions) Amendment Regulation, 2019,—
and appeals.
(1) all suits in which the amount or value of the subject matter does not
exceed five lakhs rupees and which are pending before the court of Civil Judge
(Senior Division), immediately before such commencement, shall stand transferred
to the concerned court of Civil Judge (Junior Division) and such court may deal
with such suit from the stage which was reached before such transfer or from
any earlier stage or de novo as such court may deem fit;
(2) all appeals in which the amount or value of the subject matter does not
exceed ten lakhs rupees and pending before the High Court immediately before
such commencement, shall stand transferred to the concerned District Court
and such District Court may deal with such appeal from the stage which was
reached before such transfer or from any earlier stage or de novo as such court
may deem fit:
Provided that nothing in this section shall apply to suits and appeals
which are pending before the court of Civil Judge (Senior Division) or as the
case may be, before the High Court, which are statutorily provided under the
relevant enactment before such court.".

RAM NATH KOVIND,

President.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

Digitally signed by
BANSHI BANSHI DHAR DUBEY
DHAR DUBEY Date: 2019.04.05
23:31:49 +05'30'

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

MGIPMRND—16GI(S3)—5-04-2019.
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19

vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY

lañ 25] ubZ fnYyh] eaxyokj] vizSy 09] 2019@ pS= 19] 1941 ¼'kd½
No. 25] NEW DELHI, TUESDAY, APRIL 09, 2019/CHAITRA 19, 1941 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 9th April, 2019/Chaitra 19, 1941 (Saka)

CORRIGENDA
THE DAMAN AND DIU CIVIL COURTS (AMENDMENT) REGULATION, 2019
NO. 1 OF 2019
In the DAMAN AND DIU CIVIL COURTS (AMENDMENT) REGULATION, 2019,
(Reg. 1 of 2019) Published in the Gazette of India, Extraordinary, Part II, Section 1, dated
the 5th April, 2019 (Issue No. 23),—
At Page 2,—
(i) in line 14, for “five lakhs rupees”, read “five lakh rupees”.
(ii) in line 20, for “ten lakhs rupees”, read “ten lakh rupees”.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

CORRIGENDA
THE DADRA AND NAGAR HAVELI (CIVIL COURTS AND MISCELLANEOUS
PROVISIONS) AMENDMENT REGULATION, 2019
NO. 2 OF 2019

In the DADRA AND NAGAR HAVELI (CIVIL COURTS AND MISCELLANEOUS

PROVISIONS) AMENDMENT REGULATION, 2019 (Reg. 2 of 2019) Published in the
Gazette of India, Extraordinary, Part II, Section 1, dated the 5th April, 2019 (Issue
No. 24),—
At Page 2,—
(i) in line 11, for “five lakhs rupees”, read “five lakh rupees”.
(ii) in line 17, for “ten lakhs rupees”, read “ten lakh rupees”.

————

DR. G. NARAYANA RAJU,

Secy. to the Government of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND E-PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
BANSHI Digitally signed by
BANSHI DHAR
DHAR DUBEY
Date: 2019.04.09
DUBEY 21:30:18 +05'30'

MGIPMRND—21GI(S3)—09-04-2019.